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

Schedule 2   Amendment of the Higher Education Support Act 2003

Part 3   Other amendments

Higher Education Support Act 2003

97   At the end of Division 2 of Part 5-1A

Add:

166-40 Other tuition protection information must be provided

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

(a) the *Higher Education Tuition Protection Director believes on reasonable grounds that the provider has information relevant to the Director's functions under this Act; and

(b) the Director, by written notice given to the provider, requests the provider to give the Director the information:

(i) within the period (not shorter than 14 days after the notice is given) specified in the notice; and

(ii) in the manner specified in the notice.

(2) The provider must comply with the notice within the period specified in the notice.

Civil penalty

(3) A higher education provider is liable to a civil penalty if the provider contravenes subsection (2).

Civil penalty: 60 penalty units.

Offence

(4) A higher education provider commits an offence of strict liability if the provider contravenes subsection (2).

Penalty: 60 penalty units.

166-45 Continuing application of Part to certain persons

(1) This Part continues to apply in relation to a person that was a higher education provider as if the person were still a higher education provider.

(2) Subsection (1) applies for the purposes of dealing with or resolving any matter that arose during, or that relates to, the period when the person was a higher education provider.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).