Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  


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)  

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.

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.


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.

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.


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.

A determination made under paragraph (2)(a) is not a legislative instrument.

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