Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-8 - REGULATORY POWERS  

SECTION 215-20   Infringement notices  

215-20(1)    
A *civil penalty provision of this Act (other than Schedule 1A ) is subject to an infringement notice under Part 5 of the *Regulatory Powers Act.

Note 1:

Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Note 2:

Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A-B of that Schedule.

215-20(2)    
For the purposes of Part 5 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

(a)    each of the following is an infringement officer:

(i) a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is an SES employee or an acting SES employee;

(ii) a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position;

(iii) an SES employee, or an acting SES employee, in the Department; and

(b)    the relevant chief executive is:

(i) for an infringement notice given by an infringement officer covered by subparagraph (a)(i) or (ii) - the Chief Executive Officer of *TEQSA; or

(ii) for an infringement notice given by an infringement officer covered by subparagraph (a)(iii) - the *Secretary.

215-20(3)    

For the purposes of Part 5 of the *Regulatory Powers Act as it applies in relation to Part 5-1A of this Act, the *Higher Education Tuition Protection Director:

(a)    is an infringement officer; and

(b)    is the relevant chief executive.