Document ID: chunk:federal_register_of_legislation:C2004A01280:clause:3_7:p1
Version: federal_register_of_legislation:C2004A01280
Segment Type: clause
Provision Reference: sch 3 cl 7 (pt 1/2)
Character Range: 11710–14314

7  Sections 19‑100 and 19‑105
Repeal the sections, substitute:

19‑100  Limits on fees for courses of study

  A higher education provider must not charge a person a *fee for a *course of study that exceeds the sum of the person's *tuition fees for all of the units of study undertaken by the person as part of the course.

19‑101  Meaning of student cohort

  A student cohort, in relation to a particular *course of study of which a unit of study forms a part, is the group of all of the students who commence the course in a particular year with a particular higher education provider.

19‑102  Meaning of fee

 (1) A fee includes any tuition, examination or other fee payable to a higher education provider by a person enrolled with, or applying for enrolment with, the provider.

 (2) A fee may also include any fee payable to the provider in respect of the granting of a *higher education award.

 (3) A fee does not include a fee that is:
 (a) payable in respect of an organisation of students, or of students and other persons; or
 (b) payable in respect of the provision to students of amenities or services that are not of an academic nature; or
 (c) payable in respect of residential accommodation; or
 (d) imposed in accordance with the Commonwealth Grant Scheme Guidelines for the imposition of fees in respect of *overseas students; or
 (e) payable in respect of studies (other than an *enabling course) that are not permitted to be undertaken for the purpose of obtaining a *higher education award; or
 (f) determined, in accordance with guidelines issued by the Minister, to be a fee of a kind that:
 (i) is incidental to studies that may be undertaken with a higher education provider; and
 (ii) meets the criteria specified in the Commonwealth Grant Scheme Guidelines; or
 (g) a *student contribution amount payable in respect of a student.

 (4) The definition of fee in this section does not apply for the purposes of sections 104‑50 and 225‑25.

19‑105  Meaning of tuition fee

  A person's tuition fee for a unit of study is:
 (a) if all of the following apply:
 (i) the unit forms part of a *course of study with a higher education provider;
 (ii) the person commenced that *course of study in a particular *student cohort;
 (iii) the provider has determined, in accordance with section 19‑91, a *fee for the unit that applies to students in that cohort;
 (iv) the person satisfies any conditions that apply to the cohort under that section in relation to the fee for the unit;
  the fee determined under that section for the cohort; or
 (b) if paragraph (a) does not apply and