Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-2 - COMMONWEALTH GRANT SCHEME  

Division 33 - How are grant amounts worked out?  

Subdivision 33-C - Adjustments  

SECTION 33-37   Adjustments for breach of section 19-37  

33-37(1)  
A higher education provider's *basic grant amount for the grant year is reduced by an adjustment in respect of the grant year if, on one or more occasions during the grant year, the provider breaches a condition imposed under section 19-37 .

33-37(2)  


The adjustment under subsection (1) is an amount worked out using the formula:


Reduction amount   ×   Total places provided

where:

reduction amount
is $100.

Note:

The reduction amount is indexed under Part 5-6 .

total places allocated
(Repealed by No 104 of 2011)

total places provided
is the total *number of Commonwealth supported places provided by the higher education provider for the grant year.

33-37(3)  
This section does not apply in relation to a breach of a condition imposed under section 19-37 by a higher education provider if:


(a) the breach consists of requiring a person to pay money to the provider or another entity; and


(b) as a result of the requirement, the person paid money to the provider or other entity; and


(c) the Minister has given a written notice to the provider under subsection (4); and


(d) the provider or other entity repays the money to the person within 28 days after the Minister gave the notice to the provider.

33-37(4)  
If the Minister becomes aware that:


(a) a higher education provider has breached a condition imposed under section 19-37 ; and


(b) the breach consists of requiring a person to pay money to the provider or another entity;

the Minister must give to the provider a written notice:


(c) requiring repayment, within 28 days after the notice is given, of any money paid to the provider or any other entity as a result of the requirement; and


(d) stating that failure to repay any such money within that period will result in a reduction under this section of the provider's *basic grant amount for the grant year in question.

The notice may relate to more than one breach.

33-37(5)  
A failure by the Minister to give a notice under subsection (4) in relation to a breach of a condition imposed under section 19-37 does not prevent this section from applying in relation to the breach.

33-37(6)  
This section does not apply more than once in relation to a higher education provider's *basic grant amount for a grant year.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.