Higher Education Legislation Amendment (2005 Measures No. 4) Act 2005 (158 of 2005)
Schedule 1 Overseas higher education providers
Higher Education Support Act 2003
1 After Division 3
Insert:
Division 5 - Application of Act to Table C providers
5-1 Application of Act to Table C providers
General application to Table C providers
(1) The provisions of this Act not listed in the table in subsection (2) or in subsection (4) apply to a *Table C provider, the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.
Modified application to Table C providers
(2) The provisions of this Act listed in the table apply to a *Table C provider in the way set out in the table.
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Application of Act to Table C providers |
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Item |
Provision |
Application |
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1 |
Subdivision 19-C (quality requirements) |
Applies to the *Australian branch of the provider. However, an audit by a *quality auditing body may need to assess the overall performance of the provider as it relates to that branch. |
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2 |
Subdivision 19-D (fairness requirements) |
Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
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3 |
Subdivision 19-F (contribution and fee requirements) |
Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
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4 |
Part 3-3 (FEE-HELP assistance) |
Applies to eligible students of the *Australian branch of the provider, but only for units of study in which the students are enrolled at the Australian branch. |
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5 |
Part 3-4 (OS-HELP assistance) |
Applies to eligible students of the *Australian branch of the provider. |
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6 |
Chapter 4 (Repayment of loans) |
Applies to the *Australian branch of the provider and to students undertaking, or students who undertook, units of study at that branch. |
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7 |
Part 5-2 (Administrative requirements on higher education providers) |
Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
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8 |
Part 5-3 (Electronic communications) |
Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
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9 |
Part 5-4 (Protection of personal information) |
Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
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10 |
Part 5-5 (Tax file numbers) |
Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
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11 |
Part 5-7 (Review of decisions) |
Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
Provisions that do not apply to Table C providers
(3) The provisions of this Act listed in subsection (4) do not apply to:
(a) a *Table C provider; or
(b) the *Australian branch of the provider; or
(c) students in their capacity as students of that provider or of that branch.
(4) The provisions are:
(a) Part 2-2 (Commonwealth Grant Scheme);
(b) Part 2-3 (Other grants);
(c) Part 2-4 (Grants for Commonwealth scholarships);
(d) Part 2-5 (Reduction and repayment of grants);
(e) Part 3-2 (HECS-HELP assistance).