Document ID: chunk:federal_register_of_legislation:C2005A00159:clause:1_1
Version: federal_register_of_legislation:C2005A00159
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 1102–2659

1  After section 19‑35
Insert:

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 use the amenity, facility or service.

 (3) Subsection (2) does not apply to an amount that the higher education provider requires the person to pay if the amount is for goods or services that:
 (a) are essential for the course of study in which the person is enrolled or seeking to enrol; and
 (b) the person has the choice of acquiring from, but does not acquire from, a supplier other than the higher education provider; and
 (c) either:
 (i) are goods that become the property of the person that are not intended to be consumed during the course of study; or
 (ii) consist of food, transport or accommodation associated with provision of field trips in connection with the course of study.