Commonwealth: Higher Education Support Act 2003 (Cth)

Higher Education Support Act 2003 No. 149, 2003 Compilation No. 97 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 About this compilation This compilation This is a compilation of the Higher Education Support Act 2003 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Introduction Division 1—Preliminary 1‑1 Short title 1‑5 Commencement 1‑10 Identifying defined terms Division 2—Objects 2‑1 Objects of this Act Division 3—Overview of this Act 3‑1 General 3‑5 Grants for higher education assistance etc. (Chapter 2) 3‑10 Assistance to students (Chapter 3) 3‑15 Repayment of loans (Chapter 4) 3‑20 Administration (Chapter 5) 3‑30 VET FEE‑HELP Assistance Scheme (Schedule 1A) Division 5—Application of Act to Table C providers 5‑1 Application of Act to Table C providers Division 6—Schedule 1A 6‑1 Schedule 1A Chapter 2—Grants for higher education assistance etc. Division 8—Introduction 8‑1 What this Chapter is about Part 2‑1—Higher education providers Division 13—Introduction 13‑1 What this Part is about 13‑5 The Higher Education Provider Guidelines Division 16—What is a higher education provider? Subdivision 16‑A—General 16‑1 Meaning of higher education provider 16‑5 When a body becomes or ceases to be a higher education provider Subdivision 16‑B—Which bodies are listed providers? 16‑10 Listed providers 16‑15 Table A providers 16‑20 Table B providers 16‑22 Table C providers Subdivision 16‑C—How are bodies approved as higher education providers? 16‑25 Approval by the Minister 16‑27 Body must be a registered higher education provider 16‑30 The tuition protection requirements 16‑40 Application 16‑45 Minister may seek further information 16‑50 Minister to decide application 16‑55 Approvals are legislative instruments 16‑60 Conditions of approval 16‑65 Minister to cause higher education provider to be notified of change in condition of approval 16‑70 Variation of approval if body's name changes Division 19—What are the quality and accountability requirements? Subdivision 19‑A—General 19‑1 The quality and accountability requirements Subdivision 19‑B—The financial viability requirements 19‑5 Basic requirement 19‑10 Financial information must be provided 19‑12 Minister to have regard to financial information and matters prescribed in Higher Education Guidelines Subdivision 19‑C—The quality requirements 19‑15 Provider must maintain quality Subdivision 19‑D—The fairness requirements 19‑30 Basic requirement 19‑35 Benefits and opportunities must be available equally to all students 19‑36 Misrepresenting assistance under Chapter 3 19‑36A Offering certain inducements 19‑36B Engaging in cold‑calling 19‑36C Use of third party contact lists 19‑36D Other marketing requirements 19‑36E Requirements relating to requests for Commonwealth assistance 19‑37 Requiring membership of certain organisations or payment of certain amounts 19‑38 Higher education providers' expenditure of student services and amenities fees 19‑39 At least 40% of student services and amenities fees must be allocated to student led organisations 19‑40 Higher education provider may make application in relation to transitional arrangements for student led organisations 19‑42 Assessment of students as academically suited 19‑43 Support for students policy 19‑45 Student grievance and review procedures 19‑50 Higher education providers to appoint review officers 19‑55 Review officers not to review own decisions 19‑60 Procedures relating to personal information Subdivision 19‑E—The compliance requirements 19‑65 Basic requirements 19‑66 Higher education provider charge 19‑66A Tuition protection requirements 19‑67 Special requirements for student services, amenities, representation and advocacy in 2012 and later years 19‑70 Provider to provide statement of general information 19‑71 Co‑operation with HESA and TEQSA investigators 19‑72 Providers must keep records 19‑73 Providers must publish information 19‑75 Notice of events that affect provider's ability to comply with conditions of Commonwealth assistance 19‑77 Notice of events affecting accreditation 19‑78 Notice of events significantly affecting TEQSA registration 19‑80 Compliance assurance 19‑82 Compliance notices Subdivision 19‑F—What are the contribution and fee requirements? 19‑85 Basic requirement 19‑87 Determining student contribution amounts for all places in units 19‑90 Determining tuition fees for all students 19‑92 Determining accelerator program course fees for all students 19‑95 Schedules of student contribution amounts for places and tuition fees 19‑97 Schedules of accelerator program course fees 19‑100 Limits on fees for courses of study 19‑102 Meaning of fee 19‑105 Meaning of tuition fee Subdivision 19‑G—The compact and academic freedom requirements 19‑110 Table A providers and Table B providers must enter into mission based compacts 19‑115 Provider to have policy upholding freedom of speech and academic freedom Division 22—When does a body cease to be a higher education provider? Subdivision 22‑A—General 22‑1 Cessation of approval as a provider Subdivision 22‑AA—Revocation of approval if registration ceases or winding up order made 22‑2 Automatic revocation of approval if registration ceases 22‑3 Automatic revocation of approval if winding up order made Subdivision 22‑B—Revocation for cause 22‑5 Revocation of approval if application for approval as a provider is false or misleading 22‑7 Revocation of approval if providing education and/or conducting research ceases to be the body's principal purpose 22‑10 Revocation of approval if status or accreditation changes 22‑15 Revocation of approval as a provider for a breach of conditions or the quality and accountability requirements 22‑17 Revocation of approval as a provider if provider etc. not a fit and proper person Subdivision 22‑C—Process for decisions on revocation under Subdivision 22‑B 22‑20 Process for revoking approval 22‑25 Determination retaining approval as a provider in respect of existing students 22‑30 Suspension of approval as a provider 22‑32 Determination retaining approval as a provider in respect of existing students following suspension of approval Subdivision 22‑D—Revocation of approval on application 22‑40 Revocation of approval as a provider on application Subdivision 22‑E—Notice of approval or revocation ceasing to have effect under the Legislation Act 2003 22‑45 Notice of approval ceasing to have effect under the Legislation Act 2003 22‑50 Notice of revocation ceasing to have effect under the Legislation Act 2003 Part 2‑2—Commonwealth Grant Scheme Division 27—Introduction 27‑1 What this Part is about 27‑5 Commonwealth Grant Scheme Guidelines Division 30—Which higher education providers are eligible for a grant? Subdivision 30‑A—Basic rules 30‑1 Eligibility for grants Subdivision 30‑B—Allocation of places 30‑10 Allocation of places 30‑12 Designated higher education courses 30‑15 Funding clusters 30‑20 National priorities Subdivision 30‑C—Funding agreements 30‑25 Funding agreements 30‑27 Specification of maximum basic grant amounts in funding agreements 30‑28 Funding agreement to be published Division 33—How are grant amounts worked out? Subdivision 33‑A—Basic rule 33‑1 How grant amount is worked out Subdivision 33‑B—Total basic grant amounts 33‑5 