Higher Education Support Act 2003
Chapter 5
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Administration
PART 5-1B
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HIGHER EDUCATION TUITION PROTECTION FUND, HIGHER EDUCATION TUITION PROTECTION DIRECTOR AND HIGHER EDUCATION TUITION PROTECTION FUND ADVISORY BOARD
Division 2
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Higher Education Tuition Protection Director
SECTION 167-20
Functions of the Higher Education Tuition Protection Director
167-20(1)
The *Higher Education Tuition Protection Director has the following functions: (a) facilitating and monitoring the placement of students in relation to whom a higher education provider has *defaulted; (aa) facilitating and monitoring the placement of students under Part 5A of the *TEQSA Act, in relation to whom a *registered higher education provider has defaulted (within the meaning of that Act); (b) paying amounts out of, or reducing the balance of, the *Higher Education Tuition Protection Fund under section 167-10 ; (c) reporting to the Minister on:
167-20(2)
The *Higher Education Tuition Protection Director has power to do all things necessary or convenient to be done for, or in connection with, the performance of the Director ' s functions.
167-20(3)
The *Higher Education Tuition Protection Director must, in performing a function, or exercising a power, under this section, have regard to how the performance of that function, or exercise of that power, will affect the *tuition protection requirements under this Act and the tuition protection requirements within the meaning of the *TEQSA Act.
View history note
Hide history noteThe *Higher Education Tuition Protection Director has the following functions: (a) facilitating and monitoring the placement of students in relation to whom a higher education provider has *defaulted; (aa) facilitating and monitoring the placement of students under Part 5A of the *TEQSA Act, in relation to whom a *registered higher education provider has defaulted (within the meaning of that Act); (b) paying amounts out of, or reducing the balance of, the *Higher Education Tuition Protection Fund under section 167-10 ; (c) reporting to the Minister on:
(i) the operation of Part 5-1A of this Act and Part 5A of the TEQSA Act (both of which deal with tuition protection); and
(d) managing the Higher Education Tuition Protection Fund in a way that ensures that it is able to meet all its liabilities from time to time; (e) making the legislative instrument each year under section 13 of the Higher Education Support (HELP Tuition Protection Levy) Act 2019 ; (ea) making the legislative instrument each year under section 13 of the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020 ; (f) recommending that the Secretary take action against a higher education provider that has defaulted in relation to a student; (fa) recommending that *TEQSA take action against a registered higher education provider that has defaulted in relation to a student (within the meaning of the TEQSA Act); (g) any other function conferred by this Act or any other law of the Commonwealth; (h) any other function that is incidental or conducive to the performance of the above functions.
(ii) the financial status of the Higher Education Tuition Protection Fund;
167-20(2)
The *Higher Education Tuition Protection Director has power to do all things necessary or convenient to be done for, or in connection with, the performance of the Director ' s functions.
167-20(3)
The *Higher Education Tuition Protection Director must, in performing a function, or exercising a power, under this section, have regard to how the performance of that function, or exercise of that power, will affect the *tuition protection requirements under this Act and the tuition protection requirements within the meaning of the *TEQSA Act.
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