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 167-25   Administrative provisions relating to the Higher Education Tuition Protection Director  

167-25(1)  


Each provision of the Education Services for Overseas Students Act 2000 specified in column 1 of an item in the following table applies in relation to the *Higher Education Tuition Protection Director in accordance with columns 2 and 3 of the item.


Administrative provisions relating to the Higher Education Tuition Protection Director
Item Column 1 Column 2 Column 3
This provision of the Education Services for Overseas Students Act 2000 [mldr ] applies in relation to the Higher Education Tuition Protection Director as if the reference in that provision to [mldr ] were a reference to [mldr ]
1 A provision covered by subsection (2) of this section TPS Director Higher Education Tuition Protection Director
2 A provision covered by subsection (2) of this section the regulations the Higher Education Provider Guidelines
3 A provision covered by subsection (2) of this section the Minister the Minister administering this Act
4 A provision covered by subsection (2) of this section the Department the Department administered by the Minister administering this Act

167-25(2)  
This subsection covers the following provisions of the Education Services for Overseas Students Act 2000 :

(a)  section 54C;

(b)  section 54D;

(c)  section 54E;

(d)  section 54F;

(e)  section 54J;

(f)  section 54L;

(g)  section 54N.

167-25(3)  
For the purposes of section 54E of the Education Services for Overseas Students Act 2000 , the Minister administering that Act is taken to have given approval to:

(a)  

the TPS Director to engage in paid employment as the *Higher Education Tuition Protection Director; and

(b)  

the Higher Education Tuition Protection Director to engage in paid employment as the TPS Director.

167-25(4)  
The Minister may terminate the appointment of the TPS Director if:

(a)  

the TPS Director engages, except with the Minister ' s approval, in paid employment outside the duties of his or her office as *Higher Education Tuition Protection Director; or

(b)  

the Higher Education Tuition Protection Director fails, without reasonable excuse, to comply with section 54F of the Education Services for Overseas Students Act 2000 as applied to the Higher Education Tuition Protection Director by item 1 of the table in subsection (1) of this section.

167-25(5)  


The *Higher Education Tuition Protection Director is not personally subject to any liability to any person (other than the Commonwealth) in respect of anything done, or omitted to be done, in good faith in the exercise or performance of the Director ' s powers or functions.

167-25(6)  
In this section:

TPS Director
has the same meaning as in the Education Services for Overseas Students Act 2000 .




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