Total basic grant amounts 33‑10 Commonwealth contribution amounts and grandfathered Commonwealth contribution amounts 33‑30 Working out the number of Commonwealth supported places provided 33‑35 Funding clusters, or parts of funding clusters, in which units are included Subdivision 33‑C—Adjustments 33‑37 Adjustments for breach of section 19‑37 Subdivision 33‑D—Special purpose advances 33‑40 Advances for certain purposes Division 36—What are the conditions of receiving a grant? Subdivision 36‑A—General 36‑1 Condition of grant to comply with this Division Subdivision 36‑B—Conditions relating to Commonwealth supported students 36‑5 Meaning of Commonwealth supported student 36‑10 Advice on whether a person is a Commonwealth supported student—general 36‑12 Advice on whether a person is a Commonwealth supported student—unreasonable study load 36‑15 Persons not to be advised they are Commonwealth supported 36‑20 Providers to repay amounts—special circumstances 36‑21 Special circumstances 36‑22 Application period 36‑23 Dealing with applications 36‑24A Providers to repay amounts—provider defaults 36‑24B Providers to repay amounts—no tax file numbers 36‑24BA Providers to repay amounts—person's SLE amount re‑credited in special circumstances 36‑24BB Providers to repay amounts—provider completes request for assistance 36‑24BC Providers to repay amounts—person not entitled to assistance 36‑24C Secretary may act if provider is unable to Subdivision 36‑C—Conditions relating to enrolment 36‑25 Continued support for Commonwealth supported students 36‑30 Providers to enrol persons as Commonwealth supported students 36‑40 Providers to cancel enrolments in certain circumstances Subdivision 36‑D—Conditions relating to student contribution amounts 36‑45 Limits on student contribution amounts Subdivision 36‑E—Conditions relating to tuition fees 36‑55 Tuition fees for non‑Commonwealth supported students Subdivision 36‑F—Other conditions 36‑60 Providers to meet the quality and accountability requirements 36‑65 Providers to comply with funding agreement 36‑70 Providers to comply with the Commonwealth Grant Scheme Guidelines Part 2‑2A—Indigenous student assistance grants Division 38—Indigenous student assistance grants 38‑1 What this Part is about 38‑5 Indigenous Student Assistance Grants Guidelines 38‑10 Eligibility for grants under this Part 38‑15 Guidelines may provide for grants 38‑20 Approval of grants 38‑25 Conditions on grants 38‑30 Amounts of grants 38‑35 Amounts payable under this Part 38‑40 Rollover of grant amounts 38‑45 Maximum payments for grants under this Part Part 2‑3—Other grants Division 41—Other grants 41‑1 What this Part is about 41‑5 The Other Grants Guidelines 41‑10 Eligibility for grants under this Part 41‑15 Grants may be paid under programs 41‑20 Approval of grants 41‑25 Conditions on grants 41‑30 Amount of a grant 41‑35 Amounts payable under this Part 41‑40 Rollover of grant amounts 41‑45 Maximum payments for other grants under this Part 41‑95 Alternative constitutional bases Division 42—Australia's Economic Accelerator Subdivision 42‑A—Research commercialisation strategy and investment plan 42‑1 Research commercialisation strategy 42‑5 Investment plan Subdivision 42‑B—Advisory Board 42‑10 Australia's Economic Accelerator Advisory Board 42‑15 Functions of the AEA Advisory Board 42‑20 Annual report 42‑25 Membership of the AEA Advisory Board 42‑30 Appointment of members of the AEA Advisory Board 42‑35 Acting AEA Advisory Board members 42‑40 Remuneration and allowances 42‑45 Leave of absence 42‑50 Disclosure of interests to the Minister 42‑55 Disclosure of interests to the AEA Advisory Board 42‑60 Resignation 42‑65 Termination 42‑70 Other terms and conditions Subdivision 42‑C—Priority managers 42‑75 Priority managers Part 2‑4—Commonwealth scholarships Division 46—Commonwealth scholarships 46‑1 What this Part is about 46‑5 The Commonwealth Scholarships Guidelines 46‑10 Classes of Commonwealth scholarships 46‑13 Eligibility of students to receive directly‑paid standard Commonwealth scholarships 46‑15 Eligibility of higher education providers to receive grants for certain Commonwealth scholarships 46‑20 Other matters relating to Commonwealth scholarships 46‑25 Condition of grants 46‑30 Amounts payable under this Part 46‑35 Rollover of grant amounts 46‑40 Maximum payments for Commonwealth scholarships Part 2‑5—Reduction and repayment of grants Division 51—Introduction 51‑1 What this Part is about Division 54—In what circumstances may a grant be reduced or required to be repaid? 54‑1 Decision as to reduction or repayment of a grant 54‑5 Appropriateness of requiring reduction or repayment of grant Division 57—What is the amount of a reduction or repayment? 57‑1 Reduction in amount of grants 57‑5 Amount of the repayment Division 60—How are decisions reducing a grant or requiring repayment of a grant made? 60‑1 Procedure prior to decision 60‑5 Notification of decision 60‑10 When a decision takes effect Chapter 3—Assistance to students Division 65—Introduction 65‑1 What this Chapter is about Part 3‑1—Student Learning Entitlement Division 70—Introduction 70‑1 What this Part is about 70‑5 The Student Learning Entitlement Guidelines Division 73—Student Learning Entitlement and SLE amount 73‑1 Student Learning Entitlement and SLE amount 73‑5 Ordinary SLE 73‑10 Additional SLE 73‑15 Lifelong SLE 73‑20 Student Learning Entitlement is not transferable 73‑25 Ceasing to be an eligible person Division 76—Reduction of a person's SLE amount 76‑1 Reduction of a person's SLE amount Division 79—Re‑crediting a person's SLE amount Subdivision 79‑A—Re‑crediting a person's SLE amount in special circumstances 79‑1 Re‑crediting a person's SLE amount if special circumstances apply to the person 79‑5 Special circumstances 79‑10 Application period 79‑15 Dealing with applications Subdivision 79‑B—Re‑crediting a person's SLE amount if the person's HELP balance is re‑credited 79‑20 Re‑crediting a person's SLE amount if the person's HELP balance is re‑credited Division 82—Unit of study covered by a person's Student Learning Entitlement 82‑1 Unit of study covered by a person's Student Learning Entitlement—person's SLE amount not exceeded at enrolment 82‑5 Unit of study covered by a person's Student Learning Entitlement—person's SLE amount exceeded at enrolment Part 3‑2—HECS‑HELP assistance Division 87—Introduction 87‑1 What this Part is about 87‑5 The HECS‑HELP Guidelines Division 90—Who is entitled to HECS‑HELP assistance? 