Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_18:p9
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 18 (pt 9/19)
Character Range: 477765–480697

provider has defaulted.

Notice requirements
 (3) A notice given under subsection (2) must comply with any requirements prescribed by the Higher Education Provider Guidelines.

Civil penalty
 (4) A higher education provider contravenes this subsection if the provider fails to comply with this section.
Civil penalty: 60 penalty units.

Offence
 (5) A higher education provider commits an offence of strict liability if the provider contravenes this section.
Penalty: 60 penalty units.

166‑25  Obligation on providers in case of default

Application of section
 (1) This section applies if a higher education provider *defaults in relation to a student.

Provider obligations
 (2) The provider must discharge its obligations to the student in accordance with this section, within the period (the provider obligation period) of 14 days after the day the provider *defaulted in relation to the student.
 (3) The provider discharges its obligations to the student if:
 (a) the provider arranges for the student to be offered a place in a suitable *replacement unit or suitable *replacement course and the student accepts the offer in writing; or
 (b) the provider:
 (i) re‑credits the student's *HELP balance in accordance with subsection 97‑42(1) or 104‑42(1) (as the case requires); and
 (ii) pays an amount to the Commonwealth in accordance with subsection 36‑24A(2) or 110‑5(1) (as the case requires).

Suitable replacement units or suitable replacement courses
 (4) The provider must identify whether:
 (a) there are one or more suitable *replacement units or suitable *replacement courses for the student; or
 (b) there is no suitable replacement unit or suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course
 (5) In identifying whether there is a suitable *replacement course, the provider must have regard to the following matters:
 (a) whether the replacement course leads to the same or a comparable qualification as the *original course;
 (b) what credits the student may receive for the units of study of the original course successfully completed by the student;
 (c) whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;
 (d) the location where the replacement course will be primarily delivered;
 (e) whether the student:
 (i) will incur additional fees that are unreasonable; and
 (ii) will be able to attend the course without unreasonable impacts on the student's prior commitments;
 (f) any other matters prescribed by the Higher Education Provider Guidelines.

Matters relating to whether a unit is a suitable replacement unit
 (6) In identifying whether there is a suitable *replacement unit, the provider must have regard to the following matters:
 (a) whether the student will receive credit under the student's *original course for the replacement unit;
 (b) whether the mode of delivery