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

86   Subsection 166-5(2)

Repeal the subsection, substitute:

(2) Despite subsection (1), the Minister may, by written notice, determine that this Part:

(a) applies to a specified higher education provider; or

(b) does not apply to a specified higher education provider;

if the Minister considers it appropriate that this Part applies, or does not apply, to the provider.

(2A) In deciding whether it is appropriate that this Part applies, or does not apply, to a specified higher education provider, the Minister must have regard to the following:

(a) the risk of the provider *defaulting in relation to one or more students;

(b) whether the provider is financially viable and likely to remain financially viable;

(c) any non-compliance, or risk of future non-compliance, with this Act or legislative instruments made under this Act;

(d) any advice given to the Minister by the *Secretary, *TEQSA or the *Higher Education Tuition Protection Director in relation to any of the matters referred to in paragraphs (a) to (c);

(e) any other matter the Minister considers appropriate.