Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p10
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 10/67)
Character Range: 309363–312288

units.

104‑3  Failure by Open Universities Australia to comply with FEE‑HELP Guidelines etc.
 (1) The Minister may determine, by legislative instrument, that there is to be no entitlement to *FEE‑HELP assistance for a specified year for units of study to which access is provided by *Open Universities Australia, if the Minister is satisfied that Open Universities Australia has, during the 2 years immediately preceding the specified year, failed to comply with the FEE‑HELP Guidelines or with subsection (5).
 (2) Without limiting the generality of what may be included in the FEE‑HELP Guidelines, they may include any or all of the following:
 (a) requirements relating to the financial viability of *Open Universities Australia;
 (b) requirements relating to the quality of tuition accessed through Open Universities Australia;
 (c) requirements relating to fairness in the treatment of persons accessing, or seeking to access, tuition through Open Universities Australia;
 (d) requirements relating to compliance with this Act, the regulations and other Guidelines made under this Act;
 (e) requirements relating to *tuition fees for units of study accessed through Open Universities Australia;
 (f) requirements relating to the provision of information to the Commonwealth by Open Universities Australia that is relevant in any way to the provision of *FEE‑HELP assistance to students accessing units of study through Open Universities Australia, or the repayment of the *HELP debts of those students;
 (g) administrative requirements of the kinds imposed on higher education providers under Parts 5.2 and 5.3 of this Act.
 (3) A student is not entitled to *FEE‑HELP assistance for a unit of study if:
 (a) access to the unit is provided by *Open Universities Australia; and
 (b) the Minister has made a determination under subsection (1) in relation to the year during which the unit is accessed; and
 (c) the determination was made before 1 July in the year immediately preceding that year.
 (5) *Open Universities Australia must comply with section 19‑37 as if it were a higher education provider.

104‑4  Failure by Open Universities Australia to set tuition fees and census date
 (1) This section applies to a unit of study access to which is provided by *Open Universities Australia during a period ascertained in accordance with the FEE‑HELP Guidelines.
 (2) *Open Universities Australia must determine, for the unit, one or more *fees that are to apply to students to whom Open Universities Australia provides access to the unit during the period.
 (2AA) In determining more than one *fee under subsection (2), *Open Universities Australia may have regard to any matters Open Universities Australia considers appropriate, other than matters specified in the FEE‑HELP Guidelines as matters to which Open Universities Australia must not have regard.
 (2A) *Open Universities Australia must not vary a *fee unless