Document ID: chunk:federal_register_of_legislation:F2022C00103:reg:4:p1
Version: federal_register_of_legislation:F2022C00103
Segment Type: reg
Provision Reference: reg 4 (pt 1/9)
Character Range: 2289–4988

4  Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a)    domestic student;
(b)  tuition fees;
(c) unit of study;
(d) up-front payment.
  In this instrument:
Act means the Tertiary Education Quality and Standards Agency Act 2011.

enabling course means a course of instruction provided to a domestic student for the purpose of enabling the student to undertake a course leading to an Australian higher education award but does not include a course leading to an Australian higher education award.
Higher Education Tuition Protection Director means the person referred to in section 167-15 of the Higher Education Support Act 2003.
Levy Act means the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020.
personal information has the same meaning as in the Privacy Act 1988.
up-front payments tuition protection levy means levy imposed by the Levy Act.

Part 2 - Tuition Protection

Division 1 – Tuition fees
5 Meaning of tuition fees
 (1) This section prescribes other amounts for the purposes of paragraph (c) of the definition of tuition fees in section 5 of the Act.
 (2) Any fee payable for the following matters by a domestic student enrolled with, or applying for enrolment with, the registered higher education provider in a unit of study, are prescribed amounts:
 (a) tuition;
 (b) examination or other type of mandatory assessment;
 (c) an enabling course; and
  (d) granting an Australian higher education award for completion of the course.
 (3) The amount of tuition fees does not include a fee that is:
 (a) payable in respect of an organisation of students, or of students and other persons;
 (b) payable in respect of the provision to students of amenities or services that are not of an academic nature;
 (c) payable in respect of books or equipment;
 (d) payable in respect of residential accommodation;
 (e) payable in respect of studies (other than in respect of an enabling course) that are not required to be undertaken for the purpose of obtaining an Australian higher education award; or
 (f) of a kind that is incidental to studies that may be undertaken with a registered higher education provider if any of the following apply:
 (i) it is a charge for a good or service that is not essential to the Australian course of study;
 (ii) it is a charge for an alternative form, or alternative forms, of access to a good or service that is an essential component of the course but is otherwise made readily available at no additional fee by the provider;
 (iii) it is a charge for an essential good or service that the student has the choice of acquiring from a supplier other than the provider