5Definitions

#### 5 Definitions In this Act: > academic cheating service means the provision of work to or the undertaking of work for students, in circumstances where the work: (a) is, or forms a substantial part of, an assessment task that students are required to personally undertake; or (b) could reasonably be regarded as being, or forming a substantial part of, an assessment task that students are required to personally undertake. > academic cheating services information means information that: (a) was obtained under, or for the purposes of, this Act; and (b) relates to the use or provision of an academic cheating service by a person; and (c) identifies, or is reasonably capable of being used to identify, the person. > accreditation assessment means an assessment conducted under section 61. > accredited course means a course of study that: (a) if a registered higher education provider is authorised to self‑accredit the course of study—is accredited by the provider; and (b) otherwise—is accredited by TEQSA. > acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. > affected unit, of an original course, means a unit of study that a domestic student was enrolled in when a registered higher education provider defaulted in relation to the student. > approved means approved by TEQSA, in writing, for the purposes of the provision in which the expression occurs. > assessment task means an assignment, essay, examination, practicum, presentation, project or any other assessable part of a course of study, whether mandatory or optional. > associated provisions: this Act’s associated provisions are the provisions of the Crimes Act 1914 or the Criminal Code that relate to this Act. > Australia, when used in a geographical sense, includes the external Territories. > Australian corporation means a trading or financial corporation formed within the limits of the Commonwealth (to which paragraph 51(xx) of the Constitution applies). > Australian course of study means: (a) a single course leading to an Australian higher education award; or (b) a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to one or more Australian higher education awards. > Note: Example: An example of a combined or double course covered by paragraph (b) is a course that leads to the Australian higher education awards of Bachelor of Arts and Bachelor of Laws. > Australian higher education award means a higher education award offered or conferred (whether solely or jointly) by: (a) an Australian corporation; or (b) a corporation established by or under a law of the Commonwealth or a Territory; or (c) a person (other than an individual) established in Australia who conducts activities in a Territory; or (d) an Australian resident who conducts activities in a Territory. > Australian premises, in relation to an overseas higher education award, means premises: (a) in Australia; and (b) occupied by the person (the offeror) who offers or confers the award, or by another entity; and (c) from which the offeror, or the other entity under an arrangement with the offeror, provides all or part of a course of study. > Australian Qualifications Framework has the same meaning as in the Higher Education Support Act 2003. > Australian resident means an individual who resides in Australia and is: (a) an Australian citizen; or (b) the holder (within the meaning of the Migration Act 1958) of a permanent visa (within the meaning of that Act). > authorised officer means a person appointed as an authorised officer under section 94. > authorised offshore provider means a registered higher education provider authorised under Part 3A and listed on the Register under paragraph 198(1)(c). > carriage service provider has the same meaning as in the Telecommunications Act 1997. > Chief Commissioner means the Chief Commissioner of TEQSA. > Chief Executive Officer means the Chief Executive Officer of TEQSA. > civil penalty provision has the same meaning as in the Regulatory Powers Act. > commercial purpose means a purpose relating to the derivation of financial gain or reward. > Commissioner means the Chief Commissioner or another Commissioner of TEQSA. > Commonwealth authority means: (a) an Agency (within the meaning of the Public Service Act 1999); or (b) a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth. > compliance assessment means an assessment conducted under section 59. > condition includes: (a) for a condition imposed under section 32 (about conditions on registration)—that condition as varied under that section; or (aa) for a condition imposed under section 44J (about conditions on authorisation)—that condition as varied under that section; or (b) for a condition imposed under section 53 (about conditions on accreditation)—that condition as varied under that section. > constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. > course of study means: (a) an Australian course of study; or (b) an overseas course of study. > decision‑maker for a decision relating to tuition protection: see section 187A. > default: see section 62C. > disclose means divulge or communicate. > domestic student means a person who: (a) is not an overseas student (or an overseas student within the meaning of the Education Services for Overseas Students Act 2000); and (b) is enrolled, or proposes to become enrolled, in an Australian course of study with a registered higher education provider. > enrolled: a person enrolled in an Australian course of study (or unit of study) includes a person undertaking the course (or unit). > entrusted person means a person who is or was any of the following: (a) a Commissioner; (b) a Panel member; (c) the Chief Executive Officer; (d) a member of the staff of TEQSA; (e) a person performing a service for TEQSA. > executive officer of an entity means a person, by whatever name called and whether or not a director of the entity, who is concerned in, or takes part in, the entity’s management. > Federal Court means the Federal Court of Australia. > FEE‑HELP assistance has the same meaning as in