Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-1A - TUITION PROTECTION  

Division 2 - Obligations when a provider defaults in relation to a student  

SECTION 166-26   Failure to discharge obligations  

Civil penalty

166-26(1)    
A higher education provider is liable to a civil penalty if:

(a)    the provider *defaults in relation to a student; and

(b)    the provider fails to discharge its obligations to the student in accordance with section 166-25 .

Civil penalty: 60 penalty units.

Offence

166-26(2)    
A higher education provider commits an offence of strict liability if:

(a)    the provider *defaults in relation to a student; and

(b)    the provider fails to discharge its obligations to the student in accordance with section 166-25 .

Penalty: 60 penalty units.

166-26(3)    
The maximum penalty for each day that an offence under subsection (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note:

Subsection (2) is a continuing offence under section 4K of the Crimes Act 1914 .