Document ID: chunk:federal_register_of_legislation:F2020L01633:clause:1_4:p1
Version: federal_register_of_legislation:F2020L01633
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/5)
Character Range: 2187–5042

4  Chapter 2
    Repeal Chapter 2, substitute:

CHAPTER 2 THE TUITION PROTECTION REQUIREMENTS

     2.1  Purpose and application

     2.1.1 The purpose of this chapter is to set out the tuition protection requirements for the purposes of section 16-30 of the Act. The tuition protection requirements are the requirements set out in Part 5-1A of the Act and these Guidelines.

      Note: The Minister must be satisfied that a body will meet the tuition protection requirements (if applicable) in order to be approved as a higher education provider under paragraph 16-25(1)(c) of the Act.

     2.1.5 For the purposes of paragraph 166-5(1)(b) of the Act, Part 5-1A of the Act does not apply to a provider if the provider is:

       (a)    owned by the Commonwealth, a State or a Territory; or

       (b)    established under one of the following:

       (i) the Technical and Further Education Commission Act 1990 (NSW);
       (ii) the Education and Training Reform Act 2006 (Vic.);
       (iii) the TAFE Queensland Act 2013 (Qld);
       (iv) the Vocational Education and Training Act 1996 (WA);
       (v) the TAFE SA Act 2012 (SA);
       (vi) the Training and Workforce Development Act 2013 (Tas.);
       (vii) the Canberra Institute of Technology Act 1987 (ACT).

2.5  HELP tuition protection levy

     2.5.1 This section is made for the purposes of subsection 19-66A(3) of the Act in relation to the collection or recovery of the HELP tuition protection levy.

Notice of amount of HELP tuition protection levy

     2.5.5 For the purposes of paragraphs 19-66A(3)(a) and (b) of the Act, the Higher Education Tuition Protection Director must give a written notice to each higher education provider who is liable to pay the HELP tuition protection levy, which specifies:

       (a)    the year to which the levy relates;

       (b)    the amount of each component of the provider's levy;

       (c)    the total amount of the provider's levy;

       (d)    an explanation of how each component of the provider's levy was calculated;

       (e)    the day by which the levy is due and payable by the provider, which must be at least 30 days after the day the notice is given; and

       (f)     the method or methods by which the provider must pay the levy.

     2.5.10 A failure to give a higher education provider the notice under paragraph 2.5.5 does not affect the liability of the provider to pay the HELP tuition protection levy.

      Note 1: HELP tuition protection levy is imposed, for a year, on a higher education provider to whom Part 5-1A of the Act applies but does not include a provider covered by subsection 5(1A) of the Higher Education Support (HELP Tuition Protection Levy) Act 2020.

      Note 2: Paragraph 19-66A(2)(a) of the Act requires a higher education provider to pay the HELP tuition protection levy when it