(1) An institution must not—
(a) confer or offer to confer a higher education award in relation to a course of study; or
(b) offer or conduct a course of study leading to the conferral of a higher education award whether the award is to be conferred by that institution or any other institution; or
(c) represent in any manner that a course of study offered or conducted by that institution leads to or would entitle a person completing that course to, the conferral of a higher education award whether the award is to be conferred by that institution or any other institution—
(d) in the case of an autonomous college, it is authorised by an Order in Council under section 3.2.12 to confer the award;
(e) in the case of an institution operated by a company established or controlled by a university, the governing body of the university has the power to control the standards and quality of the course of study offered by the institution and confers the award in relation to that course of study;
(f) in the case of any other institution—
(i) the course of study is accredited by the Authority; and
(ii) the Authority has authorised the institution to conduct the course of study.
Penalty: 200 penalty units.
(2) Subsection (1) does not apply to—
(a) a recognised University;
(b) an institution that has the approval of the Authority to operate as a University under section 4.3.30;
S. 4.7.7(2)(c) amended by No. 61/2016 s. 39.
(c) the University of Divinity;
(d) a body corporate named as a higher education institution empowered to issue its own qualifications on the Register of Recognised Education Institutions and Authorised Accreditation Authorities in Australia referred to in the Higher Education Support Act 2003 of the Commonwealth.