62BApplication of this Part

#### 62B Application of this Part (1) This Part applies to registered higher education providers other than: (a) Table A providers; or (b) providers that are owned by the Commonwealth, a State or a Territory; or (c) providers that are established under one of the following: (i) the Technical and Further Education Commission Act 1990 (NSW); (ii) the Education and Training Reform Act 2006 (Vic.); (iii) the TAFE Queensland Act 2013 (Qld); (iv) the Vocational Education and Training Act 1996 (WA); (v) the TAFE SA Act 2012 (SA); (vi) the Training and Workforce Development Act 2013 (Tas.); (vii) the Canberra Institute of Technology Act 1987 (ACT); or (d) providers of a kind prescribed by the Up‑front Payments Guidelines. (2) Despite subsection (1), the Minister may, by written notice, determine that this Part: (a) applies to a specified registered higher education provider; or (b) does not apply to a specified registered higher education provider; if the Minister considers it appropriate that this Part applies, or does not apply, to the provider. (3) In deciding whether it is appropriate that this Part applies, or does not apply, to a specified registered higher education provider, the Minister must have regard to the following: (a) the risk of the provider defaulting in relation to one or more domestic students; (b) the provider’s financial status and capacity; (c) any non‑compliance, or risk of future non‑compliance, with the Threshold Standards, this Act, legislative instruments made under this Act or this Act’s associated provisions; (d) any advice given to the Minister by TEQSA or the Higher Education Tuition Protection Director in relation to any of the matters referred to in paragraphs (a) to (c); (e) any other matter the Minister considers appropriate. (4) A determination under subsection (2): (a) may be made either unconditionally or subject to conditions; and (b) may be expressed to be in force indefinitely or for a specified period. (5) A determination made under subsection (2) is not a legislative instrument. (6) Despite subsection (1), sections 62N, 62P and 62Q apply to all registered higher education providers. > Note: Section 62N deals with the obligations of providers to provide information about replacement courses, section 62P deals with obligations of providers who provide replacement courses and section 62Q deals with the requirement of providers who provide replacement courses to keep up‑to‑date enrolment information.