Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-1A - TUITION PROTECTION  

View history reference

 View history note

 Hide history note

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  

View history reference

 View history note

 Hide history note

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 166-27   Obligations of providers to provide information about replacement courses  

View history reference

166-27(1)    

View history reference

The *Higher Education Tuition Protection Director may, by notice in writing, require a higher education provider to provide such information that the Director reasonably requires to enable the Director to make a decision under subsection 166-26B(2) regarding suitable *replacement courses for a student in relation to whom a provider has *defaulted.

 View history note

 Hide history note

History

S 166-27(1) amended by No 101 of 2020, s 3 and Sch 2 item 91, by substituting " subsection 166-26B(2) " for " subsection 166-25(1) " , applicable in relation to provider defaults that occur on or after 1 January 2021.

S 166-27(1) amended by No 101 of 2020, s 3 and Sch 2 item 7, by substituting " *Higher Education Tuition Protection Director " for " *HELP Tuition Protection Director " , effective 1 January 2021.

166-27(2)    
The information must be provided:

(a)    

View history reference

in a form (if any) approved by the *Higher Education Tuition Protection Director for the information; and

(b)    in accordance with such other requirements as the Director makes.

 View history note

 Hide history note

History

S 166-27(2) amended by No 101 of 2020, s 3 and Sch 2 item 8, by substituting " *Higher Education Tuition Protection Director " for " *HELP Tuition Protection Director " in para (a), effective 1 January 2021.

Civil penalty

166-27(3)    
A higher education provider contravenes this subsection if:

(a)    the provider is given a notice under subsection (1); and

(b)    the provider fails to comply with the notice.

Civil penalty: 60 penalty units.

Offence

166-27(4)    
A higher education provider commits an offence of strict liability if:

(a)    the provider is given a notice under subsection (1); and

(b)    the provider fails to comply with the notice.

Penalty: 60 penalty units.

 View history note

 Hide history note

History

S 166-27 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 .

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.