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 39DI   Civil penalty - failure to advise about requests etc.  

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


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


(b) the VET provider enrols another person (the student ) in a *VET unit of study; and


(c) the student has not already given an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the *VET course of study of which the unit forms a part; and


(d) the student enrols in the unit less than 2 business days before the *census date for the unit; and


(e) before enrolling the student, the VET provider failed to advise the student that the student would not be able to receive *VET FEE-HELP assistance for the unit; and


(f) the student completes, signs and gives an appropriate officer of the VET provider a request for Commonwealth assistance relating to the unit or the VET course of study of which the unit forms a part.

Civil penalty: 60 penalty units.

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


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


(b) the VET provider enrols another person (the student ) in a *VET unit of study; and


(c) the student completes, signs and gives an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the unit or a *VET course of study of which the unit forms a part; and


(d) the request is so given less than 2 business days after the student enrols in the unit; and


(e) either or both of the following subparagraphs applies:


(i) before enrolling the student, the VET provider failed to advise the student that *VET FEE-HELP assistance for the unit can only be received if the request is given at least 2 business days after enrolling;

(ii) the VET provider encouraged the student to give the request so that it would be given less than 2 business days after enrolling.

Civil penalty: 60 penalty units.




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