Higher Education Support Act 2003

Chapter 1 - Introduction  

Division 5 - Application of Act to Table C providers  

SECTION 5-1   Application of Act to Table C providers  

General application to Table C providers

5-1(1)    
The provisions of this Act not listed in the table in subsection (2) or in subsection (4) apply to a *Table C provider, the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

Modified application to Table C providers

5-1(2)    

The provisions of this Act listed in the table apply to a *Table C provider in the way set out in the table.

Application of Act to Table C providers
Item	Provision	Application
1	Subdivision 19-C (quality requirements)	Applies to the *Australian branch of the provider. However, *TEQSA may need to assess the overall performance of the provider as it relates to that branch.
2	Subdivision 19-D (fairness requirements)	Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.
2A	Section 19-66A (*tuition protection requirements)	Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.
3	Subdivision 19-F (contribution and fee requirements)	Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.
4	Part 3-3 (FEE-HELP assistance)	Applies to eligible students of the *Australian branch of the provider, but only for units of study in which the students are enrolled at the Australian branch.
5	Part 3-4 (OS-HELP assistance)	Applies to eligible students of the *Australian branch of the provider.
5A	Part 3-5 (SA-HELP assistance)	Applies to eligible students of the *Australian branch of the provider who are enrolled at the Australian branch in a *course of study or *bridging course for overseas-trained professionals.
6	Chapter 4 (Repayment of loans)	Applies to the *Australian branch of the provider and to students undertaking, or students who undertook, units of study at that branch.
7	Part 5-2 (Administrative requirements on higher education providers)	Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.
8	Part 5-3 (Electronic communications)	Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.
9	Part 5-4 (Management of information)	Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.
10	Part 5-5 (Tax file numbers)	Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.
11	Part 5-7 (Review of decisions)	Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

Provisions that do not apply to Table C providers

5-1(3)    
The provisions of this Act listed in subsection (4) do not apply to:

(a)    a *Table C provider; or

(b)    the *Australian branch of the provider; or

(c)    students in their capacity as students of that provider or of that branch.

5-1(4)    

The provisions are as follows:

(a)    Part 2-2 (Commonwealth Grant Scheme);

(aa)    

Part 2-2A (Indigenous student assistance grants);

(b)    Part 2-3 (Other grants);

(c)    

Part 2-4 (Commonwealth scholarships);

(d)    Part 2-5 (Reduction and repayment of grants);

(e)    Part 3-2 (HECS-HELP assistance);

(ea)    

Part 3-7 (STARTUP-HELP assistance);

(f)    

Schedule 1A (VET FEE-HELP Assistance Scheme).