Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-1 - HIGHER EDUCATION PROVIDERS  

Division 19 - What are the quality and accountability requirements?  

Subdivision 19-D - The fairness requirements  

SECTION 19-37   Requiring membership of certain organisations or payment of certain amounts  

19-37(1)  
A higher education provider must not:


(a) require a person to be or to become a member of an organisation of students, or of students and other persons; or


(b) require a person enrolled with, or seeking to enrol with, the provider to pay to the provider or any other entity an amount in respect of an organisation of students, or of students and other persons;

unless the person has chosen to be or to become a member of the organisation.

19-37(2)  
A higher education provider must not require a person enrolled with, or seeking to enrol with, the provider to pay to the provider or any other entity an amount for the provision to students of an amenity, facility or service that is not of an academic nature, unless the person has chosen to use the amenity, facility or service.

19-37(3)  
Subsection (2) does not apply to an amount that the higher education provider requires the person to pay if the amount is for goods or services that:


(a) are essential for the course of study in which the person is enrolled or seeking to enrol; and


(b) the person has the choice of acquiring from, but does not acquire from, a supplier other than the higher education provider; and


(c) either:


(i) are goods that become the property of the person that are not intended to be consumed during the course of study; or

(ii) consist of food, transport or accommodation associated with provision of field trips in connection with the course of study.

19-37(4)  


Subsection (2) does not apply to a *student services and amenities fee that the higher education provider requires the person to pay.

19-37(5)  


A student services and amenities fee is an amount:


(a) that a higher education provider requires a person enrolled, or seeking to enrol, with the provider to pay for a period starting on or after 1 January 2012 to support the provision to students of amenities and services not of an academic nature, regardless of whether the person chooses to use any of those amenities and services; and


(b) that is determined by the provider in accordance with the Administration Guidelines; and


(c) that is not more than the amount worked out for that period for the person in accordance with those guidelines; and


(d) that is payable on a day determined in accordance with those guidelines; and


(e) that is such that the total of all amounts that are covered by paragraphs (a), (b), (c) and (d) for the same provider and person is not more than $263, for amounts for periods falling wholly or partly within a calendar year starting on or after 1 January 2012.

Note 1:

The Administration Guidelines are made by the Minister under section 238-10 .

Note 2:

The amount of $263 mentioned in subparagraph (5)(e) is indexed under Part 5-6 .

Note 3:

Paragraph 19-102(3)(b) prevents a student services and amenities fee from being a fee as defined in section 19-102 .

19-37(6)  


If a higher education provider determines a *student services and amenities fee, the provider:


(a) must publish, in accordance with the Administration Guidelines:


(i) enough information to enable a person liable to pay the fee to work out the amount of the fee; and

(ii) notice of the day on which the fee is payable; and


(b) must, on request by a person who is or may become liable to pay the fee, inform the person of the amount of the fee and the day on which it is or would be payable.




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