Australian Securities and Investments Commission - Guidelines for the use in body corporate names of the word

Guidelines for the use of the word ‘university’ in company names

(i) CITATION
These Guidelines may be cited as the Guidelines for the use of the word ‘university’ in company names.

(ii) AUTHORITY
The Guidelines for the use of the word ‘university’ in company names are made under subregulation 2B.6.02(4) of the Corporations Regulations 2001.

(iii) DATE OF EFFECT
The Guidelines for the use of the word ‘university’ in company names take effect on the day after the day on which they are registered on the Federal Register of Legislative Instruments.

(iv) REVOCATION
The Guidelines for the use in body corporate names of the word ‘university’, dated 24 May 2007, are revoked.

(v) GUIDELINES

A company name that includes the word 'university' (or letters, words or expressions of like import to the word ‘university’) cannot be used by a company under the

Corporations Act

2001

(the Act) unless the Commonwealth Minister for Education, Science and Training has approved in writing the use of that name by the applicant.

The Minister has authorised the following employees of the Commonwealth Department of Education, Science and Training (DEST) to grant or to refuse to grant consent to applications to use the word ‘university’ in the name of a company on her behalf:

Group Manager, Higher Education Group; and
Branch Manager, Quality Branch, Higher Education Group.

These guidelines set out the procedures to be followed and the criteria which will normally be applied in considering applications for written consent to company names that include the word 'university' (or letters, words or expressions of like import to the word ‘university’). However, each application will be considered on its merits, having regard to the individual circumstances involved to allow the decision maker to exercise discretion.

All applications to the Australian Securities and Investments Commission must be accompanied by the written consent of the Minister or an employee of DEST authorised by the Minister.

Background

National Protocols for Higher Education Approval Processes

(National Protocols) have been agreed between the Commonwealth, and the State and Territory Governments to protect the standing of Australian higher education nationally and internationally. The National Protocols assure students and the community that higher education institutions in Australia have met identified criteria and are subject to appropriate government regulation. They are availabl

e at:

www.mceetya.edu.au/mceetya

The National Protocols require Australian universities to meet certain nationally agreed criteria in relation to, among other things, teaching and learning, scholarship, research, governance and financial resources. The National Protocols also require the Commonwealth to protect the title ‘university’ under the Act

to ensure that it is not used in a way that diminishes the integrity of university title. The use of letters, words or expressions of like import to the word ‘university’ is also restricted under the

Corporations Regulations 2001

. The States and Territories protect the use of the word ‘university’ in their respective business names and associations legislation.

* The word university is restricted under section 147 of the Act. Letters, words or expressions of like import to the word ‘university’ are restricted under subparagraph 2B.6.02(1)(b)(ii) of the Corporations Regulations 2001.

The restriction regarding use of the word ‘university’ prohibits the use of that word without the written consent of the Minister or an employee of DEST authorised by the Minister, and penalties apply under Commonwealth, State and Territory legislation.

Criteria for granting consent

Consent will normally be granted for the use of the word 'university', or letters, words or expressions of like import in a company name where:

the applicant is an institution that has been established or recognised as a university or university college by an Australian higher education authority and is listed on the Australian Qualifications Framework’s (AQF)

Register of Recognised Education Institutions and Authorised Accreditation Authorities in Australia

(see

www.aqf.edu.au/register.htm

);

the applicant will be controlled entirely by another company or body that has been established or recognised as a university or university college in Australia under Australian State, Territory or Commonwealth legislation, and

the application is supported by the university or university college concerned; and

ii)

the proposed name accurately reflects the purpose for which the applicant in question is being formed;

the applicant does not intend to provide education services, issue higher education awards or intend in any other respect to operate or purport to operate as a university or university college. In this case:

the proposed name as a whole must accurately reflect the purpose for which the company is being formed and not be likely to mislead persons dealing with the company about the nature of its activities, or its connection to a particular university or university college; and

ii)

if the proposed name implies a connection with an existing university or university college listed on the AQF register (for example, Sydney University Cricket Club Pty Ltd), the application must be supported by that university or university college.

How to apply

Applicants should, in their applications, have regard to the criteria for granting consent and provide the supporting documentation listed below. Applications must be forwarded to:

Branch Manager

Quality Branch

Higher Education Group

Department of Education, Employment and Workplace Relations

Location 022

GPO Box 9880

CANBERRA ACT 2601

Supporting documentation

10.

