Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_11:p10
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 10/35)
Character Range: 77312–80092

for students undertaking the unit of study or *course of study, or *accelerator program course.
Civil penalty: 60 penalty units.
 (3) For the purposes of this section, cold‑calling includes making unsolicited contact with a person:
 (a) in person; or
 (b) by telephone, email or other form of electronic communication.
 (4) The Higher Education Provider Guidelines may set out conduct that is taken to be cold‑calling for the purposes of this section.

19‑36C  Use of third party contact lists
 (1) This section applies if a higher education provider:
 (a) receives a person's contact details from another person; and
 (b) contacts the student:
 (i) to market, advertise or promote a unit of study or a *course of study, or enrol the student in a unit of study or course of study; or
 (ii) to market, advertise or promote an *accelerator program course, or enrol the student in an accelerator program course.
 (2) The higher education provider must not mention the possible availability of assistance payable under Chapter 3 for students undertaking the unit of study or *course of study, or *accelerator program course.
Civil penalty: 60 penalty units.
 (3) Subsection (2) does not apply in circumstances specified in the Higher Education Provider Guidelines.

19‑36D  Other marketing requirements
 (1) The Higher Education Provider Guidelines may set out requirements in relation to the marketing of courses in circumstances where assistance may be payable by the Commonwealth under Chapter 3.
 (2) A higher education provider contravenes this subsection if the provider:
 (a) is subject to a requirement under subsection (1); and
 (b) fails to comply with the requirement.
Civil penalty: 60 penalty units.

19‑36E  Requirements relating to requests for Commonwealth assistance
  A higher education provider must not complete any part of a *request for Commonwealth assistance that a student is required to complete.
Civil penalty: 120 penalty units.

19‑37  Requiring membership of certain organisations or payment of certain amounts
 (1) A higher education provider must not:
 (a) require a person to be or to become a member of an organisation of students, or of students and other persons; or
 (b) require a person enrolled with, or seeking to enrol with, the provider to pay to the provider or any other entity an amount in respect of an organisation of students, or of students and other persons;
unless the person has chosen to be or to become a member of the organisation.
 (2) A higher education provider must not require a person enrolled with, or seeking to enrol with, the provider to pay to the provider or any other entity an amount for the provision to students of an amenity, facility or service that is not of an academic nature, unless the person has chosen to