Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_18:p14
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 18 (pt 14/19)
Character Range: 490864–493771

up‑front payments must be consistent
 (9) Despite paragraph (4)(a), if an *up‑front payment was made for any *affected units of the *original course, any elections made under that paragraph in relation to those units must be consistent with any elections made under paragraph 62J(4)(a) of the *TEQSA Act in relation to those units.
Example: A student who is entitled to FEE‑HELP assistance or HECS‑HELP assistance for an affected unit of an original course also makes an up‑front payment for the same affected unit. The student elects, under subparagraph (4)(a)(iii), to have an amount re‑credited to the student's HELP balance. The student must elect to receive a refund of the up‑front payment under subparagraph 62J(4)(a)(iii) of the TEQSA Act in relation to the affected unit.
 (10) The Higher Education Provider Guidelines may prescribe circumstances in which elections are considered to be consistent or inconsistent for the purposes of subsection (9).

166‑27  Obligations of providers to provide information about replacement courses
 (1) The *Higher Education Tuition Protection Director may, by notice in writing, require a higher education provider to provide such information that the Director reasonably requires to enable the Director to make a decision under subsection 166‑26B(2) regarding suitable *replacement courses for a student in relation to whom a provider has *defaulted.
 (2) The information must be provided:
 (a) in a form (if any) approved by the *Higher Education Tuition Protection Director for the information; and
 (b) in accordance with such other requirements as the Director makes.

Civil penalty
 (3) A higher education provider contravenes this subsection if:
 (a) the provider is given a notice under subsection (1); and
 (b) the provider fails to comply with the notice.
Civil penalty: 60 penalty units.

Offence
 (4) A higher education provider commits an offence of strict liability if:
 (a) the provider is given a notice under subsection (1); and
 (b) the provider fails to comply with the notice.
Penalty: 60 penalty units.

166‑30  Obligations of replacement providers
 (1) This section applies if a student accepts an offer of a place in a *replacement unit or *replacement course.
 (2) The higher education provider who provides the *replacement unit or *replacement course must give written notice of the acceptance to the *Higher Education Tuition Protection Director within 14 days of the acceptance.
 (3) The higher education provider who provides the *replacement unit or *replacement course must ensure that the student:
 (a) for a replacement course—is granted credits for units of study of the *original course successfully completed by the student; and
 (b) if the student has been charged a *student contribution amount or a *tuition fee for an *affected unit—is not charged a student contribution amount or a tuition fee for the replacement unit or