90‑1 Entitlement to HECS‑HELP assistance 90‑5 Citizenship or residency requirements Division 93—How are amounts of HECS‑HELP assistance worked out? 93‑1 The amount of HECS‑HELP assistance for a unit of study 93‑5 Student contribution amounts 93‑10 Maximum student contribution amount for a place 93‑15 Up‑front payments 93‑20 Amounts of HECS‑HELP assistance, FEE‑HELP assistance and VET FEE‑HELP assistance must not exceed the HELP balance Division 96—How are amounts of HECS‑HELP assistance paid? 96‑1 Payments to higher education providers 96‑10 Implications for student's liability to higher education provider for student contribution amount Division 97—Re‑crediting of HELP balances in relation to HECS‑HELP assistance 97‑23 Purpose 97‑25 Main case of re‑crediting a person's HELP balance in relation to HECS‑HELP assistance 97‑27 Re‑crediting a person's HELP balance in relation to HECS‑HELP assistance—no tax file number 97‑30 Special circumstances 97‑35 Application period 97‑40 Dealing with applications 97‑42 Re‑crediting a person's HELP balance in relation to HECS‑HELP assistance—provider defaults 97‑45 Re‑crediting a person's HELP balance in relation to HECS‑HELP assistance—provider completes request for assistance 97‑50 Re‑crediting a person's HELP balance in relation to HECS‑HELP assistance—person not entitled to assistance Part 3‑3—FEE‑HELP assistance Division 101—Introduction 101‑1 What this Part is about 101‑5 The FEE‑HELP Guidelines Division 104—Who is entitled to FEE‑HELP assistance? Subdivision 104‑A—Basic rules 104‑1 Entitlement to FEE‑HELP assistance 104‑1AA Student has unreasonable study load 104‑2 Failure by a student to complete previous units accessed through Open Universities Australia 104‑3 Failure by Open Universities Australia to comply with FEE‑HELP Guidelines etc. 104‑4 Failure by Open Universities Australia to set tuition fees and census date 104‑5 Citizenship or residency requirements 104‑10 Course requirements 104‑12 Secretary may act if provider is unable to Subdivision 104‑B—Re‑crediting HELP balances in relation to FEE‑HELP assistance 104‑25 Main case of re‑crediting a person's HELP balance in relation to FEE‑HELP assistance 104‑27 Re‑crediting a person's HELP balance in relation to FEE‑HELP assistance—no tax file number 104‑30 Special circumstances 104‑35 Application period 104‑40 Dealing with applications 104‑42 Re‑crediting a person's HELP balance if provider defaults or person elects re‑crediting 104‑43 Re‑crediting a person's HELP balance in relation to FEE‑HELP assistance if not a genuine student 104‑44 Re‑crediting a person's HELP balance in relation to FEE‑HELP assistance if provider completes request for assistance etc. Subdivision 104‑C—Bridging courses for overseas‑trained professionals 104‑45 Meaning of bridging course for overseas‑trained professionals 104‑50 Assessment statements 104‑55 Meaning of assessing body 104‑60 Meaning of listed professional occupations 104‑65 Occupation includes part of an occupation 104‑70 Requirements for entry to an occupation Division 107—How are amounts of FEE‑HELP assistance worked out? 107‑1 The amount of FEE‑HELP assistance for a unit of study 107‑5 Up‑front payments 107‑10 Amounts of FEE‑HELP assistance, HECS‑HELP assistance and VET FEE‑HELP assistance must not exceed the HELP balance Division 110—How are amounts of FEE‑HELP assistance paid? 110‑1 Payments 110‑5 Effect of HELP balance being re‑credited 110‑10 Implications for student's liability to higher education provider for student tuition fee Part 3‑4—OS‑HELP assistance Division 115—Introduction 115‑1 What this Part is about 115‑5 The OS‑HELP Guidelines Division 118—Who is entitled to OS‑HELP assistance? 118‑1 Entitlement to OS‑HELP assistance 118‑2 Entitlement to supplementary amount for Asian language study 118‑5 Citizenship or residency requirements 118‑7 Prior study requirements 118‑10 Overseas study requirements 118‑12 Student identifier requirements 118‑15 Selection of students for receipt of OS‑HELP assistance and supplementary amounts for Asian language study Division 121—How are amounts of OS‑HELP assistance worked out? 121‑1 The amount of OS‑HELP assistance for a period 121‑5 Maximum OS‑HELP (overseas study) amount 121‑10 Minimum OS‑HELP (overseas study) amount 121‑15 Maximum OS‑HELP (Asian language study) amount 121‑20 Minimum OS‑HELP (Asian language study) amount Division 124—How are amounts of OS‑HELP assistance paid? 124‑1 Amounts of OS‑HELP assistance are lent to students Part 3‑5—SA‑HELP assistance Division 125—Introduction 125‑1 What this Part is about Division 126—Who is entitled to SA‑HELP assistance? 126‑1 Entitlement to SA‑HELP assistance 126‑5 Citizenship or residency requirements 126‑10 Student identifier requirements Division 127—How are amounts of SA‑HELP assistance worked out? 127‑1 The amount of SA‑HELP assistance for a student services and amenities fee Division 128—How are amounts of SA‑HELP assistance paid? 128‑1 Payments to higher education providers of loans to students 128‑5 Repayment by higher education provider if student does not have tax file number Part 3‑6—HELP balances 128‑7 What this Part is about 128‑15 HELP balances 128‑20 HELP loan limit 128‑25 Re‑crediting HELP balance—discharge of HELP debt etc. Part 3‑7—STARTUP‑HELP assistance Division 128A—Introduction 128A‑1 What this Part is about 128A‑5 The STARTUP‑HELP Guidelines Division 128B—Who is entitled to STARTUP‑HELP assistance? 128B‑1 Entitlement to STARTUP‑HELP assistance 128B‑5 No entitlement: multiple courses at same time 128B‑10 No entitlement: not a genuine student 128B‑15 No entitlement: unreasonable study load 128B‑20 No entitlement: overseas campus 128B‑25 Accelerator program course 128B‑30 Citizenship or residency requirements 128B‑35 Selection of students for receipt of STARTUP‑HELP assistance 128B‑40 Allocation of STARTUP‑HELP assistance Division 128C—How are amounts of STARTUP‑HELP assistance worked out? 128C‑1 The amount of STARTUP‑HELP assistance for an accelerator program course 128C‑5 Up‑front payments 128C‑10 Maximum accelerator program course fee Division 128D—How are amounts of STARTUP‑HELP assistance paid? 128D‑1 Payments to higher education providers 128D‑5 Repayment by higher education provider if STARTUP‑HELP assistance is reversed 128D‑10 Implications of reversal for person's liability to higher education provider for accelerator program course fee Division 128E—Reversal of STARTUP‑HELP assistance Subdivision 128E‑A—Reversal in special circumstances 128E‑1 Reversal of STARTUP‑HELP assistance: special circumstances 128E‑5 Special circumstances 128E‑10 Application period 128E‑15 Dealing with applications Subdivision 128E‑B—Reversal in other circumstances 128E‑20 Reversal of STARTUP‑HELP assistance: no tax file number 128E‑25 Reversal of STARTUP‑HELP assistance: higher education provider completes request for assistance 128E‑30 Reversal of STARTUP‑HELP assistance: no entitlement 128E‑35 Reversal of STARTUP‑HELP assistance: no assessment of whether academically suited 128E‑40 Reversal of STARTUP‑HELP assistance: material non‑compliance Chapter 4—Repayment of loans Division 129—Introduction 129‑1 What this Chapter is about Part 4‑1—Indebtedness Division 134—Introduction 134‑1 What this Part is about 134‑5 HELP Debtor Guidelines Division 137—How do HELP debts arise? 137‑1 HELP debts 137‑5 HECS‑HELP debts 137‑10 FEE‑HELP debts 137‑15 OS‑HELP debts 137‑16 SA‑HELP debts 137‑17 STARTUP‑HELP debts 137‑18 VET FEE‑HELP debts 137‑19 Pre‑1 July 2019 VSL debts 137‑20 HELP debt discharged by death Division 140—How are accumulated HELP debts worked out? Subdivision 140‑A—Outline of this Division 140‑1 Outline of this Division Subdivision 140‑B—Former accumulated HELP debts 140‑5 Working out a former accumulated HELP debt 140‑10 HELP debt indexation factor 140‑20 Publishing HELP debt indexation factors Subdivision 140‑C—Accumulated HELP debts 140‑25 Working out an accumulated HELP debt 140‑30 Rounding of amounts 140‑35 Accumulated HELP debt discharges earlier debts 140‑40 Accumulated HELP debt discharged by death Division 142—Special measures for location‑preferred HELP debtors—teachers 142‑1 Meaning of location‑preferred HELP debtor (teacher) 142‑5 Meaning of course of study in education 142‑10 Reducing indexation of accumulated HELP debts 142‑15 Reducing accumulated HELP debts 142‑20 Refunding amounts Division 144—Special measures for location‑preferred HELP debtors—health practitioners 144‑1 Meaning of location‑preferred HELP debtor (health practitioner) 144‑5 Reducing indexation of accumulated HELP debts 144‑10 Reducing accumulated HELP debts 144‑15 Refunding amounts 144‑20 Reviews of this Division Part 4‑2—Discharge of indebtedness Division 148—Introduction 148‑1 What this Part is about 148‑3 The Overseas Debtors Repayment Guidelines Division 151—How is indebtedness voluntarily discharged? 