QueenslandHigherEducation(GeneralProvisions)Act2003HigherEducation(GeneralProvisions)Regulation2004Reprinted as in force on 1 January
2008Reprint No. 1FThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2008 Act No. 25 s 138
Information about this reprintThis
regulation is reprinted as at 1 January 2008. The reprint shows the
law as amended byall amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of reprints is included in the
endnotes.Also see endnotes for information
about—•when provisions commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand the reprint
date is the commencement of the last amendment.If the date of a
hard copy reprint is the same as the date shown for an electronic
versionpreviously published, it merely means that
the electronic version was published before thehard copy version.
Also, any revised edition of the previously published electronic
versionwill have the same date as that
version.Replacement reprint dateIf the date of a
hard copy reprint is the same as the date shownon another hard
copy reprint it means that one is the replacement of the
other.
s13s2HigherEducation(GeneralProvisions)Regulation2004Higher Education (General
Provisions)Regulation 2004[as amended by
all amendments that commenced on or before 1 January 2008]Part
1Preliminary1Short
titleThisregulationmaybecitedastheHigherEducation(GeneralProvisions)Regulation2004.Part 2Universities2Reduced application fee(1)Subsection (2) applies if—(a)theMinisterdecidestorefusetograntanapplication,under section 6
of the Act, by the governing body of ahigher education
institution for the Minister’s approvalthattheinstitutionissuitabletobeestablishedorrecognised, under an Act, as a university in
Queensland;and(b)within6monthsafterthegoverningbodyreceivesaninformation notice for the decision, the
governing bodyreapplies, under section 6 of the Act, for
the Minister’sapproval that the institution is suitable to
be establishedorrecognised,underanAct,asauniversityinQueensland; and(c)thesecondapplicationaddressesthereasonsforthedecisiononthefirstapplicationmentionedintheinformation
notice for the decision.
s34s3HigherEducation(GeneralProvisions)Regulation2004(2)The application
fee for the second application is $21895.50.(3)Subsection (2) does not apply for any
subsequent applicationbythegoverningbody,undersection6oftheAct,fortheMinister’sapprovalthattheinstitutionissuitabletobeestablishedorrecognised,underanAct,asauniversityinQueensland.Part 3Overseas higher educationinstitutions3Application for approval to operate in
Queensland(1)An application by the governing body
of an overseas highereducationinstitution,undersection24oftheAct,fortheMinister’sapprovaltoenabletheinstitutiontooperateinQueensland must be accompanied by the
application fee foreachhighereducationcourseproposedtobeofferedinQueensland by the institution.(2)Also, if the course assessment panel
for the application is toexamine the applicant’s proposed
operation of the institutionin Queensland,
the applicant must, before the examination isconducted, pay
the examination fee for each higher educationcourseproposedtobeofferedinQueenslandbytheinstitution.(3)However, if the application is for 2 or more
higher educationcourses and the same course assessment panel
is to examinetheapplicant’sproposedoperationoftheinstitutioninQueenslandformorethanoneofthecourses,theapplicantmust, before the
examination is conducted, pay—(a)theexaminationfeeforthehighestfeecourseofthecoursesforwhichtheproposedoperationistobeexamined or, if there is more than 1 highest
fee course,the examination fee for one of them;
and(b)one-quarter of the examination fee for
each other coursefor which the proposed operation is to be
examined.
