Document ID: chunk:federal_register_of_legislation:F2020L01633:clause:1_4:p2
Version: federal_register_of_legislation:F2020L01633
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 2/5)
Character Range: 4785–7806

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 is due and payable.

     2.5.15 A notice under paragraph 2.5.5 does not need to be given if the liability to pay the HELP tuition protection levy is waived under paragraph 2.5.30 or paragraph 2.5.35.

Overdue notice

     2.5.20 For the purposes of paragraph 19-66A(3)(a) of the Act, the Higher Education Tuition Protection Director may give a written overdue notice to the higher education provider to comply with a notice issued under paragraph 2.5.5 after the date the HELP tuition protection levy is due and payable.

     2.5.25 The overdue notice must specify:

       (a)    the amount that is still owing;

       (b)    information about consequences of the late payment; and

       (c)    the day the amount must be paid by the higher education provider.

Waiver

     2.5.30 For the purposes of paragraph 19-66A(3)(f) of the Act, liability to pay the HELP tuition protection levy is waived for all higher education providers for the calendar year 2020.

     2.5.35 Liability to pay the HELP tuition protection levy is waived if:

       (a)    the provider's approval is revoked under the Act;

       (b)    the provider's registration is cancelled under the TEQSA Act; or

       (c)    the provider is no longer in operation

     prior to the time the Higher Education Tuition Protection Director issues a notice under paragraph 2.5.5.

Internal review of notice issued under paragraph 2.5.5

     2.5.40 For the purposes of paragraph 19-66A(3)(g) of the Act, a higher education provider may request the Higher Education Tuition Protection Director to reconsider a notice issued under paragraph 2.5.5 in relation to the determination of any components of the HELP tuition protection levy (decision).

     2.5.45 The higher education provider's request must be in writing and given to the Higher Education Tuition Protection Director within 14 days after the day on which the provider received the notice.

     2.5.50 After receiving the request, the Higher Education Tuition Protection Director must reconsider the decision and:

       (a)    confirm the decision;

       (b)    vary the decision; or

       (c)    set the decision aside and substitute a new decision.

     2.5.55 The Higher Education Tuition Protection Director must give the higher education provider written notice of the Director's decision (internal review decision) under paragraph 2.5.50.

     2.5.60 The notice under paragraph 2.5.55:

       (a)    must be given within 7 days after the internal review decision is made;

       (b)    must contain a statement of the reasons for the internal review decision; and

       (c)    if subparagraph 2.5.50(b) or (c) applies, include a new notice under paragraph 2.5.5 with a due date at least 30 days after the date