Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-1B - HIGHER EDUCATION TUITION PROTECTION FUND, HIGHER EDUCATION TUITION PROTECTION DIRECTOR AND HIGHER EDUCATION TUITION PROTECTION FUND ADVISORY BOARD  

Division 1 - Higher Education Tuition Protection Fund  

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.

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.

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 ).



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