Part 3, Division 2, Section 26A · Tertiary Education Quality and Standards Agency Act 2011

Contents

26ACondition—compliance with the tuition protection requirements#

(1)This section applies to a registered higher education provider if Part 5A applies to the provider.

(2)The provider must comply with the tuition protection requirements.

(3)The tuition protection requirements are:

(a)the requirements set out in this section, Part 5A and the Up-front Payments Guidelines; and

(b)the requirements set out in the Up-front Payments Guidelines for the purposes of this paragraph.

(4)The provider must pay the following when it is due and payable by the provider:

(a)up-front payments tuition protection levy;

(b)any penalty for late payment of up-front payments tuition protection levy.

Note 1: Up-front payments tuition protection levy is imposed by the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020.

Note 2: An amount equal to each amount of up-front payments tuition protection levy received from a registered higher education provider is credited to the Higher Education Tuition Protection Fund: see paragraph 167-5(aa) of the Higher Education Support Act 2003.

Note 3: The Higher Education Tuition Protection Fund Advisory Board advises the Higher Education Tuition Protection Director in relation to certain components of the up-front payments tuition protection levy: see paragraph 167-35(1)(b) of the Higher Education Support Act 2003.

(5)The Up-front Payments Guidelines may make provision for, or in relation to, all or any of the following matters:

(a)the issue of notices setting out the amount of up-front payments tuition protection levy payable by a provider;

(b)when up-front payments tuition protection levy is due and payable;

(c)the issue of notices extending the time for payment of up-front payments tuition protection levy;

(d)penalties for late payment of up-front payments tuition protection levy;

(e)to whom up-front payments tuition protection levy and any penalties for late payment are payable;

(f)the refund, remission or waiver of up-front payments tuition protection levy or penalties for late payment;

(g)the review of decisions made under the Up-front Payments Guidelines in relation to the collection or recovery of up-front payments tuition protection levy;

(h)any other matters relating to the collection or recovery of up-front payments tuition protection levy.

(6)The Up-front Payments Guidelines may, for the purposes of paragraph 167-10(1)(b) of the Higher Education Support Act 2003, make provision for, or in relation to, payments made in connection with the tuition protection requirements, including in relation to the following:

(a)the circumstances in which payments may be made;

(b)amounts of different kinds of payments;

(c)methods for calculating different kinds of payments.

Note: For example, the Up-front Payments Guidelines may provide that a provider of a replacement course may receive a transfer payment if a student accepts an offer of a replacement course with the provider.

Information and documents related to tuition protection

(7)The Up-front Payments Guidelines may specify either or both of the following:

(a)information or documents that a registered higher education provider must keep records of for the purposes of the tuition protection requirements;

(b)information or documents that a registered higher education provider must give to the Secretary in accordance with subsection (8).

(8)The information and documents mentioned in paragraph (7)(b) must be given to the Secretary:

(a)within the period specified by the Secretary; and

(b)in the manner and form approved by the Secretary.

(9)Without limiting subsection (7), the information and documents may relate to one or more of the following:

(a)the provider’s domestic students (including information and documents relating to each student’s enrolment, progression in units of study and results);

(b)the provider’s tuition fees, including the amount of any up-front payments received for each domestic student for a unit of study;

(c)identifying information about the provider’s domestic students, including the full names and contact details of the students;

(d)any other matter related to tuition protection under this Act.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.