Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_11:p21
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 21/35)
Character Range: 105774–108564

requirements;
 (c) the *compliance requirements;
 (d) the *contribution and fee requirements.
 (2) The audit must be conducted:
 (a) by a body determined in writing by the Minister; and
 (b) at such time or times, and in such manner, as the Minister requires.
 (2A) To avoid doubt, if the Minister makes a determination under subsection (2) in relation to *TEQSA, the determination is not a direction for the purposes of subsection 136(2) of the *TEQSA Act.
 (3) The provider must:
 (a) fully co‑operate with the auditing body in the course of its audit; and
 (b) pay to the auditing body any charges payable for such an audit.
 (3A) A higher education provider contravenes this subsection if the provider:
 (a) is being audited under this section; and
 (b) does not co‑operate with the auditing body in the course of its audit.
Civil penalty: 60 penalty units.
 (4) A determination made under paragraph (2)(a) is not a legislative instrument.

19‑82  Compliance notices

Grounds for giving a compliance notice
 (1) The Minister may give a higher education provider a written notice (a compliance notice) in accordance with this section if the Minister is satisfied that the provider has not complied with, or is aware of information that suggests that the provider may not comply with, one or more of the following:
 (a) this Act or the regulations;
 (b) the Guidelines made under section 238‑10 that apply to the provider;
 (c) a condition imposed on the provider's approval as a higher education provider.

Content of compliance notice
 (2) The compliance notice must:
 (a) set out the name of the provider to which the notice is given; and
 (b) set out brief details of the non‑compliance or possible non‑compliance; and
 (c) specify action that the provider must take, or refrain from taking, in order to address the non‑compliance or possible non‑compliance; and
 (d) specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and
 (e) if the Minister considers it appropriate—specify a reasonable period within which the provider must provide the Minister with evidence that the provider has taken, or refrained from taking, the specified action; and
 (f) in any case—state that a failure to comply with the notice is a breach of a *quality and accountability requirement which may lead to the provider's approval as a higher education provider being suspended or revoked; and
 (g) in any case—set out any other matters specified in the Higher Education Provider Guidelines for the purposes of this paragraph.

Matters that Minister must consider in giving compliance notice
 (3) In deciding whether to give the compliance notice, the Minister must consider all of the following matters:
 (a) whether the non‑compliance or possible