Commonwealth Consolidated Acts

TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 - SECT 15

  (1)   TEQSA complies with the principle of reflecting risk if its exercise of the power has regard to:

  (a)   the entity's history, including the history of:

  (i)   its scholarship, teaching and research; and

  (ii)   its students' experiences; and

  (iii)   its financial status and capacity; and

  (iv)   its compliance with the Threshold Standards, this Act, this Act's associated provisions and other laws regulating education; and

  (b)   matters relating to the risk of the entity not complying with the Threshold Standards, this Act or this Act's associated provisions in the future, including:

  (i)   its internal quality assurance mechanisms; and

  (ii)   its financial status and capacity; and

  (iii)   the history of persons related to the entity.

  (2)   For the purposes of subparagraph   (1)(b)(iii), a person is related to a regulated entity if the person:

  (a)   is able to control, or to materially influence, the entity's activities or internal affairs; or

  (b)   is able to determine, or to materially influence, the entity's financial or operating policies; or

  (c)   is financially interested in the entity's success or failure or apparent success or failure; or

  (d)   is a holding company of the entity; or

  (e)   is a subsidiary of the entity; or

  (f)   is a subsidiary of a holding company of the entity.