Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-1A - TUITION PROTECTION  

Division 1 - Preliminary  

SECTION 166-5   Application of this Part  

166-5(1)    
This Part applies to higher education providers other than:

(a)    *Table A providers; or

(b)    providers of a kind prescribed by the Higher Education Provider Guidelines.

166-5(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.

166-5(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.

166-5(3)    
A determination under subsection (2):

(a)    may be made either unconditionally or subject to conditions; and

(b)    may be expressed to be in force indefinitely or for a specified period.

166-5(4)    
A determination made under subsection (2) is not a legislative instrument.

166-5(5)    

Despite subsection (1), sections 166-27 and 166-30 apply to all higher education providers.

Note:

Section 166-27 deals with provider obligations to provide information about replacement courses and section 166-30 deals with obligations of providers who provide replacement courses.

166-5(5)    

Despite subsection (1), sections 166-27 , 166-30 and 166-32 apply to all higher education providers.

Note:

Section 166-27 deals with provider obligations to provide information about replacement courses, section 166-30 deals with obligations of providers who provide replacement courses and section 166-32 deals with the requirement of providers who provide replacement courses to keep up-to-date enrolment information.