(1) The Minister may require a higher education provider to be audited as to compliance with any one or more of the following requirements:
(a) the * financial viability requirements;
(b) the * fairness requirements;
(c) the * compliance requirements;
(d) the * contribution and fee requirements.
(2) The audit must be conducted:
(a) by a body determined in writing by the Minister; and
(b) at such time or times, and in such manner, as the Minister requires.
(2A) To avoid doubt, if the Minister makes a determination under subsection (2) in relation to * TEQSA, the determination is not a direction for the purposes of subsection 136(2) of the * TEQSA Act.
(3) The provider must:
(a) fully co - operate with the auditing body in the course of its audit; and
(b) pay to the auditing body any charges payable for such an audit.
(3A) A higher education provider contravenes this subsection if the provider:
(a) is being audited under this section; and
(b) does not co - operate with the auditing body in the course of its audit.
Civil penalty: 60 penalty units.
(4) A determination made under paragraph (2)(a) is not a legislative instrument.