Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-1A - TUITION PROTECTION  

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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 - Obligations when a provider defaults in relation to a student  

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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 166-26   Failure to discharge obligations  

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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 .

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History

S 166-26 inserted by No 101 of 2020, s 3 and Sch 2 item 90, applicable in relation to provider defaults that occur on or after 1 January 2021.

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