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 2 - Higher Education Tuition Protection Director  

SECTION 167-20   Functions of the Higher Education Tuition Protection Director  

167-20(1)  


The *Higher Education Tuition Protection Director has the following functions:

(a)  facilitating and monitoring the placement of students in relation to whom a higher education provider has *defaulted;

(aa)  

facilitating and monitoring the placement of students under Part 5A of the *TEQSA Act, in relation to whom a *registered higher education provider has defaulted (within the meaning of that Act);

(b)  

paying amounts out of, or reducing the balance of, the *Higher Education Tuition Protection Fund under section 167-10 ;

(c)  

reporting to the Minister on:

(i) the operation of Part 5-1A of this Act and Part 5A of the TEQSA Act (both of which deal with tuition protection); and

(ii) the financial status of the Higher Education Tuition Protection Fund;

(d)  

managing the Higher Education Tuition Protection Fund in a way that ensures that it is able to meet all its liabilities from time to time;

(e)  

making the legislative instrument each year under section 13 of the Higher Education Support (HELP Tuition Protection Levy) Act 2019 ;

(ea)  

making the legislative instrument each year under section 13 of the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020 ;

(f)  recommending that the Secretary take action against a higher education provider that has defaulted in relation to a student;

(fa)  

recommending that *TEQSA take action against a registered higher education provider that has defaulted in relation to a student (within the meaning of the TEQSA Act);

(g)  any other function conferred by this Act or any other law of the Commonwealth;

(h)  any other function that is incidental or conducive to the performance of the above functions.

167-20(2)  


The *Higher Education Tuition Protection Director has power to do all things necessary or convenient to be done for, or in connection with, the performance of the Director ' s functions.

167-20(3)  


The *Higher Education Tuition Protection Director must, in performing a function, or exercising a power, under this section, have regard to how the performance of that function, or exercise of that power, will affect the *tuition protection requirements under this Act and the tuition protection requirements within the meaning of the *TEQSA Act.



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