Commonwealth Consolidated Acts

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TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 - SECT 62L

Consequences of payments being made from the Higher Education Tuition Protection Fund

Cessation of claim

  (1)   If:

  (a)   a registered higher education provider defaults in relation to a domestic student; and

  (b)   the Higher Education Tuition Protection Director pays an amount in accordance with section   62K in relation to the student;

the student ceases to have any claim against the provider in respect of the up - front payments made for the affected unit.

Provider must pay back Higher Education Tuition Protection Director

  (2)   Instead, the provider must pay the Higher Education Tuition Protection Director an amount equal to the amount that the Higher Education Tuition Protection Director paid in relation to the student under section   62K.

  (3)   The Higher Education Tuition Protection Director may, on behalf of the Commonwealth, recover that amount from the provider as a debt due to the Commonwealth by action in a court of competent jurisdiction.

Higher Education Tuition Protection Director may enforce security

  (4)   If the provider had granted the Higher Education Tuition Protection Director a charge or other security over any of its assets, the Director may enforce the charge or security in satisfaction, or partial satisfaction, of the debt.



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