Education (Tertiary Reform) Amendment Act 2002

7 Interpretation
  • (1) Section 159(1) of the principal Act is amended by omitting the words Parts XIV to XXIV of this Act, and in the Thirteenth to the Eighteenth Schedules to this Act, and substituting the words Part 13A to Part XXIV, and in the Thirteenth to Seventeenth Schedules.

    (2) Section 159(1) of the principal Act is amended by repealing paragraph (b) of the definition of domestic student, and substituting the following paragraph:

    • (b) the holder of a residence permit under the Immigration Act 1987 who satisfies the criteria (if any) prescribed by regulations made under subsection (4); or.

    (3) Section 159(1) of the principal Act is amended by inserting, in their appropriate alphabetical order, the following definitions:

    charter means a document of the kind described in section 159L or, in the case of an institution that has a charter approved under Part XV, a document of the kind described in section 184

    Commission means the Tertiary Education Commission established under section 159C

    give public notice means to publish a notice in the Gazette that—

    • (a) gives notice of the fact that something has been made, approved, or done; and

    • (b) includes information about how or where the public can see and obtain a copy of the thing that has been made, approved, or done

    industry training organisation means a body corporate for the time being recognised under section 5 or section 8(1) of the Industry Training Act 1992

    profile means a document of the kind described in section 159W

    specialist college means, subject to subsection (3), a body established as a specialist college under section 162(2)

    statement of tertiary education priorities means the latest statement issued by the Minister under section 159AC

    tertiary education provider means all or any of the following, but does not include an industry training organisation

    • (a) an institution:

    • (b) a registered establishment:

    • (c) a government training establishment:

    • (d) any other person or body that provides, or proposes to provide, tertiary education and that is funded through non-departmental output classes from Vote Education (for example, community education providers)

    tertiary education strategy means the latest strategy document approved under section 159AA.

    (4) Section 159(1) of the principal Act is amended by inserting in the definition of institution, after paragraph (b), the following paragraph:

    • (ba) specialist college; or.

    (5) Section 159(1) of the principal Act is amended by repealing the definition of association.

    (6) Section 159(3) of the principal Act is amended by inserting, after the word polytechnic,, the words specialist college,.

    (7) Section 159 of the principal Act is amended by adding the following subsections:

    • (4) The Governor-General may, by Order in Council, make regulations prescribing criteria that the holder of a residence permit under the Immigration Act 1987 must satisfy in order to fulfil the requirements of paragraph (b) of the definition of domestic student in subsection (1).

    • (5) Regulations made under subsection (4),—

      • (a) if made on or before 30 June in any year, expire on the close of December of that year unless they are expressly confirmed by Act of Parliament passed during that year; and

      • (b) if made on or after 1 July in any year, expire on the close of 31 December in the following year unless they are expressly confirmed by Act of Parliament passed before the end of that following year.

    • (6) The expiry of regulations made under subsection (4) does not affect the validity of any act done pursuant to, or in accordance with, the regulations before the date on which the regulations expire.