Document ID: chunk:federal_register_of_legislation:C2020A00101:clause:2_90:p3
Version: federal_register_of_legislation:C2020A00101
Segment Type: clause
Provision Reference: sch 2 cl 90 (pt 3/6)
Character Range: 93778–96649

the affected unit.
 (9) The Higher Education Provider Guidelines may prescribe circumstances in which elections are considered to be consistent or inconsistent for the purposes of subsection (8).

166‑26  Failure to discharge obligations

Civil penalty
 (1) A higher education provider is liable to a civil penalty if:
 (a) the provider *defaults in relation to a student; and
 (b) the provider fails to discharge its obligations to the student in accordance with section 166‑25.
Civil penalty: 60 penalty units.

Offence
 (2) A higher education provider commits an offence of strict liability if:
 (a) the provider *defaults in relation to a student; and
 (b) the provider fails to discharge its obligations to the student in accordance with section 166‑25.
Penalty: 60 penalty units.
 (3) The maximum penalty for each day that an offence under subsection (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (2) is a continuing offence under section 4K of the Crimes Act 1914.

166‑26A  Providers to notify of outcome of discharge of obligations
 (1) A higher education provider that *defaults in relation to a student must give a notice to the *Higher Education Tuition Protection Director within 7 days after the end of the *provider obligation period.
 (2) The notice must include the following:
 (a) whether the provider discharged its obligations to the student in accordance with section 166‑25;
 (b) if the provider arranged a suitable *replacement unit or a suitable *replacement course:
 (i) details of the student; and
 (ii) details of the replacement unit or the replacement course; and
 (iii) evidence of the student's acceptance of an offer of a place in the replacement unit or replacement course;
 (c) if the provider re‑credited the student's *HELP balance and paid an amount to the Commonwealth as referred to in paragraph 166‑25(3)(b):
 (i) details of the student; and
 (ii) details of the amount re‑credited and the amount paid.
 (3) The notice must comply with any requirements prescribed by the Higher Education Provider Guidelines.

Civil penalty
 (4) A higher education provider contravenes this subsection if the provider fails to comply with this section.
Civil penalty: 60 penalty units.

Offence
 (5) A higher education provider commits an offence of strict liability if the provider contravenes this section.
Penalty: 60 penalty units.

166‑26B  Student placement service

Application of section
 (1) This section applies if the *Higher Education Tuition Protection Director determines that:
 (a) a higher education provider has *defaulted in relation to a student; and
 (b) either:
 (i) the provider has failed to discharge its obligations under section 166‑25 to the student by the end of the *provider obligation period; or
 (ii) the provider is unlikely to be able to discharge its