Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc

PART 2-1 - HIGHER EDUCATION PROVIDERS

Division 19 - What are the quality and accountability requirements?

Subdivision 19-D - The fairness requirements

SECTION 19-40 Higher education provider may make application in relation to transitional arrangements for student led organisations

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19-40(1)

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The Secretary may, on application under subsection (4) , determine that a *Table A provider:

(a) is not required to allocate an amount to one or more student led organisations, in respect of up to 3 calendar years, that would otherwise be required by section 19-39 to be allocated; or

(b) may allocate an amount specified in the determination to one or more student led organisations, in respect of up to 3 calendar years, being an amount lower than would otherwise be required by section 19-39 to be allocated.

19-40(2)
The Secretary may, on application under subsection (4) , determine that a higher education provider that is not a *Table A provider:

(a) is not required to allocate an amount to one or more student led organisations, in respect of up to 5 calendar years, that would otherwise be required by section 19-39 to be allocated; or

(b) may allocate an amount specified in the determination to one or more student led organisations, in respect of up to 5 calendar years, being an amount lower than would otherwise be required by section 19-39 to be allocated.

19-40(3)

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The Secretary must not make a determination under subsection (1) or (2) unless the Secretary is satisfied:

(a) that unless the Secretary makes the determination, the higher education provider concerned would not be able to maintain key services at an appropriate level for the calendar year or years to which the determination relates; and

(b) that the higher education provider has in place a transition plan that will enable it to comply with section 19-39 after the end of the calendar year or years specified in the determination.

19-40(4)
A higher education provider may make an application under this subsection:

(a) in a form approved by the Secretary; and

(b) in accordance with the requirements that the Secretary determines in writing; and

(c) within the period (if any) specified in the Student Services, Amenities, Representation and Advocacy Guidelines for the purposes of this paragraph.

Note:

The Student Services, Amenities, Representation and Advocacy Guidelines are made by the Minister under section 238-10 .

19-40(5)
A determination made under this section is not a legislative instrument.

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History

S 19-40 inserted by No 108 of 2024, s 3 and Sch 2 item 1, effective 1 January 2025. For transitional provisions, see note under 140-10(1B) .

Former s 19-40 repealed by No 111 of 2019, s 3 and Sch 2 item 4, effective 1 January 2020. S 19-40 formerly read:

SECTION 19-40 Compliance with the tuition assurance requirements
19-40(1)
A higher education provider, other than a *Table A provider or a body declared under subsection (2), must comply with the *tuition assurance requirements.
Civil penalty: 60 penalty units.

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History

S 19-40(1) amended by No 83 of 2017, s 3 and Sch 3 item 11, by inserting civil penalty at the end, applicable in relation to higher education providers approved under section 16-25, whether approved before or after 17 August 2017.

19-40(2)
The Minister may, by declaration in writing, exempt a specified higher education provider from the requirement in subsection (1).

19-40(3)
An exemption:

(a) is subject to such conditions as are specified in the exemption; and

(b) may be expressed to be in force for a period specified in the exemption.

Note:

A body will not be exempt if a condition of the exemption is not complied with.

19-40(4)
An exemption given under this section is not a legislative instrument.

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