Education Legislation Amendment (Up-front Payments Tuition Protection) Act 2020 (101 of 2020)

Schedule 2   Amendment of the Higher Education Support Act 2003

Part 3   Other amendments

Higher Education Support Act 2003

97   At the end of Division 2 of Part 5-1A


166-40 Other tuition protection information must be provided

(1) This section applies to a higher education provider if:

(a) the *Higher Education Tuition Protection Director believes on reasonable grounds that the provider has information relevant to the Director's functions under this Act; and

(b) the Director, by written notice given to the provider, requests the provider to give the Director the information:

(i) within the period (not shorter than 14 days after the notice is given) specified in the notice; and

(ii) in the manner specified in the notice.

(2) The provider must comply with the notice within the period specified in the notice.

Civil penalty

(3) A higher education provider is liable to a civil penalty if the provider contravenes subsection (2).

Civil penalty: 60 penalty units.


(4) A higher education provider commits an offence of strict liability if the provider contravenes subsection (2).

Penalty: 60 penalty units.

166-45 Continuing application of Part to certain persons

(1) This Part continues to apply in relation to a person that was a higher education provider as if the person were still a higher education provider.

(2) Subsection (1) applies for the purposes of dealing with or resolving any matter that arose during, or that relates to, the period when the person was a higher education provider.