Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-2 - COMMONWEALTH GRANT SCHEME  

Division 33 - How are grant amounts worked out?  

Subdivision 33-C - Adjustments  

SECTION 33-37   Adjustments for breach of section 19-37  

33-37(1)    

A higher education provider ' s *total basic grant amount for a year is reduced by an adjustment in respect of the year if, on one or more occasions during the year, the provider breaches a condition imposed under section 19-37 .

33-37(2)    

The adjustment under subsection (1) is an amount worked out using the formula:

Reduction amount   ×   Total places provided

where:

reduction amount
is $100.

Note:

The reduction amount is indexed under Part 5-6 .

total places allocated
(Repealed by No 104 of 2011)

total places provided
is the sum of the following:

(a) the *number of Commonwealth supported places that the higher education provider has provided in respect of *non-grandfathered students for the year;

(b) the number of Commonwealth supported places that the higher education provider has provided in respect of *grandfathered students for the year.

33-37(3)    
This section does not apply in relation to a breach of a condition imposed under section 19-37 by a higher education provider if:

(a) the breach consists of requiring a person to pay money to the provider or another entity; and

(b) as a result of the requirement, the person paid money to the provider or other entity; and

(c) the Minister has given a written notice to the provider under subsection (4); and

(d) the provider or other entity repays the money to the person within 28 days after the Minister gave the notice to the provider.

33-37(4)    
If the Minister becomes aware that:

(a) a higher education provider has breached a condition imposed under section 19-37 ; and

(b) the breach consists of requiring a person to pay money to the provider or another entity;

the Minister must give to the provider a written notice:

(c) requiring repayment, within 28 days after the notice is given, of any money paid to the provider or any other entity as a result of the requirement; and

(d) stating that failure to repay any such money within that period will result in a reduction under this section of the provider ' s *total basic grant amount for the year in question.

The notice may relate to more than one breach.

33-37(5)    
A failure by the Minister to give a notice under subsection (4) in relation to a breach of a condition imposed under section 19-37 does not prevent this section from applying in relation to the breach.

33-37(6)    

This section does not apply more than once in relation to a higher education provider ' s *total basic grant amount for a year.