39Consultation—change relates to use of “university”

#### 39 Consultation—change relates to use of “university” (1) This section applies if: (a) TEQSA proposes to make a decision under subsection 38(1) to change the provider category in which a registered higher education provider is registered; and (b) the provider’s current provider category, or the proposed provider category, is either the “Australian University” or “Overseas University” provider category. (2) Before doing so, TEQSA must give the provider and the Minister for each relevant State and Territory responsible for higher education: (a) a written notice stating that TEQSA intends to make the decision for specified reasons; and (b) a reasonable opportunity to make representations to TEQSA in relation to the proposed decision. (3) TEQSA must have regard to any representations received under subsection (2).