151‑1 Voluntary repayments in respect of debts 151‑10 Application of voluntary repayments 151‑15 Refunding of payments Division 154—How is indebtedness compulsorily discharged? Subdivision 154‑A—Liability to repay amounts 154‑1 Liability to repay amounts 154‑5 Repayment income 154‑10 Minimum repayment income 154‑15 Repayable debt for an income year Subdivision 154‑AA—Liability of overseas debtors to repay amounts 154‑16 Liability of overseas debtors to repay amounts 154‑17 Assessed worldwide income 154‑18 Notices to be given to the Commissioner Subdivision 154‑B—Amounts payable to the Commonwealth 154‑20 Amounts payable to the Commonwealth 154‑25 Indexation 154‑30 Publishing indexed amounts 154‑32 Amounts payable to the Commonwealth by overseas debtors Subdivision 154‑C—Assessments 154‑35 Commissioner may make assessments 154‑40 Notification of notices of assessment of tax 154‑45 Commissioner may defer making assessments 154‑50 Commissioner may amend assessments 154‑55 Higher education providers etc. to provide information to Commissioner Subdivision 154‑D—Application of tax legislation 154‑60 Returns, assessments, collection and recovery 154‑65 Charges and civil penalties for failing to meet obligations 154‑70 Pay as you go (PAYG) withholding 154‑80 Pay as you go (PAYG) instalments 154‑90 Failures to comply with section 154‑18 Chapter 5—Administration Division 159—Introduction 159‑1 What this Chapter is about 159‑5 The Administration Guidelines Part 5‑1—Payments by the Commonwealth Division 164—Payments by the Commonwealth 164‑1 What this Part is about 164‑5 Time and manner of payments 164‑10 Advances 164‑15 Overpayments of Commonwealth grants 164‑17 Overpayments of Commonwealth scholarships to students 164‑18 Repayment of Commonwealth scholarships paid to students—breach of condition 164‑20 Rounding of amounts Part 5‑1A—Tuition protection Division 1—Preliminary 166‑1 What this Part is about 166‑5 Application of this Part 166‑10 When a higher education provider defaults in relation to a student Division 2—Obligations when a provider defaults in relation to a student 166‑15 Higher education providers must give notice of default to Higher Education Tuition Protection Director 166‑20 Higher education providers must give notice of default to affected students 166‑25 Obligation on providers in case of default 166‑26 Failure to discharge obligations 166‑26A Providers to notify of outcome of discharge of obligations 166‑26B Student placement service 166‑27 Obligations of providers to provide information about replacement courses 166‑30 Obligations of replacement providers 166‑32 Obligations of replacement providers regarding enrolment information 166‑35 Notification obligations where there is no replacement course or student elects re‑crediting 166‑40 Other tuition protection information must be provided 166‑45 Continuing application of Part to certain persons Part 5‑1B—Higher Education Tuition Protection Fund, Higher Education Tuition Protection Director and Higher Education Tuition Protection Fund Advisory Board Division 1—Higher Education Tuition Protection Fund 167‑1 Name of Fund 167‑5 Credits to the Higher Education Tuition Protection Fund 167‑10 Purposes of the Higher Education Tuition Protection Fund Division 2—Higher Education Tuition Protection Director 167‑15 Higher Education Tuition Protection Director 167‑20 Functions of the Higher Education Tuition Protection Director 167‑25 Administrative provisions relating to the Higher Education Tuition Protection Director Division 3—Higher Education Tuition Protection Fund Advisory Board 167‑30 Establishment and membership 167‑35 Function of the Higher Education Tuition Protection Fund Advisory Board 167‑40 Administrative provisions relating to the Higher Education Tuition Protection Fund Advisory Board Part 5‑2—Administrative requirements on higher education providers Division 169—Administrative requirements on higher education providers 169‑1 What this Part is about 169‑5 Notices 169‑10 Correction of notices 169‑15 Charging student contribution amounts and tuition fees 169‑16 Charging accelerator program course fees 169‑17 Requirements relating to withdrawal from units of study 169‑18 Requirements relating to withdrawal from accelerator program courses 169‑20 Exempt students 169‑25 Determining census dates and EFTSL values 169‑27 Meaning of EFTSL 169‑28 Meaning of EFTSL value 169‑30 Communications with the Commonwealth concerning students etc. 169‑35 6 week cut off for corrections affecting entitlement to Commonwealth assistance Part 5‑3—Electronic communications Division 174—Electronic communications 174‑1 What this Part is about 174‑5 Guidelines may deal with electronic communications Part 5‑4—Management of information Division 179—Protection of personal information 179‑1 What this Division is about 179‑5 Meaning of personal information 179‑10 Use of personal information 179‑15 Meanings of officer etc. and official employment 179‑20 When information is disclosed in the course of official employment 179‑25 Commissioner may disclose information 179‑30 Oath or affirmation to protect information 179‑35 Unauthorised access to, or modification of, personal information 179‑40 Officer may use information 179‑45 This Division does not limit disclosure or use of information Division 180—Disclosure or use of Higher Education Support Act information 180‑1 What this Division is about 180‑5 Meaning of Higher Education Support Act information 180‑10 Disclosure and use by Commonwealth officers 180‑15 Disclosure of information to TEQSA 180‑20 Disclosure of information to the National VET Regulator 180‑23 Disclosure of information to certain agencies 180‑25 Disclosure of information to other bodies 180‑28 Disclosure and use of information for the HELP program 180‑30 Use of information to conduct surveys 180‑35 This Division does not limit disclosure or use of information Division 181—Protection, disclosure and use of Australia's Economic Accelerator program information 181‑1 What this Division is about 181‑5 Object of this Division 181‑10 Meaning of Australia's Economic Accelerator program information 181‑15 Use of Australia's Economic Accelerator program information 181‑20 Disclosure of Australia's Economic Accelerator program information to Minister and staff 181‑25 Disclosure of Australia's Economic Accelerator program information by Minister Division 182—Other rules about information 182‑1 Minister may seek information from TEQSA and relevant VET regulator Part 5‑5—Tax file numbers Division 184—Introduction 184‑1 What this Part is about Division 187—What are the tax file number requirements for assistance under Chapter 3? 