s45s5HigherEducation(GeneralProvisions)Regulation2004(4)If the applicant
has made 2 or more applications at the sametime,theapplicationsare,forsubsection(3),takentohavebeen made as 1 application.(5)In this section—course
assessment panelmeans the panel established by theMinister to assess the application.highestfeecourse,ofcoursesforwhichtheapplicant’sproposed
operation of the institution in Queensland is to beexamined,meansthecourseforwhichthehighestexamination fee
is prescribed under this regulation.4Waiver of examination fee(1)This section applies if, under the
application, the institutionproposestoofferinQueenslandahighereducationcoursebothatthebachelordegreelevelandbachelor(honours)degree level.(2)The
examination fee for the bachelor (honours) degree levelof
the course is not payable.5Application for
renewal of approval to operate inQueensland(1)An application by the holder of an
approval under part 3 of theAct for the
renewal of the approval must be accompanied bythe application
fee for each higher education course to whichthe approval
relates.(2)Also, if the course assessment panel
for the application is toexaminetheapplicant’soperationoftheinstitutioninQueensland,theapplicantmust,beforetheexaminationisconducted, pay the examination fee for each
higher educationcourse to which the approval relates.(3)However, if the application is for 2
or more higher educationcourses and the same course assessment
panel is to examinethe applicant’s operation of the institution
in Queensland formore than one of the courses, the applicant
must, before theexamination is conducted, pay—
s66s7HigherEducation(GeneralProvisions)Regulation2004(a)theexaminationfeeforthehighestfeecourseofthecourses for which the operation is to
be examined or, ifthere is more than 1 highest fee course, the
examinationfee for one of them; and(b)one-quarter of the examination fee for each
other coursefor which the operation is to be
examined.(4)If the applicant has made 2 or more
applications at the sametime,theapplicationsare,forsubsection(3),takentohavebeen made as 1 application.(5)In this section—course
assessment panelmeans the panel established by theMinister to assess the application.highestfeecourse,ofcoursesforwhichtheapplicant’soperation of the
institution in Queensland is to be examined,meansthecourseforwhichthehighestexaminationfeeisprescribed under this
regulation.6Waiver of examination fee(1)Thissectionappliesiftheapplicationrelatestoahighereducation course offered both at the
bachelor degree level andbachelor (honours) degree
level.(2)The examination fee for the bachelor
(honours) degree levelof the course is not payable.Part
4Non-university providers7Application for accreditation of higher
education course(1)Anapplicationbythegoverningbodyofanon-universityprovider, under
section 46 of the Act, for the accreditation of1 or more higher
education courses must be accompanied bythe application
fee for each course.(2)Also, if the course assessment panel
for the application is toexamine the applicant’s operation or
proposed operation for a
s87s8HigherEducation(GeneralProvisions)Regulation2004course,theapplicantmust,beforetheexaminationisconducted, pay the examination fee for the
course.(3)However, if the application is for 2
or more higher educationcourses and the same course assessment
panel is to examinethe applicant’s operation or proposed
operation for more thanone of the courses, the applicant
must, before the examinationis conducted,
pay—(a)theexaminationfeeforthehighestfeecourseofthecourses for which the operation or
proposed operation isto be examined or, if there is more
than 1 highest feecourse, the examination fee for one of them;
and(b)one-quarter of the examination fee for
each other coursefor which the operation or proposed
operation is to beexamined.(4)If
the applicant has made 2 or more applications at the sametime,theapplicationsare,forsubsection(3),takentohavebeen made as 1 application.(5)In this section—course
assessment panelmeans the panel established by theMinister to assess the application.highestfeecourse,ofcoursesforwhichtheapplicant’soperation or
proposed operation is to be examined, means thecourseforwhichthehighestexaminationfeeisprescribedunder this
regulation.8Waiver of examination fee—bachelor
(honours) degree(1)Thissectionappliesif,undertheapplication,thenon-university provider proposes to offer a
higher educationcoursebothatthebachelordegreelevelandbachelor(honours) degree
level.(2)The examination fee for the bachelor
(honours) degree levelof the course is not
payable.
s
98s 10HigherEducation(GeneralProvisions)Regulation20049Waiver of
examination fee—modified accreditationprocess(1)This section applies if—(a)thegoverningbodyofanon-universityproviderispermittedbytheMinistertoparticipateinamodifiedaccreditation
process; and(b)the governing body applies, under
section 46 of the Act,for the accreditation of a higher
education course.(2)Payment of the examination fee for the
course is waived.(3)In this section—modified
accreditation processmeans a process under whichthe
governing body of a non-university provider that has madeanapplication,undersection46oftheAct,fortheaccreditation of
a higher education course—(a)providesadministrativesupporttothecourseassessment panel established by the Minister
to assessthe application; and(b)pays
all costs relating to the examination by the panel ofthe
provider’s operation, or proposed operation, for thecourse.10Reduced examination fee—application made
inaccordance with MCEETYA procedures(1)This section applies if—(a)an application is made, under section
46 of the Act, forthe accreditation of a higher education
course proposedto be offered in 2 or more States;
and(b)theapplicationhasbeenmadeinaccordancewiththeMCEETYA procedures; and(c)theMinisterisnotthereceivingauthority,fortheapplication,
under the MCEETYA procedures.(2)The
examination fee for the course is $2737.00.(3)This
section is subject to section 7(3).(4)In
this section—
s
119s 12HigherEducation(GeneralProvisions)Regulation2004MCEETYAproceduresmeanstheproceduresapprovedbyMCEETYA for considering an application
by the governingbodyofanon-universityproviderfortheconcurrentaccreditation in 2 or more States of a
higher education courseproposed to be offered by the provider
in the 2 or more States.11Reduced
examination fee—course accredited undercorresponding
law(1)This section applies if—(a)an application is made, under section
46 of the Act, forthe accreditation of a higher education
course; and(b)the course is accredited under a
corresponding law.(2)The examination fee for the course is
$2737.00.(3)This section is subject to section
7(3).(4)In this section—correspondinglawmeansalawapplyingintheCommonwealthoranotherStatethatprovidesforthesamematter as the Act
or a provision of the Act.12Course survey
data—Act, s 59(1)For section 59(2) of the Act, the day
is 31 March of each year.(2)For the
definitioncoursesurveydata, paragraph (h) in section59(3)
of the Act, the following are other details—(a)thedateofbirthofeachstudentwhoundertookthecourse;(b)thenumberofstudentswhoundertookthecoursebydistance education;(c)the
number of students who undertook the course whowere Aboriginal
persons or Torres Strait Islanders;(d)the
regions in which students who undertook the courselived.
