Education Legislation Amendment (Tuition Protection and Other Measures) Act 2019 (111 of 2019)

Schedule 2   HELP tuition protection

Part 1   Main amendments

Division 1   Amendments

Higher Education Support Act 2003

5   Before section 19-67

Insert:

19-66A Tuition protection requirements

(1) A higher education provider to whom Part 5-1A applies must comply with the *tuition protection requirements.

Note: See section 166-5 for the providers to whom Part 5-1A applies.

Civil penalty: 60 penalty units.

(2) A higher education provider to whom Part 5-1A applies must pay the following when it is due and payable by the provider:

(a) *HELP tuition protection levy;

(b) any penalty for late payment of HELP tuition protection levy.

Note: HELP tuition protection levy is imposed by the Higher Education Support (HELP Tuition Protection Levy) Act 2019. Amounts of levy for a year are either determined before, or indexed on, 1 August in the year: see sections 9 and 10 of that Act.

(3) The Higher Education Provider Guidelines may make provision for, or in relation to, all or any of the following matters:

(a) the issue of notices setting out the amount of *HELP tuition protection levy payable by a provider;

(b) when HELP tuition protection levy is due and payable;

(c) the issue of notices extending the time for payment of HELP tuition protection levy;

(d) penalties for late payment of HELP tuition protection levy;

(e) to whom HELP tuition protection levy and any penalties for late payment are payable;

(f) the refund, remission or waiver of HELP tuition protection levy or penalties for late payment;

(g) the review of decisions made under the Higher Education Provider Guidelines in relation to the collection or recovery of HELP tuition protection levy;

(h) any other matters relating to the collection or recovery of HELP tuition protection levy.