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-E - The compliance requirements  

SECTION 19-80   Compliance assurance - provider (other than Table A provider)  

19-80(1)  
The Minister may require a higher education provider (other than a *Table A provider) to be audited as to compliance with any one or more of the following requirements:


(a) the *financial viability requirements;


(b) the *fairness requirements;


(c) the *compliance requirements;


(d) the *contribution and fee requirements.

19-80(2)  
The audit must be conducted:


(a) by a body determined in writing by the Minister; and


(b) at such time or times, and in such manner, as the Minister requires.

19-80(2A)  


To avoid doubt, if the Minister makes a determination under subsection (2) in relation to *TEQSA, the determination is not a direction for the purposes of subsection 136(2) of the *TEQSA Act.

19-80(3)  
The provider must:


(a) fully co-operate with the auditing body in the course of its audit; and


(b) pay to the auditing body any charges payable for such an audit.

19-80(3A)  


A higher education provider contravenes this subsection if the provider:


(a) is being audited under this section; and


(b) does not co-operate with the auditing body in the course of its audit.

Civil penalty: 60 penalty units.

19-80(4)  
A determination made under paragraph (2)(a) is not a legislative instrument.




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