Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 1 - VET providers  

Division 5A - Civil penalty provisions and enforcement  

Subdivision 5A-A - Civil penalty provisions  

SECTION 39DH   Civil penalty - accepting requests for Commonwealth assistance etc. when student not entitled  

39DH(1)  
A person contravenes this subclause if:


(a) the person is a *VET provider; and


(b) an *appropriate officer of the VET provider is given a *request for Commonwealth assistance by another person (the student ) relating to a *VET unit of study or the *VET course of study of which the unit forms a part; and


(c) the VET provider treats the student as being entitled to *VET FEE-HELP assistance for the unit; and


(d) the student is not so entitled.

Civil penalty: 60 penalty units.

39DH(2)  
A person contravenes this subclause if:


(a) the person is a *VET provider; and


(b) an *appropriate officer of the VET provider is given a form by another person (the student ); and


(c) subclause 88(3A) (about certain students under 18 years old) applies to the student; and


(d) that form is not signed by a *responsible parent of the student; and


(e) that form would have been a *request for Commonwealth assistance relating to:


(i) a *VET unit of study; or

(ii) the *VET course of study of which the unit forms a part;
if it had been signed by a responsible parent of the student; and


(f) the VET provider treats the student as being entitled to *VET FEE-HELP assistance for the unit.

Civil penalty: 60 penalty units.




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