Higher Education Support Act 2003

Chapter 5 - Administration

PART 5-3 - ELECTRONIC COMMUNICATIONS

Division 174 - Electronic communications

SECTION 174-5 Guidelines may deal with electronic communications

174-5(1)
The Administration Guidelines may make provision for or in relation to requiring or permitting information or documents to be given by students to higher education providers, or by higher education providers to students, in accordance with particular information technology requirements:

(a) on a particular kind of data storage device; or

(b) by means of a particular kind of electronic communication.

174-5(1A)

View history reference

A higher education provider contravenes this subsection if:

(a) the provider is subject to a requirement under subsection (1); and

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

Civil penalty: 60 penalty units.

View history note

174-5(2)
The Administration Guidelines may make provision for or in relation to requiring, in relation to an electronic communication from a student to a higher education provider:

(a) that the communication contain an electronic signature (however described); or

(b) that the communication contain a unique identification in an electronic form; or

(c) that a particular method be used to identify the originator of the communication and to indicate the originator ' s approval of the information communicated.

174-5(3)
The reference in subsection (1) to giving information includes a reference to anything that is giving information for the purposes of section 9 of the Electronic Transactions Act 1999 .

174-5(4)
In this section:

data storage device
has the same meaning as in the Electronic Transactions Act 1999 .

electronic communication
has the same meaning as in the Electronic Transactions Act 1999 .

information
has the same meaning as in the Electronic Transactions Act 1999 .

information technology requirements
has the same meaning as in the Electronic Transactions Act 1999 .

View history note

History

S 174-5 substituted for s 174-5, 174-10, 174-15, 174-20 and 174-25 by No 121 of 2006, s 3 and Sch 7 item 1, effective 4 November 2006. S 174-5 formerly read:

SECTION 174-5 Electronic communications from students to higher education providers
174-5(1)
If:

(a) a provision of this Act requires or permits a document, notice, request or other form (the document ) that is to be given by a student to a higher education provider; and

(b) the student gives the document to the provider by *electronic communication using an *information system in respect of which:

(i) there is a declaration by the provider under subsection (2); and

(ii) there is a declaration by the Minister under subsection (3);

the student complies with the provision so far as it requires or permits the student to give the document to the provider.

174-5(2)
A higher education provider may declare, in writing given to the Minister, that a specified *information system may be used by any student to give to the provider a document permitted or required by this Act to be given by the student to the provider.

174-5(3)
The Minister may declare, in writing given to a higher education provider, that an *information system declared by the provider under subsection (2) meets the Administration Guidelines referred to in subsection (4).

174-5(4)
The Administration Guidelines may set out the requirements relating to *information systems that may be used by students to give to higher education providers documents that, under this Act, they are required or permitted to be given to higher education providers.

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