Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_18:p18
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 18 (pt 18/19)
Character Range: 501546–504402

for students that make an up‑front payment for a unit of study.
 (2) The Higher Education Provider Guidelines may, for the purposes of paragraph (1)(a), make provision in relation to such payments, including in relation to the following:
 (a) the circumstances in which payments may be made;
 (b) amounts of different kinds of payments;
 (c) methods for calculating different kinds of payments.
Note 1: For example, the Higher Education Provider Guidelines may provide that a replacement provider may receive a transfer payment if a student accepts an offer of a replacement course with the provider.
Note 2: For the purposes of paragraph (1)(b), subsection 26A(6) of the TEQSA Act provides that the Up‑front Payments Guidelines may make provision in relation to the making of payments for the purposes of that paragraph.
 (3) The purposes in subsection (1) do not include paying or discharging any costs, expenses or other obligations associated with services provided to the *Higher Education Tuition Protection Director by any employee or officer of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013).

Division 2—Higher Education Tuition Protection Director

167‑15  Higher Education Tuition Protection Director
 (1) There is to be a *Higher Education Tuition Protection Director.
 (2) The office of *Higher Education Tuition Protection Director is to be held by the person who holds the office of TPS Director under section 54A of the Education Services for Overseas Students Act 2000.
Note: The TPS Director also holds the office of VSL Tuition Protection Director under the VET Student Loans Act 2016.
 (3) The reference in subsection (2) to the person who holds the office of TPS Director includes a reference to a person acting in that office for the time being because of an appointment under section 54K of the Education Services for Overseas Students Act 2000.

167‑20  Functions of the Higher Education Tuition Protection Director
 (1) The *Higher Education Tuition Protection Director has the following functions:
 (a) facilitating and monitoring the placement of students in relation to whom a higher education provider has *defaulted;
 (aa) facilitating and monitoring the placement of students under Part 5A of the *TEQSA Act, in relation to whom a *registered higher education provider has defaulted (within the meaning of that Act);
 (b) paying amounts out of, or reducing the balance of, the *Higher Education Tuition Protection Fund under section 167‑10;
 (c) reporting to the Minister on:
 (i) the operation of Part 5‑1A of this Act and Part 5A of the TEQSA Act (both of which deal with tuition protection); and
 (ii) the financial status of the Higher Education Tuition Protection Fund;
 (d) managing the Higher Education Tuition Protection Fund in a way that ensures that it