Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 33.37

  (1)   A higher education provider's * total basic grant amount for a year is reduced by an adjustment in respect of the year if, on one or more occasions during the year, the provider breaches a condition imposed under section   19 - 37.

  (2)   The adjustment under subsection   (1) is an amount worked out using the formula:

where:

"reduction amount" is $100.

Note:   The reduction amount is indexed under Part   5 - 6.

"total places provided" is the sum of the following:

  (a)   the * number of Commonwealth supported places that the higher education provider has provided in respect of * non - grandfathered students for the year;

  (b)   the number of Commonwealth supported places that the higher education provider has provided in respect of * grandfathered students for the year.

  (3)   This section does not apply in relation to a breach of a condition imposed under section   19 - 37 by a higher education provider if:

  (a)   the breach consists of requiring a person to pay money to the provider or another entity; and

  (b)   as a result of the requirement, the person paid money to the provider or other entity; and

  (c)   the Minister has given a written notice to the provider under subsection   (4); and

  (d)   the provider or other entity repays the money to the person within 28 days after the Minister gave the notice to the provider.

  (4)   If the Minister becomes aware that:

  (a)   a higher education provider has breached a condition imposed under section   19 - 37; and

  (b)   the breach consists of requiring a person to pay money to the provider or another entity;

the Minister must give to the provider a written notice:

  (c)   requiring repayment, within 28 days after the notice is given, of any money paid to the provider or any other entity as a result of the requirement; and

  (d)   stating that failure to repay any such money within that period will result in a reduction under this section of the provider's * total basic grant amount for the year in question.

The notice may relate to more than one breach.

  (5)   A failure by the Minister to give a notice under subsection   (4) in relation to a breach of a condition imposed under section   19 - 37 does not prevent this section from applying in relation to the breach.

  (6)   This section does not apply more than once in relation to a higher education provider's * total basic grant amount for a year.