Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_18:p7
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 18 (pt 7/19)
Character Range: 472594–475397

of the provider *defaulting in relation to one or more students;
 (b) whether the provider is financially viable and likely to remain financially viable;
 (c) any non‑compliance, or risk of future non‑compliance, with this Act or legislative instruments made under this Act;
 (d) any advice given to the Minister by the *Secretary, *TEQSA or the *Higher Education Tuition Protection Director in relation to any of the matters referred to in paragraphs (a) to (c);
 (e) any other matter the Minister considers appropriate.
 (3) A determination under subsection (2):
 (a) may be made either unconditionally or subject to conditions; and
 (b) may be expressed to be in force indefinitely or for a specified period.
 (4) A determination made under subsection (2) is not a legislative instrument.
 (5) Despite subsection (1), sections 166‑27, 166‑30 and 166‑32 apply to all higher education providers.
Note: Section 166‑27 deals with provider obligations to provide information about replacement courses, section 166‑30 deals with obligations of providers who provide replacement courses and section 166‑32 deals with the requirement of providers who provide replacement courses to keep up‑to‑date enrolment information.

166‑10  When a higher education provider defaults in relation to a student
 (1) A higher education provider defaults in relation to a student if:
 (a) the provider fails to start to provide a unit of study to the student on the day on which the unit was scheduled to start; and
 (b) the student has not withdrawn before that day; and
 (c) the student was entitled, or would have been entitled, to *FEE‑HELP assistance or *HECS‑HELP assistance for the unit of study.
Note: If the student has made any up‑front payments in relation to the unit of study or any other affected units of the original course the provider may also have defaulted in relation to the student under the TEQSA Act: see section 62C of that Act.
 (2) A higher education provider defaults in relation to a student if:
 (a) the provider ceases to provide a unit of study to the student on a day after the unit starts but before it is completed; and
 (b) the student has not withdrawn before that day; and
 (c) the student was entitled, or would have been entitled, to *FEE‑HELP assistance or *HECS‑HELP assistance for the unit of study.
 (3) A higher education provider defaults in relation to a student if circumstances prescribed by the Higher Education Provider Guidelines apply in relation to the provider and the student.

Division 2—Obligations when a provider defaults in relation to a student

166‑15  Higher education providers must give notice of default to Higher Education Tuition Protection Director

Application of section
 (1) This section applies if a higher education provider *defaults in relation to