Chapter 5
-
Administration
PART 5-1B
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HIGHER EDUCATION TUITION PROTECTION FUND, HIGHER EDUCATION TUITION PROTECTION DIRECTOR AND HIGHER EDUCATION TUITION PROTECTION FUND ADVISORY BOARD
History
Pt 5-1B heading substituted by No 101 of 2020, s 3 and Sch 2 item 11, effective 1 January 2021. The heading formerly read:
PART 5-1B
-
HELP TUITION PROTECTION FUND, HELP TUITION PROTECTION DIRECTOR AND HELP TUITION PROTECTION FUND ADVISORY BOARD
Pt 5-1B inserted by No 111 of 2019, s 3 and Sch 2 item 16, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
Division 1
-
Higher Education Tuition Protection Fund
History
Div 1 heading substituted by No 101 of 2020, s 3 and Sch 2 item 12, effective 1 January 2021. The heading formerly read:
Division 1
-
HELP Tuition Protection Fund
Div 1 inserted by No 111 of 2019, s 3 and Sch 2 item 16, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
SECTION 167-10
Purposes of the Higher Education Tuition Protection Fund
167-10(1)
The purposes of the *Higher Education Tuition Protection Fund are as follows:
(a)
making payments in connection with tuition protection under this Act and the *Higher Education Provider Guidelines;
(b)
making payments in connection with tuition protection under the *TEQSA Act and the *Up-front Payments Guidelines;
(c)
paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the *Higher Education Tuition Protection Director
'
s functions, including in managing the Fund;
(d)
paying any remuneration and allowances payable to the Higher Education Tuition Protection Director;
(e)
paying any remuneration and allowances payable to the members of the *Higher Education Tuition Protection Fund Advisory Board;
(f)
paying any amount that is required or permitted to be repaid;
(g)
reducing the balance of the Fund (and therefore the available appropriation for the Fund) without making a real or notional payment.
Note 1:
See section 80 of the
Public Governance, Performance and Accountability Act 2013
(which deals with special accounts).
Note 2:
Part 5A of the TEQSA Act deals with tuition protection for students that make an up-front payment for a unit of study.
History
S 167-10(1) substituted by No 101 of 2020, s 3 and Sch 2 item 25, effective 1 January 2021. S 167-10(1) formerly read:
167-10(1)
The purposes of the *HELP Tuition Protection Fund are as follows:
(a)
making payments in connection with tuition protection;
(b)
paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the *HELP Tuition Protection Director
'
s functions, including in managing the HELP Tuition Protection Fund;
(c)
paying any remuneration and allowances payable to the HELP Tuition Protection Director;
(d)
paying any remuneration and allowances payable to the members of the *HELP Tuition Protection Fund Advisory Board;
(e)
paying any amount that is required or permitted to be repaid;
(f)
reducing the balance of the Fund (and therefore the available appropriation for the Fund) without making a real or notional payment.
Note:
See section 80 of the
Public Governance, Performance and Accountability Act 2013
(which deals with special accounts).
167-10(2)
The Higher Education Provider Guidelines may, for the purposes of paragraph (1)(a), make provision in relation to such payments, 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 1:
For example, the Higher Education Provider Guidelines may provide that a replacement provider may receive a transfer payment if a student accepts an offer of a replacement course with the provider.
Note 2:
For the purposes of paragraph (1)(b), subsection 26A(6) of the TEQSA Act provides that the Up-front Payments Guidelines may make provision in relation to the making of payments for the purposes of that paragraph.
History
S 167-10(2) amended by No 101 of 2020, s 3 and Sch 2 item 26, by substituting notes 1 and 2 for the note, effective 1 January 2021. The note formerly read:
Note:
For example, the Higher Education Provider Guidelines may provide that a replacement provider may receive a transfer payment if a student accepts an offer of a replacement course with the provider.
167-10(3)
The purposes in subsection (1) do not include paying or discharging any costs, expenses or other obligations associated with services provided to the *Higher Education Tuition Protection Director by any employee or officer of a Commonwealth entity (within the meaning of the
Public Governance, Performance and Accountability Act 2013
).
History
S 167-10(3) amended by No 101 of 2020, s 3 and Sch 2 item 27, by substituting
"
*Higher Education Tuition Protection Director
"
for
"
*HELP Tuition Protection Director
"
, effective 1 January 2021.
History
S 167-10 inserted by No 111 of 2019, s 3 and Sch 2 item 16, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
View history note
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