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Tertiary Education Quality and Standards Agency Act 2011
58Making the Higher Education Standards Framework
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#### 58 Making the Higher Education Standards Framework
Making the standards
(1) The Minister may, by legislative instrument, make the following standards that make up the Higher Education Standards Framework:
(a) the Threshold Standards;
(b) other standards against which the quality of higher education can be assessed.
> Note: For varying or revoking a standard, see subsection 33(3) of the Acts Interpretation Act 1901.
Requirements before making any of the standards
(3) The Minister must not make a standard under this section unless:
(a) a draft of the standard has been developed by the Panel; and
(b) the Minister has consulted each of the following about the draft:
(i) the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education;
(ii) if the Minister is not also the Research Minister—the Research Minister;
(iii) TEQSA.
(4) Before the Minister makes a standard under this section, the Minister must have regard to:
(a) the draft of the standard developed by the Panel; and
(b) any advice or recommendations given to the Minister by any of the following:
(i) the Panel, that Ministerial Council or TEQSA;
(ii) if the Minister is not also the Research Minister—the Research Minister.
Content of the standards
(5) Despite subsection 14(2) of the Legislation Act 2003, a standard may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.