Commonwealth Consolidated Acts

TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 - SECT 21

Grant of application for registration

  (1)   TEQSA may grant the application for registration if TEQSA is satisfied that:

  (a)   the applicant meets the Threshold Standards; and

  (b)   the applicant, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the applicant's affairs, is a fit and proper person; and

  (c)   for an applicant to which Part   5A will apply--the applicant will comply with tuition protection requirements.

Decision on application

  (2)   TEQSA must make a decision on the application:

  (a)   within 9 months of receiving it; or

  (b)   if a longer period is determined by TEQSA under subsection   (3)--within that period.

For the purposes of paragraph   (a), TEQSA is taken to receive the application when it receives payment of the substantive assessment application fee.

Longer period for decision on application

  (3)   If TEQSA is satisfied that, for reasons beyond its control, a decision on the application cannot be made within the period mentioned in paragraph   (2)(a), TEQSA may determine a longer period, not exceeding a further 9 months, within which it must make a decision on the application.

  (4)   If TEQSA determines a longer period, it must do so not later than 6 weeks before the end of the period mentioned in paragraph   (2)(a).

  (5)   If TEQSA determines a longer period, TEQSA must, within 7 days of making the determination:

  (a)   notify the applicant, in writing, of the determination; and

  (b)   give, in writing, the reasons for the determination.

Period of registration

  (6)   If TEQSA grants the applicant's application, TEQSA must also determine the period for which the applicant is registered. The period must not exceed 7 years.

Note 1:   For renewals of registration, see section   36.

Note 2:   TEQSA may also impose conditions on the registration (see subsection   32(1)).

Note 3:   The period of registration may be extended (see section   37A).

Decision not made

  (7)   TEQSA is taken to have rejected the application if a decision is not made within the period applicable under subsection   (2).