187‑1 Meeting the tax file number requirements 187‑2 Who is an appropriate officer? 187‑5 Student to notify tax file number when issued Division 190—Who can the Commissioner notify of tax file number matters? 190‑1 When tax file numbers are issued etc. 190‑5 When tax file numbers are altered 190‑10 When tax file numbers are incorrectly notified—students with tax file numbers 190‑15 When tax file numbers are incorrectly notified—students without tax file numbers 190‑20 When applications are refused or tax file numbers are cancelled Division 193—Other provisions relating to tax file numbers 193‑1 Giving information about tax file number requirements 193‑5 No entitlement to HECS‑HELP assistance for students without tax file numbers 193‑10 No entitlement to FEE‑HELP assistance for students without tax file numbers 193‑15 No entitlement to SA‑HELP assistance for students without tax file numbers 193‑20 No entitlement to STARTUP‑HELP assistance for students without tax file numbers Part 5‑6—Indexation Division 198—Indexation 198‑1 What this Part is about 198‑5 The amounts that are to be indexed 198‑10 Indexing amounts 198‑15 Meaning of indexation factor 198‑20 Meaning of index number Part 5‑7—Review of decisions Division 203—Introduction 203‑1 What this Part is about Division 206—Which decisions are subject to review? 206‑1 Reviewable decisions etc. 206‑5 Deadlines for making reviewable decisions 206‑10 Decision maker must give reasons for reviewable decisions Division 209—How are decisions reconsidered? 209‑1 Reviewer of decisions 209‑5 Reviewer may reconsider reviewable decisions 209‑10 Reconsideration of reviewable decisions on request Division 212—Which decisions are subject to ART review? 212‑1 ART review of reviewable decisions Part 5‑8—Regulatory powers 215‑1 What this Part is about 215‑5 Monitoring powers 215‑10 Investigation powers 215‑15 Civil penalty provisions 215‑20 Infringement notices 215‑25 Enforceable undertakings 215‑30 Injunctions 215‑35 Appointment of investigators 215‑40 Delegation of regulatory powers 215‑45 Contravening offence and civil penalty provisions 215‑50 Certain references to higher education provider include references to agent 215‑55 Other enforcement action Chapter 7—Miscellaneous 238‑1A Giving false or misleading information 238‑1 Delegations by Secretary 238‑5 Delegations by Minister 238‑6 Delegations by Higher Education Tuition Protection Director 238‑7 Review of operation of tuition protection 238‑8 Extent of Commissioner's general administration of this Act 238‑10 Guidelines 238‑12 Appropriation 238‑15 Regulations Schedule 1A—VET FEE‑HELP Assistance Scheme 1 What this Schedule is about Part 1—VET providers Division 1—Introduction 2 What this Part is about 3 The VET Guidelines Division 3—What is a VET provider? Subdivision 3‑A—General 4 Meaning of VET provider 5 When a body becomes or ceases to be a VET provider Subdivision 3‑B—How are bodies approved as VET providers? 6 Approval by the Minister 7 The VET tuition assurance requirements 8 VET tuition assurance requirements exemption for approvals 9 Application 10 Minister may seek further information 11 Minister to decide application 12 Approvals are legislative instruments 12A Conditions of approval 12B Minister to cause VET provider to be notified of change in condition of approval 12C Variation of approval if body's name changes Division 4—What are the VET quality and accountability requirements? Subdivision 4‑A—General 13 The VET quality and accountability requirements Subdivision 4‑B—The VET financial viability requirements 14 Basic requirement 15 Financial information must be provided 16 Minister to have regard to financial information Subdivision 4‑C—The VET quality requirements 17 Provider must maintain quality Subdivision 4‑D—The VET fairness requirements 18 Equal benefits and opportunity requirements 19 Student grievance and review requirements 20 Tuition assurance requirements 21 VET providers to appoint review officers 22 Review officers not to review own decisions 23 Procedures relating to personal information Subdivision 4‑E—The VET compliance requirements 23A Basic requirement 23B Entry procedure for students 23C Receiving requests for Commonwealth assistance 24 VET provider to provide statement of general information 25 Notice of events that affect provider's ability to comply with VET quality and accountability requirements 25A Copy of notice given to National VET Regulator about material changes 26 Compliance assurance—provider 26A Compliance notices Subdivision 4‑F—The VET fee requirements 27 Determining tuition fees for all students 27A Requirements in the VET Guidelines 28 Schedules of VET tuition fees Division 5—Revocation of VET provider approvals 29 Revocation of approval Division 5A—Civil penalty provisions and enforcement Subdivision 5A‑A—Civil penalty provisions 39DA Civil penalty provisions 39DB Civil penalty—publishing information that suggests VET FEE‑HELP assistance is not a loan etc. 39DC Civil penalty—inappropriate inducements 39DD Appropriate and inappropriate inducements 39DE Civil penalty—failure to provide VET FEE‑HELP notices 39DF Civil penalty—failure to comply with student requests 39DG Civil penalty—charging a fee etc. for a student to cancel an enrolment or request for assistance 39DH Civil penalty—accepting requests for Commonwealth assistance etc. when student not entitled 39DI Civil penalty—failure to advise about requests etc. 39DJ Civil penalty—failure to apportion fees appropriately 39DK Civil penalty—failure to publish fees 39DL Civil penalty—failure to report data Subdivision 5A‑B—Infringement notices 39EA Infringement notices 39EB Infringement officers 39EC Relevant chief executive Subdivision 5A‑C—Monitoring and investigation powers 39FA Monitoring powers 39FB Monitoring powers—persons exercising relevant roles etc. 39FC Investigation powers 39FD Investigation powers—persons exercising relevant roles etc. Subdivision 5A‑D—Other matters 39GA Appointment of investigators 39GB Functions and powers 39GC Delegation by relevant chief executive etc. 39GD Other enforcement action Part 2—VET FEE‑HELP assistance Division 6—Introduction 40 What this Part is about 41 The VET Guidelines Division 7—Who is entitled to VET FEE‑HELP assistance? Subdivision 7‑A—Basic rules 43 Entitlement to VET FEE‑HELP assistance 44 Citizenship or residency requirements 45 Course requirements 45A VET unit of study not undertaken as part of VET course of study 45B Entry procedure requirements 45C Request for Commonwealth assistance requirements 45D Notional VET FEE‑HELP accounts 45E Effect of VET FEE‑HELP account being in deficit at the end of a calendar year Subdivision 7‑B—Re‑crediting HELP balances in relation to VET FEE‑HELP assistance 46 Main case of re‑crediting a person's HELP balance in relation to VET FEE‑HELP assistance 46A Re‑crediting a person's HELP balance in relation to VET FEE‑HELP assistance—unacceptable conduct by provider or provider's agent 46AA Re‑crediting a person's HELP balance in relation to VET FEE‑HELP assistance—inappropriate conduct by provider or provider's agent 46B Re‑crediting a person's HELP balance