Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a registered higher education provider if Part 5A applies to the provider.
(2) The provider must comply with the tuition protection requirements.
(3) The tuition protection requirements are:
(a) the requirements set out in this section, Part 5A and the Up - front Payments Guidelines; and
(b) the requirements set out in the Up - front Payments Guidelines for the purposes of this paragraph.
(4) The provider must pay the following when it is due and payable by the provider:
(a) up - front payments tuition protection levy;
(b) any penalty for late payment of up - front payments tuition protection levy.
Note 1: Up - front payments tuition protection levy is imposed by the Higher Education (Up - front Payments Tuition Protection Levy) Act 2020 .
Note 2: An amount equal to each amount of up - front payments tuition protection levy received from a registered higher education provider is credited to the Higher Education Tuition Protection Fund: see paragraph 167 - 5(aa) of the Higher Education Support Act 2003 .
Note 3: The Higher Education Tuition Protection Fund Advisory Board advises the Higher Education Tuition Protection Director in relation to certain components of the up - front payments tuition protection levy: see paragraph 167 - 35(1)(b) of the Higher Education Support Act 2003.
(5) The Up - front Payments Guidelines may make provision for, or in relation to, all or any of the following matters:
(a) the issue of notices setting out the amount of up - front payments tuition protection levy payable by a provider;
(b) when up - front payments tuition protection levy is due and payable;
(c) the issue of notices extending the time for payment of up - front payments tuition protection levy;
(d) penalties for late payment of up - front payments tuition protection levy;
(e) to whom up - front payments tuition protection levy and any penalties for late payment are payable;
(f) the refund, remission or waiver of up - front payments tuition protection levy or penalties for late payment;
(g) the review of decisions made under the Up - front Payments Guidelines in relation to the collection or recovery of up - front payments tuition protection levy;
(h) any other matters relating to the collection or recovery of up - front payments tuition protection levy.
(6) The Up - front Payments Guidelines may, for the purposes of paragraph 167 - 10(1)(b) of the Higher Education Support Act 2003 , make provision for, or in relation to, payments made in connection with the tuition protection requirements, 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: For example, the Up - front Payments Guidelines may provide that a provider of a replacement course may receive a transfer payment if a student accepts an offer of a replacement course with the provider.
Information and documents related to tuition protection
(7) The Up - front Payments Guidelines may specify either or both of the following:
(a) information or documents that a registered higher education provider must keep records of for the purposes of the tuition protection requirements;
(b) information or documents that a registered higher education provider must give to the Secretary in accordance with subsection (8).
(8) The information and documents mentioned in paragraph (7)(b) must be given to the Secretary:
(a) within the period specified by the Secretary; and
(b) in the manner and form approved by the Secretary.
(9) Without limiting subsection (7), the information and documents may relate to one or more of the following:
(a) the provider's domestic students (including information and documents relating to each student's enrolment, progression in units of study and results);
(b) the provider's tuition fees, including the amount of any up - front payments received for each domestic student for a unit of study;
(c) identifying information about the provider's domestic students, including the full names and contact details of the students;
(d) any other matter related to tuition protection under this Act.