the Higher Education Support Act 2003. > fit and proper person has a meaning affected by section 7A. > foreign corporation means a foreign corporation to which paragraph 51(xx) of the Constitution applies. > full‑time Commissioner means a Commissioner appointed on a full‑time basis. > HECS‑HELP assistance has the same meaning as in the Higher Education Support Act 2003. > HESA investigator has the same meaning as in the Higher Education Support Act 2003. > higher education award means: (a) a diploma, advanced diploma, associate degree, bachelor degree, undergraduate certificate, graduate certificate, graduate diploma, masters degree or doctoral degree; or (b) a qualification covered by level 5, 6, 7, 8, 9 or 10 of the Australian Qualifications Framework; or (c) an award of a similar kind, or represented as being of a similar kind, to any of the above awards; other than an award offered or conferred for the completion of a vocational education and training course. > higher education information means information, relating to a regulated entity: (a) that is obtained by TEQSA; and (b) that relates to TEQSA’s functions; and (c) that is not personal information (within the meaning of the Privacy Act 1988). > higher education provider means: (a) a constitutional corporation that offers or confers a regulated higher education award; or (b) a corporation that: (i) offers or confers a regulated higher education award; and (ii) is established by or under a law of the Commonwealth or a Territory; or (c) a person who offers or confers a regulated higher education award for the completion of a course of study provided wholly or partly in a Territory. > Higher Education Standards Framework means: (a) the Threshold Standards; and (b) any other standards made under paragraph 58(1)(b). > higher education student records: (a) in relation to an entity that is a registered higher education provider, means a document, or an object, in any form (including any electronic form) that is held by the entity because of the document’s or object’s connection with a person who is or was enrolled in an accredited course provided by the entity; and (b) in relation to an entity that is a former registered higher education provider, means a document, or an object, in any form (including any electronic form) that was held by the entity when the entity was a registered higher education provider because of the document’s or object’s connection with a person who was enrolled in an accredited course provided by the entity. > Higher Education Tuition Protection Director means the person referred to in section 167‑15 of the Higher Education Support Act 2003. > Higher Education Tuition Protection Fund means the Fund established by section 167‑1 of the Higher Education Support Act 2003. > Information Guidelines means guidelines referred to in item 1 of the table in section 204. > just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. > lawyer means: (a) a barrister; or (b) a solicitor; or (c) a barrister and solicitor; or (d) a legal practitioner; of the High Court or of the Supreme Court of a State or Territory. > member of the staff of TEQSA means: (a) a person referred to in subsection 156(1); or (b) a person whose services are made available to TEQSA under section 157. > national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004. > national security information has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004. > offshore premises means premises not in Australia. > offshore provided Australian course of study: see section 44A. > Open Universities Australia means Open Universities Australia Pty Ltd (ACN 053 431 888). > original course means an Australian course of study in relation to which a registered higher education provider has defaulted. > overseas course of study means: (a) a single course leading to an overseas higher education award; or (b) a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to one or more overseas higher education awards. > Note: Example: An example of a combined or double course covered by paragraph (b) is a course that leads to the overseas higher education awards of Bachelor of Arts and Bachelor of Laws. > overseas higher education award means a higher education award offered or conferred (whether solely or jointly) by: (a) a foreign corporation; or (b) a person (other than an individual) established outside of Australia who conducts activities in a Territory; or (c) an individual, who is not an Australian resident, who conducts activities in a Territory. > overseas student means a person who: (a) is not an Australian citizen; and (b) is enrolled, or proposes to become enrolled, in: (i) an Australian course of study with a registered higher education provider; or (ii) a unit of study access to which was provided by Open Universities Australia; but does not include: (c) a person entitled to stay in Australia, or to enter and stay in Australia, without any limitation as to time; or (d) a New Zealand citizen; or (e) a diplomatic or consular representative of New Zealand, a member of the staff of such a representative or the spouse, de facto partner (within the meaning of the Acts Interpretation Act 1901) or dependent relative of such a representative. > Panel means the Higher Education Standards Panel established by section 166. > Panel Chair means the Panel Chair mentioned in paragraph 167(1)(a). > Panel member means the Panel Chair or another member of the Panel. > part‑time Commissioner means a Commissioner appointed on a part‑time basis. > preliminary assessment application fee means: (a) for an application under section 18 (about applications for registration)—the fee payable under paragraph 18(3)(c); or (b) for an application under section 46 (about applications for accreditation)—the fee payable under paragraph 46(2)(c). > premises includes the following: (a) a structure, building, vehicle, vessel or aircraft; (b) a place (whether or not enclosed or built on); (c) a part of a thing referred to in paragraph (a) or (b). > protected