Document ID: chunk:federal_register_of_legislation:C2021A00014:clause:1_197aa
Version: federal_register_of_legislation:C2021A00014
Segment Type: clause
Provision Reference: sch 1 cl 197AA
Character Range: 15470–16707

197AA  Higher education student records to be provided to TEQSA
 (1) If:
 (a) an entity that is a registered higher education provider has effectively ceased to operate; or
 (b) an entity's registration as a registered higher education provider is cancelled;
TEQSA may, by written notice given to a person who is, or was, an executive officer of the entity, require the person to provide to TEQSA a copy of such of the higher education student records relating to the entity as are specified in the notice within the period specified in the notice.
 (2) The period specified in the notice must be at least 14 days after the notice is given.

Offence
 (3) A person commits an offence if:
 (a) the person is given a notice under subsection (1); and
 (b) the person possesses or controls the higher education student records specified in the notice; and
 (c) the person fails to comply with the notice.
Penalty: 150 penalty units.

Civil penalty
 (4) A person contravenes this subsection if:
 (a) the person is given a notice under subsection (1); and
 (b) the person possesses or controls the higher education student records specified in the notice; and
 (c) the person fails to comply with the notice.
Civil penalty: 300 penalty units.