Higher Education Support Act 2003
This Part applies to higher education providers other than: (a) *Table A providers; or (b) providers of a kind prescribed by the Higher Education Provider Guidelines. 166-5(2)
Despite subsection (1), the Minister may, by written notice, determine that this Part: (a) applies to a specified higher education provider; or (b) does not apply to a specified higher education provider;
if the Minister considers it appropriate that this Part applies, or does not apply, to the provider.
In deciding whether it is appropriate that this Part applies, or does not apply, to a specified higher education provider, the Minister must have regard to the following: (a) the risk of the provider *defaulting in relation to one or more students; (b) whether the provider is financially viable and likely to remain financially viable; (c) any non-compliance, or risk of future non-compliance, with this Act or legislative instruments made under this Act; (d) any advice given to the Minister by the *Secretary, *TEQSA or the *Higher Education Tuition Protection Director in relation to any of the matters referred to in paragraphs (a) to (c); (e) any other matter the Minister considers appropriate.
A determination under subsection (2): (a) may be made either unconditionally or subject to conditions; and (b) may be expressed to be in force indefinitely or for a specified period. 166-5(4)
A determination made under subsection (2) is not a legislative instrument. 166-5(5)
Despite subsection (1), sections 166-27 and 166-30 apply to all higher education providers.
Despite subsection (1), sections 166-27 , 166-30 and 166-32 apply to all higher education providers.
Section 166-27 deals with provider obligations to provide information about replacement courses, section 166-30 deals with obligations of providers who provide replacement courses and section 166-32 deals with the requirement of providers who provide replacement courses to keep up-to-date enrolment information.