person has the meaning given by subsection 202(2). > provide a course of study: an entity may provide a course of study by one or more of the following means: (a) a lecture, class or examination on campus or other premises; (b) a postal or other like service; (c) a computer adapted for communicating by way of the internet or another communications network; (d) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or other communications network; (e) a telephone; (f) any other electronic device. > provider category means a provider category listed in the Threshold Standards. > provider obligation period: see subsection 62F(2). > qualified auditor means: (a) a registered company auditor (within the meaning of the Corporations Act 2001); or (d) a person approved by TEQSA under subsection 27(4). > quality assessment means an assessment conducted under section 60. > Register means the National Register of Higher Education Providers established and maintained under section 198. > registered higher education provider means a higher education provider registered under Part 3 and listed on the Register under paragraph 198(1)(a). > registered higher education provider charge means charge imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021. > Register Guidelines means guidelines referred to in item 2 of the table in section 204. > regulated entity means: (a) a constitutional corporation; or (b) a corporation established by or under a law of the Commonwealth or a Territory; or (c) a person who conducts activities in a Territory. > regulated higher education award has the meaning given by section 6. > Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. > relative, in relation to a representative, includes: (a) an exnuptial or adoptive child of the representative, or someone of whom the representative is an exnuptial or adoptive child; and (b) someone who is a child (within the meaning of the Family Law Act 1975) of the representative, or of whom the representative is a child (within the meaning of that Act); and (c) relatives traced through relationships referred to in paragraphs (a) and (b). > replacement course means an Australian course of study that enables a domestic student to finish: (a) an original course; or (b) a course that is equivalent to an original course. > replacement unit means a unit of study that replaces an affected unit of an original course. > Research Minister means the Minister administering the Australian Research Council Act 2001. > reviewable decision: (a) for a decision by TEQSA—means a decision covered by section 183; (b) for a decision relating to tuition protection—means a decision covered by section 187A. > reviewer, of a reviewable decision relating to tuition protection: see section 187B. > Secretary means the Secretary of the Department. > State or Territory authority means: (a) a Department, or agency, of a State or Territory; or (b) a body, whether incorporated or not, established for a public purpose by or under a law of a State or Territory. > substantive assessment application fee means: (a) for an application under section 18 (about applications for registration)—the fee payable under paragraph 20(1)(b); or (b) for an application under section 46 (about applications for accreditation)—the fee payable under paragraph 48(1)(b). > Table A provider has the same meaning as in the Higher Education Support Act 2003. > TEQSA: see Tertiary Education Quality and Standards Agency. > Tertiary Admission Centre means a person, body or organisation that provides services in relation to student admissions and enrolments on behalf of registered higher education providers. > Tertiary Education Quality and Standards Agency or TEQSA means the body established by section 132. > Threshold Standards means the Threshold Standards made under paragraph 58(1)(a). > tuition fees means: (a) in relation to a unit of study for which a domestic student is liable to pay a student contribution amount within the meaning of the Higher Education Support Act 2003—that amount; or (b) in relation to a unit of study for which a domestic student is liable to pay a tuition fee within the meaning of the Higher Education Support Act 2003—that amount; or (c) if paragraph (a) or (b) does not apply—the amount, or the amount worked out using a method, prescribed by the Up‑front Payments Guidelines. > tuition protection requirements has the meaning given by subsection 26A(3). > unit of study: (a) in relation to an Australian course of study and a registered higher education provider that is also a higher education provider within the meaning of the Higher Education Support Act 2003—has the same meaning as in that Act; or (b) in relation to an Australian course of study and a registered higher education provider that is not of the kind mentioned in paragraph (a) means: (i) a subject or unit (however described) that a person may undertake as part of the course; or (ii) if the course is not comprised of subjects or units as referred to in subparagraph (i)—the course. > up‑front payment for a domestic student for a unit of study: (a) for a unit of study for which the student is liable to pay a student contribution amount within the meaning of the Higher Education Support Act 2003—has the same meaning as in section 93‑15 of that Act; or (b) for a unit of study for which the student is liable to pay a tuition fee within the meaning of the Higher Education Support Act 2003—has the same meaning as in section 107‑5 of that Act; or (c) if paragraph (a) or (b) does not apply—means a payment of all or a part of the student’s tuition fees for the unit. > Up‑front Payments Guidelines means guidelines made by the Minister under section 26B. > up‑front payments tuition protection levy means levy imposed by the Higher Education (Up‑front Payments Tuition Protection Levy) Act 2020. > vacancy has a meaning affected by section 7. > vocational education and training course means a VET course (within the meaning of the National Vocational Education and Training Regulator Act 2011).