Higher Education Support Act 2003
View history note
Hide history noteThis 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.
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