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 166-30
Obligations of replacement providers
166-30(1)
This section applies if a student accepts an offer of a place in a *replacement unit or *replacement course.
History
S 166-30(1) amended by No 101 of 2020, s 3 and Sch 2 item 92, by inserting
"
*replacement unit or
"
, applicable in relation to provider defaults that occur on or after 1 January 2021.
166-30(2)
The higher education provider who provides the *replacement unit or *replacement course must give written notice of the acceptance to the *Higher Education Tuition Protection Director within 14 days of the acceptance.
History
S 166-30(2) amended by No 101 of 2020, s 3 and Sch 2 item 93, by inserting
"
*replacement unit or
"
, applicable in relation to provider defaults that occur on or after 1 January 2021.
S 166-30(2) amended by No 101 of 2020, s 3 and Sch 2 item 9, by substituting
"
*Higher Education Tuition Protection Director
"
for
"
*HELP Tuition Protection Director
"
, effective 1 January 2021.
166-30(3)
The higher education provider who provides the *replacement unit or *replacement course must ensure that the student:
(a)
for a replacement course
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is granted credits for units of study of the *original course successfully completed by the student; and
(b)
if the student has been charged a *student contribution amount or a *tuition fee for an *affected unit
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is not charged a student contribution amount or a tuition fee for the replacement unit or the replacement unit of the replacement course; and
(c)
is enrolled in the replacement unit or replacement course as soon as practicable.
History
S 166-30(3) substituted by No 101 of 2020, s 3 and Sch 2 item 94, applicable in relation to provider defaults that occur on or after 1 January 2021. S 166-30(3) formerly read:
166-30(3)
The higher education provider who provides the *replacement course must ensure that the student:
(a)
is granted course credits for units of study of the *original course successfully completed by the student; or
(b)
if the student has been charged a *student contribution amount or a *tuition fee for an *affected unit
-
is not charged a student contribution amount or a tuition fee for a *replacement unit of the replacement course; and
(c)
is enrolled in the replacement course as soon as practicable.
Civil penalty
166-30(4)
A higher education provider contravenes this subsection if the provider fails to comply with this section.
Civil penalty: 60 penalty units.
Offence
166-30(5)
A higher education provider commits an offence of strict liability if the provider contravenes this section.
Penalty: 60 penalty units.
History
S 166-30 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
.