(1) The Authority may, by notice published in the Government Gazette, approve an institution, other than an autonomous college or a TAFE institute, to operate as a University or part of a University.
(2) An institution that is established as a University under an Act of the Commonwealth, another State, the Australian Capital Territory or the Northern Territory is deemed to have the approval of the Authority under this section to operate as a University or part of a University (as the case requires).
(3) A person representing an institution may apply to the Authority in writing for approval to operate as a University.
(4) In deciding whether to grant approval under subsection (1), the Authority may have regard to Government policies and priorities and to all or any of the following matters—
(a) in the case of an institution established in a foreign country, whether it is recognised as a University by the authority in the foreign country that, in the Authority's opinion, is the competent authority;
(b) the National Protocols for Higher Education Approval Processes first endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs on 31 March 2000, as in force from time to time;
(c) any other matter relating to the management or operations of the institution that, in the opinion of the Authority, are relevant to the ability of the institution to operate as a University or part of a University;
(5) The Authority may from time to time issue guidelines about all or any of the matters referred to in subsection (4) and must publish any guidelines that are issued in the Government Gazette.
(6) An approval remains in force for any period not exceeding 5 years that the Authority determines unless sooner revoked.
(7) An approval is subject to any other conditions imposed by the Authority.
(8) The Authority may charge any fee fixed by the Minister for investigating an application for approval under this section.