Education Legislation Amendment (Provider Integrity and Other Measures) Act 2017 (83 of 2017)

Schedule 3   Amendment of the Higher Education Support Act 2003

Part 1   Amendments

Higher Education Support Act 2003

10   After section 19-35

Insert:

19-36 Misrepresenting assistance under Chapter 3

A higher education provider must not represent, whether by publishing or otherwise, that assistance payable under Chapter 3:

(a) is not a loan; or

(b) does not have to be repaid.

Civil penalty: 240 penalty units.

19-36A Offering certain inducements

(1) A higher education provider must not offer or provide a benefit, or cause a benefit to be offered or provided, if the benefit would be reasonably likely to induce a person to make a *request for Commonwealth assistance in relation to enrolling in a unit of study with the provider.

Civil penalty: 120 penalty units.

(2) Subsection (1) does not apply in relation to a benefit specified in the Higher Education Provider Guidelines.

19-36B Engaging in cold-calling

(1) 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.

(2) The higher education provider must not mention the possible availability of *FEE-HELP assistance for students undertaking the unit of study or *course of study.

Civil penalty: 60 penalty units.

(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.

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

19-36C Use of third party contact lists

(1) This section applies if a higher education provider:

(a) receives a person's contact details from another person; and

(b) contacts the student to market, advertise or promote a unit of study or a *course of study, or enrol the student in a unit of study or course of study.

(2) The higher education provider must not mention the possible availability of *FEE-HELP assistance for students undertaking the unit of study or *course of study.

Civil penalty: 60 penalty units.

(3) Subsection (2) does not apply in circumstances specified in the Higher Education Provider Guidelines.

19-36D Other marketing requirements

(1) The Higher Education Provider Guidelines may set out requirements in relation to the marketing of courses in circumstances where assistance may be payable by the Commonwealth under Chapter 3.

(2) A higher education provider contravenes this subsection if the provider:

(a) is subject to a requirement under subsection (1); and

(b) fails to comply with the requirement.

Civil penalty: 60 penalty units.

19-36E Requirements relating to requests for Commonwealth assistance

A higher education provider must not complete any part of a *request for Commonwealth assistance that a student is required to complete.

Civil penalty: 120 penalty units.