Education Legislation Amendment (Up-front Payments Tuition Protection) Act 2020 (101 of 2020)
Schedule 2 Amendment of the Higher Education Support Act 2003
Part 3 Other amendments
Higher Education Support Act 2003
97 At the end of Division 2 of Part 5-1A
Add:
166-40 Other tuition protection information must be provided
(1) This section applies to a higher education provider if:
(a) the *Higher Education Tuition Protection Director believes on reasonable grounds that the provider has information relevant to the Director's functions under this Act; and
(b) the Director, by written notice given to the provider, requests the provider to give the Director the information:
(i) within the period (not shorter than 14 days after the notice is given) specified in the notice; and
(ii) in the manner specified in the notice.
(2) The provider must comply with the notice within the period specified in the notice.
Civil penalty
(3) A higher education provider is liable to a civil penalty if the provider contravenes subsection (2).
Civil penalty: 60 penalty units.
Offence
(4) A higher education provider commits an offence of strict liability if the provider contravenes subsection (2).
Penalty: 60 penalty units.
166-45 Continuing application of Part to certain persons
(1) This Part continues to apply in relation to a person that was a higher education provider as if the person were still a higher education provider.
(2) Subsection (1) applies for the purposes of dealing with or resolving any matter that arose during, or that relates to, the period when the person was a higher education provider.