Education Legislation Amendment (Up-front Payments Tuition Protection) Act 2020 (101 of 2020)

Schedule 1   Amendment of the Tertiary Education Quality and Standards Agency Act 2011

Tertiary Education Quality and Standards Agency Act 2011

15   At the end of Part 7

Add:

Division 5 - Enforcement in relation to tuition protection

131A Monitoring powers

(1) The provisions of Part 5A of this Act are subject to monitoring under Part 2 of the Regulatory Powers Act.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.

(2) Information given in compliance or purported compliance with a provision mentioned in subsection (1) is subject to monitoring under Part 2 of the Regulatory Powers Act.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

(3) For the purposes of Part 2 of the Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

(a) each HESA investigator and authorised officer is an authorised applicant; and

(b) each HESA investigator and authorised officer is an authorised person; and

(c) a judicial officer is an issuing officer; and

(d) for an authorised person who is a HESA investigator, the Secretary is the relevant chief executive; and

(e) for an authorised person who is an authorised officer, the Chief Executive Officer of TEQSA is the relevant chief executive; and

(f) each applicable court is a relevant court.

(4) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions of Part 5A of this Act.

131B Investigation powers

(1) A provision of Part 5A of this Act is subject to investigation under Part 3 of the Regulatory Powers Act if it is:

(a) a civil penalty provision; or

(b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.

(2) For the purposes of Part 3 of the Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

(a) each HESA investigator and authorised officer is an authorised applicant; and

(b) each HESA investigator and authorised officer is an authorised person; and

(c) a judicial officer is an issuing officer; and

(d) for an authorised person who is a HESA investigator, the Secretary is the relevant chief executive; and

(e) for an authorised person who is an authorised officer, the Chief Executive Officer of TEQSA is the relevant chief executive; and

(f) each applicable court is a relevant court.

(3) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to the provisions of Part 5A of this Act.

131C Civil penalty provisions

(1) Each civil penalty provision in Part 5A of this Act is enforceable under Part 4 of the Regulatory Powers Act.

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

(2) For the purposes of Part 4 of the Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

(a) the Higher Education Tuition Protection Director is an authorised applicant; and

(b) each applicable court is a relevant court.

131D Infringement notices

(1) A civil penalty provision under Part 5A of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

(2) For the purposes of Part 5 of the Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1), the Higher Education Tuition Protection Director:

(a) is an infringement officer; and

(b) is the relevant chief executive.

131E Enforceable undertakings

(1) The provisions of Part 5A of this Act are enforceable under Part 6 of the Regulatory Powers Act.

Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

(2) For the purposes of Part 6 of the Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

(a) the Secretary is an authorised person; and

(b) each applicable court is a relevant court.

131F Injunctions

(1) The provisions of Part 5A are enforceable under Part 7 of the Regulatory Powers Act.

Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

(2) For the purposes of Part 7 of the Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

(a) the Secretary is an authorised person; and

(b) each applicable court is a relevant court.