s
1310s 14HigherEducation(GeneralProvisions)Regulation2004(3)In this
section—distanceeducationseetheEducation(GeneralProvisions)Act2006, schedule 4.Part 5Miscellaneous matters13FeesThe fees payable under the Act are
stated in the schedule.Part 6Transitional
provision14Reduced application
fee—universities(1)Subsection (2) applies if—(a)theMinisterdecidedwithin1yearbeforethecommencement, under theHigherEducation(GeneralProvisions)Regulation1996,
section 10, that a proposeduniversityshouldnotbeestablishedorrecognised,under an Act, as
a university in Queensland; and(b)within 6 months after the commencement, the
governingbody of the proposed university reapplies,
under section6oftheAct,fortheMinister’sapprovalthattheproposeduniversityissuitabletobeestablishedorrecognised, under an Act, as a university in
Queensland;and(c)thesecondapplicationaddressesthereasonsforthedecision mentioned in paragraph
(a).(2)The application fee for the second
application is $20000.(3)Subsection (2)
does not apply for any subsequent applicationbythegoverningbody,undersection6oftheAct,fortheMinister’s approval that the proposed
university is suitable to
s
1411s 14HigherEducation(GeneralProvisions)Regulation2004be established or recognised, under an
Act, as a university inQueensland.(4)In
this section—commencementmeans
commencement of this section.
14HigherEducation(GeneralProvisions)Regulation2004Endnotes1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.143Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .144Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .155List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .156List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .162Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that
commenced operation on or before 1 January 2008.Future
amendments of the Higher Education (General Provisions) Regulation
2004 maybe made in accordance with this reprint under
the Reprints Act 1992, section 49.3KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered
15HigherEducation(GeneralProvisions)Regulation20044Table of
reprintsReprints are issued for both future and past
effective dates. For the most up-to-date tableof reprints, see
the reprint with the latest effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1B1C1D1E1FAmendments includednone2004 SL No. 732005 SL No.
2862006 SL No. 2462006 SL No.
2452007 SL No. 2662007 SL No.
247Effective21 May
200411 June 20041 January
200630 October 20061 January
20072 November 20071 January
2008Notes5List
of legislationHigher Education (General Provisions)
Regulation 2004 SL No. 57made by the Governor in Council on 20
May 2004notfd gaz 21 May 2004 pp 191–4commenced on date of notificationexp 1
September 2014 (see SIA s 54)Note—The expiry
date may have changed since this reprint was published. See
thelatest reprint of the SIR for any
change.amending legislation—Higher Education
(General Provisions) Amendment Regulation (No. 1) 2004 SL
No.73notfd gaz 11 June 2004 pp 445–6commenced on date of notificationEducation Legislation Amendment Regulation
(No. 2) 2005 SL No. 286 pts 1, 4notfd gaz 2
December 2005 pp 1268–71ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
2006 (see s 2)Education Legislation Amendment Regulation
(No. 1) 2006 SL No. 245 pts 1, 5notfd gaz 6
October 2006 pp 577–80ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
2007 (see s 2)Education (General Provisions) Regulation
2006 SL No. 246 ss 1, 2(3), 90(1) sch 1notfd gaz 6
October 2006 pp 577–80ss 1–2 commenced on date of
notificationremaining provisions commenced 30 October
2006 (see s 2(3))
