Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

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History

Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part 2-4 of the Higher Education Support Act 2003 in respect of the year 2008 or a later year. The heading formerly read:

Chapter 2 - Grants for higher education assistance

PART 2-1 - HIGHER EDUCATION PROVIDERS  

Division 19 - What are the quality and accountability requirements?  

Subdivision 19-D - The fairness requirements  

SECTION 19-36B   Engaging in cold-calling  

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19-36B(1)    

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This section applies if a higher education provider cold-calls another person to market, advertise or promote a unit of study or a *course of study, or an *accelerator program course.

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S 19-36B(1) amended by No 36 of 2023, s 3 and Sch 1 item 6, by inserting " , or an *accelerator program course " , effective 29 June 2023.

19-36B(2)    

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The higher education provider must not mention the possible availability of assistance payable under Chapter 3 for students undertaking the unit of study or *course of study, or *accelerator program course.

Civil penalty: 60 penalty units.

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S 19-36B(2) amended by No 36 of 2023, s 3 and Sch 1 item 7, by inserting " , or *accelerator program course " , effective 29 June 2023.

S 19-36B(2) amended by No 55 of 2021, s 3 and Sch 1 item 24, by substituting " assistance payable under Chapter 3 " for " *FEE-HELP assistance " , applicable in relation to cold-calls made on or after 25 June 2021.

19-36B(3)    
For the purposes of this section, cold-calling includes making unsolicited contact with a person:

(a)    in person; or

(b)    by telephone, email or other form of electronic communication.

19-36B(4)    
The Higher Education Provider Guidelines may set out conduct that is taken to be cold-calling for the purposes of this section.

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S 19-36B inserted by No 83 of 2017, s 3 and Sch 3 item 10, applicable on and after 1 January 2018 in relation to higher education providers approved under section 16-25 , whether approved before or after 17 August 2017. No 93 of 2020, s 3 and Sch 4 item 1 provides that this amendment is applicable on and after 1 January 2021 in relation to higher education providers taken to be approved under section 16-5 , whether taken to be approved before, on or after 1 January 2021.

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