Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-1 - HIGHER EDUCATION PROVIDERS  

Division 19 - What are the quality and accountability requirements?  

Subdivision 19-E - The compliance requirements  

SECTION 19-80   Compliance assurance  

19-80(1)  

The Minister may require a higher education provider to be audited as to compliance with any one or more of the following requirements:

(a)  the *financial viability requirements;

(b)  the *fairness requirements;

(c)  the *compliance requirements;

(d)  the *contribution and fee requirements.

19-80(2)  
The audit must be conducted:

(a)  by a body determined in writing by the Minister; and

(b)  at such time or times, and in such manner, as the Minister requires.

19-80(2A)  

To avoid doubt, if the Minister makes a determination under subsection (2) in relation to *TEQSA, the determination is not a direction for the purposes of subsection 136(2) of the *TEQSA Act.

19-80(3)  
The provider must:

(a)  fully co-operate with the auditing body in the course of its audit; and

(b)  pay to the auditing body any charges payable for such an audit.

19-80(3A)  

A higher education provider contravenes this subsection if the provider:

(a)  is being audited under this section; and

(b)  does not co-operate with the auditing body in the course of its audit.

Civil penalty: 60 penalty units.

19-80(4)  
A determination made under paragraph (2)(a) is not a legislative instrument.