in relation to VET FEE‑HELP assistance—VET FEE‑HELP account in deficit at the end of a calendar year 47 Re‑crediting a person's HELP balance—no tax file number 48 Special circumstances 49 Application period 50 Dealing with applications 51 Re‑crediting a person's HELP balance in relation to VET FEE‑HELP assistance if provider ceases to provide course of which unit forms part 51A Implications for the student's liability to the VET provider for the VET tuition fee Division 8—How are amounts of VET FEE‑HELP assistance worked out? 52 The amount of VET FEE‑HELP assistance for a VET unit of study 53 Up‑front payments 54 Amounts of VET FEE‑HELP assistance, HECS‑HELP assistance and FEE‑HELP assistance must not exceed the HELP balance Division 9—How are amounts of VET FEE‑HELP assistance paid? 55 Payments 56 Effect of HELP balance being re‑credited Part 3—Administration Division 10—Introduction 57 What this Part is about 58 The VET Guidelines Division 11—Payments by the Commonwealth 59 What this Division is about 60 Time and manner of payments 61 Advances 61A Amounts owed by VET providers may be set off against amounts payable under this Act or the VET Student Loans Act 2016 62 Rounding of amounts Division 12—Administrative requirements on VET providers 63 What this Division is about 64 Notices 65 Correction of notices 66 Charging VET tuition fees 67 Determining census dates 68 Communications with the Commonwealth concerning students etc. Division 13—Electronic communications 69 What this Division is about 70 Guidelines may deal with electronic communications Division 14—Management of information 71 What this Division is about 72 Meaning of VET personal information 73 Use of VET personal information 74 Meanings of VET officer etc. and official employment 75 When information is disclosed in the course of official employment 76 Commissioner may disclose information 77 Oath or affirmation to protect information 78 Unauthorised access to, or modification of, VET personal information 78A Officer may use information 78B This Division does not limit disclosure or use of information Division 15—Tax file numbers Subdivision 15‑A—Introduction 79 What this Division is about Subdivision 15‑B—What are the tax file number requirements for assistance under Part 2? 80 Meeting the tax file number requirements 81 Who is an appropriate officer? 82 Student to notify tax file number when issued Subdivision 15‑C—Who can the Commissioner notify of tax file number matters? 83 When tax file numbers are issued etc. 84 When tax file numbers are altered 85 When tax file numbers are incorrectly notified—students with tax file numbers 86 When tax file numbers are incorrectly notified—students without tax file numbers 87 When applications are refused or tax file numbers are cancelled Subdivision 15‑D—Other provisions relating to tax file numbers 88 Giving information about tax file number requirements 89 No entitlement to VET FEE‑HELP assistance for students without tax file numbers Division 16—Review of decisions Subdivision 16‑A—Introduction 90 What this Division is about Subdivision 16‑B—Which decisions are subject to review? 91 Reviewable VET decisions etc. 92 Deadlines for making reviewable VET decisions 93 Decision maker must give reasons for reviewable VET decisions Subdivision 16‑C—How are decisions reconsidered? 94 Reviewer of decisions 95 Reviewer may reconsider reviewable VET decisions 96 Reconsideration of reviewable VET decisions on request Subdivision 16‑D—Which decisions are subject to ART review? 97 ART review of reviewable VET decisions Part 4—Miscellaneous 97A Compensation for acquisition of property 98 Delegations by Secretary 99 VET Guidelines Schedule 1—Dictionary 1 Definitions 2 Meanings of CPI index number and WPI index number Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Editorial changes An Act relating to the funding of higher education, and for other purposes Chapter 1—Introduction Division 1—Preliminary 1‑1 Short title This Act may be cited as the Higher Education Support Act 2003. 1‑5 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1‑1 and 1‑5 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 19 December 2003 2. Sections 1‑10 to 238‑15 The later of: 1 January 2004 (a) 1 January 2004; and (paragraph (a) applies) (b) the day after the day on which this Act receives the Royal Assent. 3. Schedule 1 The later of: 1 January 2004 (a) 1 January 2004; and (paragraph (a) applies) (b) the day after the day on which this Act receives the Royal Assent. Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 1‑10 Identifying defined terms (1) Many of the terms in this Act are defined in the Dictionary in Schedule 1. (2) Most of the terms that are defined in the Dictionary in Schedule 1 are identified by an asterisk appearing at the start of the term: as in "*accredited course". The footnote with the asterisk contains a signpost to the Dictionary. (3) An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection or definition. Later occurrences of the term in the same provision are not usually asterisked. (4) Terms are not asterisked in headings, notes, examples, explanatory tables, guides, outline provisions or diagrams. (5) If a term is not identified by an asterisk, disregard that fact in deciding whether or not to apply to that term a definition or other interpretation provision. (6) The following basic terms used throughout the Act are not identified with an asterisk: Terms that are not identified Item This term: is defined in: 1 enrol Schedule 1 2 higher education provider section 16‑1 3 student Schedule 1 4 unit of study Schedule 1 Division 2—Objects 2‑1 Objects of this Act The objects of this Act are: (a) to support a higher education system that: (i) is characterised by quality, diversity and equity of access; and (ii) contributes to the development of cultural and intellectual life in Australia; and (iii) is appropriate to meet Australia's social and economic needs for a highly educated and skilled population; and (iv) promotes and protects freedom of speech and academic freedom; and (b) to support the distinctive purposes of universities, which are: (i) the education of persons, enabling them to take a leadership role in the intellectual, cultural, economic and social development of their communities; and (ii) the creation and advancement of knowledge; and (iii) the application of knowledge and discoveries to the betterment of communities in Australia and internationally; and (iv) the engagement with industry and the local community to enable graduates to thrive in the workforce; recognising that universities are established under laws of the Commonwealth, the States and the Territories that empower them to achieve their objectives as autonomous institutions through governing bodies that are responsible for both the university's overall performance and its ongoing independence; and (c) to strengthen Australia's knowledge base, and enhance the contribution of Australia's research capabilities to national economic development, international competitiveness and the attainment of social goals; and (d) to support students undertaking higher education and certain vocational education and training. Division 3—Overview of this Act 3‑1 General This Act primarily provides for the Commonwealth to give financial support for higher education and certain vocational education and training: (a) through grants and other payments made largely to higher education providers; and (b) through financial assistance to students (usually in the form of loans). 