Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 1 - VET providers  

Division 5A - Civil penalty provisions and enforcement  

Subdivision 5A-A - Civil penalty provisions  

SECTION 39DH   Civil penalty - accepting requests for Commonwealth assistance etc. when student not entitled  

39DH(1)    
A person contravenes this subclause if:

(a) the person is a *VET provider; and

(b) an *appropriate officer of the VET provider is given a *request for Commonwealth assistance by another person (the student ) relating to a *VET unit of study or the *VET course of study of which the unit forms a part; and

(c) the VET provider treats the student as being entitled to *VET FEE-HELP assistance for the unit; and

(d) the student is not so entitled.

Civil penalty: 60 penalty units.

39DH(2)    
A person contravenes this subclause if:

(a) the person is a *VET provider; and

(b) an *appropriate officer of the VET provider is given a form by another person (the student ); and

(c) subclause 88(3A) (about certain students under 18 years old) applies to the student; and

(d) that form is not signed by a *responsible parent of the student; and

(e) that form would have been a *request for Commonwealth assistance relating to:

(i) a *VET unit of study; or

(ii) the *VET course of study of which the unit forms a part;

if it had been signed by a responsible parent of the student; and

(f) the VET provider treats the student as being entitled to *VET FEE-HELP assistance for the unit.

Civil penalty: 60 penalty units.