Chapter 5
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Administration
PART 5-1A
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TUITION PROTECTION
History
Pt 5-1A inserted by No 111 of 2019, s 3 and Sch 2 item 16, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
Division 2
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Obligations when a provider defaults in relation to a student
History
Div 2 inserted by No 111 of 2019, s 3 and Sch 2 item 16, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
SECTION 166-27
Obligations of providers to provide information about replacement courses
166-27(1)
The *Higher Education Tuition Protection Director may, by notice in writing, require a higher education provider to provide such information that the Director reasonably requires to enable the Director to make a decision under subsection
166-26B(2)
regarding suitable *replacement courses for a student in relation to whom a provider has *defaulted.
History
S 166-27(1) amended by No 101 of 2020, s 3 and Sch 2 item 91, by substituting
"
subsection 166-26B(2)
"
for
"
subsection 166-25(1)
"
, applicable in relation to provider defaults that occur on or after 1 January 2021.
S 166-27(1) amended by No 101 of 2020, s 3 and Sch 2 item 7, by substituting
"
*Higher Education Tuition Protection Director
"
for
"
*HELP Tuition Protection Director
"
, effective 1 January 2021.
166-27(2)
The information must be provided:
(a)
in a form (if any) approved by the *Higher Education Tuition Protection Director for the information; and
(b)
in accordance with such other requirements as the Director makes.
History
S 166-27(2) amended by No 101 of 2020, s 3 and Sch 2 item 8, by substituting
"
*Higher Education Tuition Protection Director
"
for
"
*HELP Tuition Protection Director
"
in para (a), effective 1 January 2021.
Civil penalty
166-27(3)
A higher education provider contravenes this subsection if:
(a)
the provider is given a notice under subsection (1); and
(b)
the provider fails to comply with the notice.
Civil penalty: 60 penalty units.
Offence
166-27(4)
A higher education provider commits an offence of strict liability if:
(a)
the provider is given a notice under subsection (1); and
(b)
the provider fails to comply with the notice.
Penalty: 60 penalty units.
History
S 166-27 inserted by No 111 of 2019, s 3 and Sch 2 item 16, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.