3‑5 Grants for higher education assistance etc. (Chapter 2) (1) Chapter 2 sets out who are higher education providers, and provides for the following grants and payments: (a) grants under the Commonwealth Grant Scheme; (aa) grants for assisting Indigenous persons; (b) other grants for particular purposes; (c) grants for Commonwealth scholarships. (2) Higher education providers will be universities, self‑accrediting entities or non self‑accrediting entities. (3) Chapter 2 also provides for the direct payment to students of certain Commonwealth scholarships. 3‑10 Assistance to students (Chapter 3) Chapter 3 provides for the following assistance to students: (a) HECS‑HELP assistance for student contribution amounts; (b) FEE‑HELP assistance for tuition fees; (c) OS‑HELP assistance for overseas study; (d) SA‑HELP assistance for meeting student services and amenities fees imposed by higher education providers; (e) STARTUP‑HELP assistance for accelerator program courses. Chapter 3 also deals with a person's Student Learning Entitlement. 3‑15 Repayment of loans (Chapter 4) Chapter 4 sets out how debts are incurred and worked out in relation to loans made under Chapter 3, and provides for their repayment. 3‑20 Administration (Chapter 5) Chapter 5 provides for several administrative matters relating to the operation of this Act. 3‑30 VET FEE‑HELP Assistance Scheme (Schedule 1A) Schedule 1A provides for financial assistance to students undertaking certain accredited vocational education and training (VET) courses. Division 5—Application of Act to Table C providers 5‑1 Application of Act to Table C providers General application to Table C providers (1) The provisions of this Act not listed in the table in subsection (2) or in subsection (4) apply to a *Table C provider, the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. Modified application to Table C providers (2) The provisions of this Act listed in the table apply to a *Table C provider in the way set out in the table. Application of Act to Table C providers Item Provision Application 1 Subdivision 19‑C (quality requirements) Applies to the *Australian branch of the provider. However, *TEQSA may need to assess the overall performance of the provider as it relates to that branch. 2 Subdivision 19‑D (fairness requirements) Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. 2A Section 19‑66A (*tuition protection requirements) Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. 3 Subdivision 19‑F (contribution and fee requirements) Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. 4 Part 3‑3 (FEE‑HELP assistance) Applies to eligible students of the *Australian branch of the provider, but only for units of study in which the students are enrolled at the Australian branch. 5 Part 3‑4 (OS‑HELP assistance) Applies to eligible students of the *Australian branch of the provider. 5A Part 3‑5 (SA‑HELP assistance) Applies to eligible students of the *Australian branch of the provider who are enrolled at the Australian branch in a *course of study or *bridging course for overseas‑trained professionals. 6 Chapter 4 (Repayment of loans) Applies to the *Australian branch of the provider and to students undertaking, or students who undertook, units of study at that branch. 7 Part 5‑2 (Administrative requirements on higher education providers) Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. 8 Part 5‑3 (Electronic communications) Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. 9 Part 5‑4 (Management of information) Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. 10 Part 5‑5 (Tax file numbers) Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. 11 Part 5‑7 (Review of decisions) Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. Provisions that do not apply to Table C providers (3) The provisions of this Act listed in subsection (4) do not apply to: (a) a *Table C provider; or (b) the *Australian branch of the provider; or (c) students in their capacity as students of that provider or of that branch. (4) The provisions are as follows: (a) Part 2‑2 (Commonwealth Grant Scheme); (aa) Part 2‑2A (Indigenous student assistance grants); (b) Part 2‑3 (Other grants); (c) Part 2‑4 (Commonwealth scholarships); (d) Part 2‑5 (Reduction and repayment of grants); (e) Part 3‑2 (HECS‑HELP assistance); (ea) Part 3‑7 (STARTUP‑HELP assistance); (f) Schedule 1A (VET FEE‑HELP Assistance Scheme). Division 6—Schedule 1A 6‑1 Schedule 1A Schedule 1A has effect. Chapter 2—Grants for higher education assistance etc. Division 8—Introduction 8‑1 What this Chapter is about This Chapter provides for who are higher education providers, and for 4 kinds of grants to be made. Part 2‑1 sets out who are higher education providers (universities, self‑accrediting entities and non self‑accrediting entities), the quality and accountability requirements for higher education providers and how bodies cease to be higher education providers. Note: Except in very limited cases, only higher education providers can get grants under this Chapter. The 4 kinds of grants available under this Chapter are: • grants under Part 2‑2 (Commonwealth Grant Scheme) to certain higher education providers. These grants are paid in relation to Commonwealth supported places. Grants are made subject to conditions; and • grants under Part 2‑2A to Table A providers and Table B providers to assist Indigenous persons; and • other grants under Part 2‑3 to higher education providers and other bodies corporate for a variety of purposes; and • grants for Commonwealth scholarships to certain higher education providers under Part 2‑4. The amount of a grant may be reduced, or an amount paid may be required to be repaid, if the recipient breaches a quality and accountability requirement or a condition of the grant (see Part 2‑5). Note: A body's approval as a higher education provider may be suspended or revoked for such a breach. This Chapter also provides for the direct payment to students of certain Commonwealth scholarships under Part 2‑4. Part 2‑1—Higher education providers Division 13—Introduction 13‑1 What this Part is about A body generally has to be approved as a higher education provider before it can receive grants, or its students can receive assistance, under this Act. Listed providers (universities and certain self‑accrediting entities) have that approval upon commencement of this Act. Table C providers have that approval from the time they are included in Table C. Bodies that do not have that automatic approval, or whose approval has been revoked, have to apply for approval. Higher education providers are subject to the quality and accountability requirements. A body's approval as a higher education provider may be revoked in circumstances such as breach of a quality and accountability requirement. 