Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_18:p16
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 18 (pt 16/19)
Character Range: 496179–499145

give a written notice to the provider stating that an amount equal to the amounts of *FEE‑HELP assistance or *HECS‑HELP assistance that the student received for the *affected unit will be *re‑credited to the student's *HELP balance.

166‑40  Other tuition protection information must be provided
 (1) This section applies to a higher education provider if:
 (a) the *Higher Education Tuition Protection Director believes on reasonable grounds that the provider has information relevant to the Director's functions under this Act; and
 (b) the Director, by written notice given to the provider, requests the provider to give the Director the information:
 (i) within the period (not shorter than 14 days after the notice is given) specified in the notice; and
 (ii) in the manner specified in the notice.
 (2) The provider must comply with the notice within the period specified in the notice.

Civil penalty
 (3) A higher education provider is liable to a civil penalty if the provider contravenes subsection (2).
Civil penalty: 60 penalty units.

Offence
 (4) A higher education provider commits an offence of strict liability if the provider contravenes subsection (2).
Penalty: 60 penalty units.

166‑45  Continuing application of Part to certain persons
 (1) This Part continues to apply in relation to a person that was a higher education provider as if the person were still a higher education provider.
 (2) Subsection (1) applies for the purposes of dealing with or resolving any matter that arose during, or that relates to, the period when the person was a higher education provider.

Part 5‑1B—Higher Education Tuition Protection Fund, Higher Education Tuition Protection Director and Higher Education Tuition Protection Fund Advisory Board

Division 1—Higher Education Tuition Protection Fund

167‑1  Name of Fund
 (1) The HELP Tuition Protection Fund is continued in existence with the new name *Higher Education Tuition Protection Fund.
 (2) The *Higher Education Tuition Protection Fund is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

167‑5  Credits to the Higher Education Tuition Protection Fund
  There must be credited to the *Higher Education Tuition Protection Fund amounts equal to the following:
 (a) each amount of *HELP tuition protection levy received from a higher education provider;
 (aa) each amount of *up‑front payments tuition protection levy received from a *registered higher education provider;
 (b) each amount paid by a higher education provider to the Commonwealth under subsection 36‑24A(2), or subsection 110‑5(1) because of re‑crediting under section 104‑42, if the balance of the Fund had previously been reduced under paragraph 167‑10(1)(g) in relation to that amount;
 (ba) each amount paid by a *registered higher education provider to the *Higher Education Tuition Protection Director under subsection 62L(2) of the *TEQSA Act;
 (c) any other money appropriated