Higher Education Support Act 2003
Chapter 5
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Administration
PART 5-1A
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TUITION PROTECTION
A higher education provider is liable to a civil penalty if: (a) the provider *defaults in relation to a student; and (b) the provider fails to discharge its obligations to the student in accordance with section 166-25 .
A higher education provider commits an offence of strict liability if: (a) the provider *defaults in relation to a student; and (b) the provider fails to discharge its obligations to the student in accordance with section 166-25 .
The maximum penalty for each day that an offence under subsection (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Division 2
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Obligations when a provider defaults in relation to a student
SECTION 166-26
Failure to discharge obligations
Civil penalty
166-26(1)
A higher education provider is liable to a civil penalty if: (a) the provider *defaults in relation to a student; and (b) the provider fails to discharge its obligations to the student in accordance with section 166-25 .
Civil penalty: 60 penalty units.
Offence 166-26(2)A higher education provider commits an offence of strict liability if: (a) the provider *defaults in relation to a student; and (b) the provider fails to discharge its obligations to the student in accordance with section 166-25 .
Penalty: 60 penalty units.
166-26(3)The maximum penalty for each day that an offence under subsection (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note:
Subsection (2) is a continuing offence under section 4K of the Crimes Act 1914 .
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