13‑5 The Higher Education Provider Guidelines Higher education providers and the *quality and accountability requirements are also dealt with in the Higher Education Provider Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines. Note: The Higher Education Provider Guidelines are made by the Minister under section 238‑10. Division 16—What is a higher education provider? Subdivision 16‑A—General 16‑1 Meaning of higher education provider (1) A higher education provider is a body corporate that is approved under this Division. (2) Despite subsection (1), a body other than a body corporate may be approved under this Division as a higher education provider if the body is covered by an exemption under subsection (3). (3) The Minister may, in writing, exempt a body for the purposes of this section if the body is established by or under a law of the Commonwealth, a State or a Territory. (4) If the Minister exempts a body under subsection (3), references in this Act, other than in this section, to a body corporate are taken to include the body. (5) An exemption given under this section is not a legislative instrument. 16‑5 When a body becomes or ceases to be a higher education provider (1) A *listed provider is taken to be approved as a higher education provider from the commencement of this Act. (1A) A *Table C provider is taken to be approved as a higher education provider from the commencement of the provision that included the provider in Table C in section 16‑22. (2) A body corporate: (a) that is not a *listed provider or a *Table C provider; or (b) that is a listed provider or a Table C provider that has previously ceased to be a higher education provider; becomes a provider if approved by the Minister under section 16‑25. (3) A higher education provider ceases to be a provider if the provider's approval is revoked or suspended under Division 22 or the notice of the provider's approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003. Subdivision 16‑B—Which bodies are listed providers? 16‑10 Listed providers The following are listed providers: (a) a *Table A provider; (b) a *Table B provider. 16‑15 Table A providers (1) The following are Table A providers: Table A providers Providers Australian National University Central Queensland University Charles Darwin University Charles Sturt University Curtin University Deakin University Edith Cowan University Federation University Australia Flinders University Griffith University James Cook University La Trobe University Macquarie University Monash University Murdoch University Queensland University of Technology Royal Melbourne Institute of Technology Southern Cross University Swinburne University of Technology The University of Adelaide The University of Melbourne The University of Notre Dame Australia The University of Queensland The University of Sydney The University of Western Australia University of Canberra University of Newcastle University of New England University of New South Wales University of South Australia University of Southern Queensland University of Tasmania University of Technology Sydney University of the Sunshine Coast University of Wollongong Victoria University Western Sydney University Australian Catholic University Limited Batchelor Institute of Indigenous Tertiary Education (2) However, a body is not a Table A provider if its approval as a higher education provider is revoked or suspended. 16‑20 Table B providers (1) The following are Table B providers: Table B providers Providers Avondale University Bond University Limited University of Divinity Torrens University Australia Ltd (2) However, a body is not a Table B provider if its approval as a higher education provider is revoked or suspended. 16‑22 Table C providers (1) The following are Table C providers: Table C providers Providers Carnegie Mellon University, a non‑profit organisation established under Pennsylvania law (2) However, a body is not a Table C provider if its approval as a higher education provider is revoked or suspended. Note: A Table C provider is not entitled to receive a grant under this Chapter: see section 5‑1. Subdivision 16‑C—How are bodies approved as higher education providers? 16‑25 Approval by the Minister (1) The Minister, in writing, may approve a body corporate as a higher education provider if: (a) the body: (i) is established under the law of the Commonwealth, a State or a Territory; and (ii) carries on business in Australia; and (iii) has its central management and control in Australia; and (aa) subject to subsection (2), the body's principal purpose is, or is taken to be, either or both of the following: (i) to provide education; (ii) to conduct research; and (b) the body is: (i) an *Australian university; or (ii) a *self‑accrediting entity; or (iii) a *non self‑accrediting entity; and (c) the Minister is satisfied that the body will meet the *tuition protection requirements (if applicable); and (da) the body offers at least one *course of study that leads to a *higher education award; and (db) the course of study is an *accredited course in relation to the body; and (e) the body applies for approval as provided for in section 16‑40; and (f) the Minister is satisfied that the body is willing and able to meet the *quality and accountability requirements; and (fa) the body complies with any requirements set out in the Higher Education Provider Guidelines; and (fb) the Minister is satisfied that the body has sufficient experience in the provision of higher education; and (g) the Minister is satisfied that: (i) the body; and (ii) each person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body's affairs; is a fit and proper person. (2) For the purpose of paragraph (1)(aa), the Minister may determine that a body's principal purpose is taken to be either or both of the following: (a) to provide education; (b) to conduct research; if the Minister is satisfied that any of the body's purposes do not conflict with the body's purpose of providing education and/or conducting research. (2A) For the purposes of paragraph (1)(fb), the Minister may have regard to the following: (a) whether the body has been a *registered higher education provider for 3 or more years; (b) the history of the body, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the body's affairs, in delivering higher education; (c) the scope of courses and level of qualifications the body, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the body's affairs, has experience in providing. (3) The Minister must, in deciding whether he or she is satisfied that a person is a fit and proper person, take into account the matters specified in an instrument under subsection (4). The Minister may take into account any other matters he or she considers relevant. (4) The Minister must, by legislative instrument, specify matters for the purposes of subsection (3). 16‑27 Body must be a registered higher education provider Despite section 16‑25, the Minister must not approve a body corporate as a higher education provider unless the body is a *registered higher education provider. 16‑30 The tuition protection requirements The tuition protection requirements are: (a) the requirements set out in Part 5‑1A (including in the Higher Education Provider Guidelines made for the purposes of that Part); and (b) the requirements set out in the Higher Education Provider Guidelines for the purposes of this paragraph. 16‑40 Application (1) A body corporate that is a *registered higher education provider may