9Act excludes State and Territory higher education laws

9 Act excludes State and Territory higher education laws

(1) The following entities are not required to comply with a State or Territory law purporting to regulate the provision of higher education: (a) a higher education provider; (b) a regulated entity who intends to become a higher education provider if: (i) the regulated entity has applied to TEQSA for registration under section 18; and (ii) TEQSA has not made a decision on the application. (2) Subsection (1) does not apply in relation to a State or Territory law to the extent that: (a) the law establishes the higher education provider or regulated entity; or (b) the law regulates who may carry on an occupation; or (c) the law is of a kind specified in regulations made for the purposes of this paragraph. (3) Subsection (1) does not apply in relation to a State or Territory law if that law purports to regulate a matter, of which the provision of higher education is only a part, unless that law is of a kind specified in regulations made for the purposes of this subsection.