Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-2 - ADMINISTRATIVE REQUIREMENTS ON HIGHER EDUCATION PROVIDERS  

Division 169 - Administrative requirements on higher education providers  

SECTION 169-15   Charging student contribution amounts and tuition fees  

169-15(1)  
A higher education provider:


(a) must require any student who:


(i) is a *Commonwealth supported student in relation to a unit of study; and

(ii) is enrolling in the unit with the provider; and

(iii) is not an *exempt student for the unit;
to pay to the provider the student's *student contribution amount for the unit; and


(b) must not require the student to pay any of his or her *tuition fee or any other *fee for the unit.

169-15(1A)  


Despite subsection (1), a higher education provider must not require a student who is enrolling in a unit in circumstances that make it a replacement unit within the meaning of the *tuition assurance requirements to pay to the provider the student's *student contribution amount for the unit.

169-15(2)  
A higher education provider:


(a) must require any *domestic student who:


(i) is not a *Commonwealth supported student in relation to a unit of study; and

(ii) is enrolling in the unit with the provider; and

(iii) is not an *exempt student for the unit;
to pay to the provider the student's *tuition fee for the unit; and


(b) must not require any domestic student to pay any other *fee, or any of his or her *student contribution amount, for the unit.

169-15(2A)  


Despite subsection (2), a higher education provider must not require a domestic student who is enrolling in a unit in circumstances that make it a replacement unit within the meaning of the *tuition assurance requirements to pay to the provider the student's *tuition fee for the unit.

169-15(3)  


However (unless subsection (4) applies), a higher education provider must repay to a person any payment of his or her *student contribution amount or *tuition fee for a unit of study that the person made on or before the *census date for the unit if the person is no longer enrolled in the unit at the end of the census date.
Note:

Other provisions about student contribution amounts and tuition fees are set out in Subdivision 19-F and Parts 2-2 and 3-2 .

169-15(4)  


Subsection (3) does not apply if:


(a) the student is no longer enrolled in the unit at the end of the census date because the provider has ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and


(b) the *tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and


(c) the student chose the option designated under those requirements as course assurance in relation to the unit.




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