Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_11:p9
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 9/35)
Character Range: 74713–77567

making decisions about:
 (a) the selection, from among the persons who seek to enrol with the provider in that unit of study, of persons to enrol; and
 (b) the treatment of students undertaking that unit of study.
 (5) A higher education provider that receives any payment under section 128D‑1 on account of amounts of *STARTUP‑HELP assistance for an *accelerator program course must have open, fair and transparent procedures that, in the provider's reasonable view, are based on merit for making decisions about:
 (a) the selection, from among the persons who seek to enrol with the provider in that accelerator program course, of persons to enrol; and
 (b) the selection of students for receipt of STARTUP‑HELP assistance in relation to that accelerator program course; and
 (c) the treatment of students undertaking that accelerator program course.
 (6) Subsections (4) and (5) do not prevent a higher education provider taking into account, in making decisions mentioned in those subsections, educational disadvantages that a particular student has experienced.

19‑36  Misrepresenting assistance under Chapter 3
  A higher education provider must not represent, whether by publishing or otherwise, that assistance payable under Chapter 3:
 (a) is not a loan; or
 (b) does not have to be repaid.
Civil penalty: 240 penalty units.

19‑36A  Offering certain inducements
 (1) A higher education provider must not offer or provide a benefit, or cause a benefit to be offered or provided, if the benefit would be reasonably likely to induce a person to make a *request for Commonwealth assistance in relation to enrolling in a unit of study with the provider.
Civil penalty: 120 penalty units.
 (2) Subsection (1) does not apply in relation to a benefit specified in the Higher Education Provider Guidelines.
 (3) A higher education provider must not offer or provide a benefit, or cause a benefit to be offered or provided, if the benefit would be reasonably likely to induce a person to make a *request for Commonwealth assistance in relation to enrolling in an *accelerator program course with the provider.
Civil penalty: 120 penalty units.
 (4) Subsection (3) does not apply in relation to a benefit specified in the Higher Education Provider Guidelines.

19‑36B  Engaging in cold‑calling
 (1) This section applies if a higher education provider cold‑calls another person to market, advertise or promote a unit of study or a *course of study, or an *accelerator program course.
 (2) The higher education provider must not mention the possible availability of assistance payable under Chapter 3 for students undertaking the unit of study or *course of study, or *accelerator program course.
Civil penalty: 60 penalty units.
 (3) For the purposes of this section, cold‑calling includes making unsolicited contact with a person:
 (a) in person; or
 (b)