All applications

should include the following supporting documentation:

the proposed company name;
details of the applicant’s company status under section 8 of the Act;
a description of the applicant’s intended business, the nature of its activity and the criterion in paragraph 8 above under which it is seeking consent; and
a statement on whether or not the applicant intends to provide education or issue qualifications.

Applications under criterion 8(a)

11.

Where an applicant has been approved as an Australian university or university college, and the applicant is not yet listed on the

AQF Register of Recognised Education Institutions and Authorised Accreditation Authorities in Australia

, the application must include a written statement from the relevant State or Territory government higher education accreditation authority attesting to the applicant's university status.

12.

The higher education accreditation authority must be listed on the

AQF Register of Recognised Education Institutions and Authorised Accreditation Authorities in Australia

Applications under criterion 8(b)

13.

Applications under

criterion 8(b)

above should include written confirmation from the relevant university or university college stating that:

The activities of the applicant will be controlled completely by the university or university college;
The application is supported by the university or university college; and
The applicant's proposed name accurately reflects the purpose for which the company was / will be formed.

Applications under criterion 8(c)

14.

Where the proposed name implies a connection with an existing university or university college, the application should include written confirmation of support for the proposed name from the relevant university or university college.

Processing of applications

15.

For the purpose of determining an application, the Minister or employee of DEST authorised by the Minister may, by written notice, seek additional information from an applicant on one or more occasions so as to, for instance, clarify information contained in the application.

16.

A written notice requesting additional information will specify the date by which the applicant must provide the further information specified. If an applicant fails to comply with such a request for further information, the Minister or employee of DEST authorised by the Minister will consider the application on the basis of the available information and may refuse the application.

17.

Applications will be dealt with by DEST on a confidential basis. Information on applications will be shared with State or Territory governments on a confidential basis where required for the purpose of determining the application.

18.

As a general rule, applicants will be notified in writing of the outcome of their application within one month of receipt. The time required to determine an application may be extended where it raises complex issues or additional information is required from the applicant. Applicants will be informed if the application cannot be determined within one month of receipt.

Revocation of consent

19.

Consent to use the word, or an abbreviation of the word, ‘university’ in a company name may be granted subject to conditions. If one of these conditions is subsequently breached, consent may be revoked. The Australian Securities and Investments Commission may then direct the relevant body to change its name under section 158 or 601DJ of the Act.

20.

Consent is granted on the basis of compliance with the criteria set out in these guidelines. Consent may be revoked if this compliance is not ongoing. For example, consent may be reviewed or revoked if an applicant’s circumstances significantly change to the extent that it no longer meets the criteria under which it was granted consent.

Internal review and appeal

21.

Applicants who wish to appeal against a decision may, in the first instance, seek an internal review of the decision by the Group Manager, Higher Education Group. All requests for the internal review of a decision must:

be made to the following address within 28 days of the date of the decision

Group Manager

Higher Education Group

Department of Education, Employment and Workplace Relations

Location 031

GPO Box 9880

CANBERRA ACT 2601

;

and

be accompanied by the reasons why the applicant wants the decision to be reversed; and

address the reasons given by the authorised employee of DEST in refusing the application.

22.

Applicants should note that decisions will be internally reviewed only once and a request for the internal review of a decision that is not made within 28 days of the date of the decision may be refused.

23.

Applicants may be able to seek judicial review of decisions under the

Administrative Decisions (Judicial Review) Act 1977

or the common law and should seek their own advice in relation to this.

Further enquiries

24.

Further enquiries regarding applications for use of a company name that includes the word 'universit

y' or applications for use of letters, words or expressions of like import to the word ‘university’, and these Guidelines should be directed to DEST at the address stated in paragraph 9 of these Guidelines, by phone on (02)

6219 3553

or vi

a email to

quality@dest.gov.au

or via DEST’s website at:

http://www.dest.gov.au/sectors/higher_education/default.htm

Criminal Code

25.

In respect of information of any kind submitted to DEST or the Minister pursuant to the requirements of the

Corporations Act 2001

, the

Corporations Regulations 2001

and these Guidelines, the

Criminal Code

(Cwth) provides that giving false or misleading information is a serious offence.

ASIC Website: Printed 08/22/2008

Number:	-- OR --
Name: