Higher Education Support Act 2003
Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part 2-4 of the Higher Education Support Act 2003 in respect of the year 2008 or a later year. The heading formerly read:
Chapter 2 - Grants for higher education assistance
This section applies to a unit of study that a higher education provider provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines. 19-90(2)
The provider must determine, for the unit, one or more *fees that are to apply to students who may enrol in the unit during the period.
S 19-90(2) substituted by No 121 of 2006, s 3 and Sch 3 item 3, effective 4 November 2006. 19-90(2) formerly read:
The provider must determine a *fee for the unit that is to apply to all students who may enrol in the unit during the period.
In determining more than one *fee under subsection (2), the provider may have regard to any matters the provider considers appropriate, other than matters specified in the Higher Education Provider Guidelines as matters to which a provider must not have regard.
S 19-90(3) substituted by No 121 of 2006, s 3 and Sch 3 item 3, effective 4 November 2006. No 121 of 2006, s 3 and Sch 3 item 12 contains the following saving provision:
Saving provision relating to substitution of subsection 19-90(3) (determination of different tuition fees for different courses)
If, immediately before subsection 19-90(3) of the Higher Education Support Act 2003 was repealed and substituted, a determination made in accordance with that subsection had effect, the determination is taken to continue in effect as if it had been made in accordance with subsection 19-90(3) of that Act as in force 4 November 2006.
S 19-90(3) formerly read:
However, if the unit can form part of more than one *course of study, the provider may determine under subsection (2) a different *fee for the unit for each such course to apply to students who may enrol in the unit as part of that course.
The provider must not vary a *fee unless the provider:
(a) does so:
(i) before the date ascertained in accordance with the Higher Education Provider Guidelines; and
(ii) in circumstances specified in the Higher Education Provider Guidelines; or
(b) does so with the written approval of the Minister.
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