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 19-38   Higher education providers ' expenditure of student services and amenities fees  

19-38(1)  
A higher education provider must not spend an amount paid to the provider as a *student services and amenities fee to support:


(a) a political party; or


(b) the election of a person as a member of:


(i) the legislature of the Commonwealth, a State or a Territory; or

(ii) a local government body.

19-38(2)  
If a higher education provider pays a person or organisation an amount paid to the provider as a *student services and amenities fee, the provider must make the payment on the condition that none of the payment is to be spent by the person or organisation to support:


(a) a political party; or


(b) the election of a person as a member of:


(i) the legislature of the Commonwealth, a State or a Territory; or

(ii) a local government body.

19-38(3)  
A higher education provider must not spend, for a purpose other than that specified in subsection (4), an amount paid to the provider as a *student services and amenities fee.

19-38(4)  
Subsection (3) does not prohibit expenditure for a purpose that relates to the provision of any of the following services:


(a) providing food or drink to students on a campus of the higher education provider;


(b) supporting a sporting or other recreational activity by students;


(c) supporting the administration of a club most of whose members are students;


(d) caring for children of students;


(e) providing legal services to students;


(f) promoting the health or welfare of students;


(g) helping students secure accommodation;


(h) helping students obtain employment or advice on careers;


(i) helping students with their financial affairs;


(j) helping students obtain insurance against personal accidents;


(k) supporting debating by students;


(l) providing libraries and reading rooms (other than those provided for academic purposes) for students;


(m) supporting an artistic activity by students;


(n) supporting the production and dissemination to students of media whose content is provided by students;


(o) helping students develop skills for study, by means other than undertaking *courses of study in which they are enrolled;


(p) advising on matters arising under the higher education provider ' s rules (however described);


(q) advocating students ' interests in matters arising under the higher education provider ' s rules (however described);


(r) giving students information to help them in their orientation;


(s) helping meet the specific needs of *overseas students relating to their welfare, accommodation and employment.

Note:

Examples of expenditure for a purpose that relates to the provision of a service specified in subsection (4) include:

  • (a) expenditure by the higher education provider in directly providing the service; and
  • (b) expenditure by the higher education provider in getting someone else to provide the service or subsidising the provision of the service by someone else; and
  • (c) expenditure by the higher education provider on infrastructure for the provision of the service.
  • 19-38(5)  
    Without limiting who is a child of a person for the purposes of paragraph (4)(d), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .

    19-38(6)  
    To avoid doubt, subsections (1), (2) and (3) apply to an advance made to a higher education provider on account of *SA-HELP assistance in the same way as they apply to an amount paid to the provider as a *student services and amenities fee.

    Note:

    An amount of SA-HELP assistance paid to a provider is an amount paid to the provider as a student services and amenities fee because, under section 128-1 , the SA-HELP assistance is paid to discharge the student ' s liability to pay the fee.

    19-38(7)  
    Subsection (6) does not limit subsection 164-10(2) .

    Note:

    Subsection 164-10(2) applies to an advance on account of an amount the conditions that would apply to payment of the amount.




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