Higher Education Support Act 2003

Chapter 5 - Administration  


Division 2 - Obligations when a provider defaults in relation to a student  

SECTION 166-30   Obligations of replacement providers  


This section applies if a student accepts an offer of a place in a *replacement unit or *replacement course.


The higher education provider who provides the *replacement unit or *replacement course must give written notice of the acceptance to the *Higher Education Tuition Protection Director within 14 days of the acceptance.


The higher education provider who provides the *replacement unit or *replacement course must ensure that the student:

(a)  for a replacement course - is granted credits for units of study of the *original course successfully completed by the student; and

(b)  if the student has been charged a *student contribution amount or a *tuition fee for an *affected unit - is not charged a student contribution amount or a tuition fee for the replacement unit or the replacement unit of the replacement course; and

(c)  is enrolled in the replacement unit or replacement course as soon as practicable.

Civil penalty

A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.


A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.

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