Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 104.4

  (1)   This section applies to a unit of study access to which is provided by * Open Universities Australia during a period ascertained in accordance with the FEE - HELP Guidelines.

  (2)   * Open Universities Australia must determine, for the unit, one or more * fees that are to apply to students to whom Open Universities Australia provides access to the unit during the period.

  (2AA)   In determining more than one * fee under subsection   (2), * Open Universities Australia may have regard to any matters Open Universities Australia considers appropriate, other than matters specified in the FEE - HELP Guidelines as matters to which Open Universities Australia must not have regard.

  (2A)   * Open Universities Australia must not vary a * fee unless Open Universities Australia:

  (a)   does so:

  (i)   before the date ascertained in accordance with the FEE - HELP Guidelines; and

  (ii)   in circumstances specified in the FEE - HELP Guidelines; or

  (b)   does so with the written approval of the Minister.

  (3)   A fee includes any tuition, examination or other fee payable to * Open Universities Australia by those students in relation to the unit.

  (4)   A fee does not include a fee:

  (a)   payable in respect of an organisation of students, or of students and other persons; or

  (b)   payable in respect of the provision to students of amenities or services that are not of an academic nature; or

  (c)   payable in respect of residential accommodation.

Census date

  (5)   * Open Universities Australia must set a particular date to be the * census date for the unit for the period.

  (5A)   * Open Universities Australia must not vary a * census date unless Open Universities Australia:

  (a)   does so:

  (i)   before the date ascertained in accordance with the FEE - HELP Guidelines; and

  (ii)   in circumstances specified in the FEE - HELP Guidelines; or

  (b)   does so with the written approval of the Minister.

Consequence of failure to set tuition fees and census date

  (6)   If * Open Universities Australia does not:

  (a)   determine a * fee in accordance with subsection   (2) for the unit for the period; or

  (b)   determine a * census date in accordance with subsection   (5) for the unit for the period;

no student to whom Open Universities Australia provides access to the unit for that period is entitled to * FEE - HELP assistance for the unit.