Higher Education Legislation Amendment (2005 Measures No. 4) Act 2005 (158 of 2005)

Schedule 1   Overseas higher education providers

Higher Education Support Act 2003

1   After Division 3

Insert:

Division 5 - Application of Act to Table C providers

5-1 Application of Act to Table C providers

General application to Table C providers

(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

(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, an audit by a *quality auditing body 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.

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.

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 (Protection of personal 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

(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.

(4) The provisions are:

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

(b) Part 2-3 (Other grants);

(c) Part 2-4 (Grants for Commonwealth scholarships);

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

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

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