that is not a *listed provider or a *Table C provider; or

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.

the body:

is established under the law of the Commonwealth, a State or a Territory; and

carries on business in Australia; and

has its central management and control in Australia; and

subject to subsection (2), the body’s principal purpose is, or is taken to be, either or both of the following:

to provide education;

to conduct research; and

the body is:

an *Australian university; or

a *self-accrediting entity; or

a *non self-accrediting entity; and

the Minister is satisfied that the body will meet the *tuition protection requirements (if applicable); and

the body offers at least one *course of study that leads to a *higher education award; and

the course of study is an *accredited course in relation to the body; and

the body applies for approval as provided for in section 16-40; and

the Minister is satisfied that the body is willing and able to meet the *quality and accountability requirements; and

the body complies with any requirements set out in the Higher Education Provider Guidelines; and

the Minister is satisfied that the body has sufficient experience in the provision of higher education; and

the Minister is satisfied that:

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;

is a fit and proper person.

to provide education;

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.

whether the body has been a *registered higher education provider for 3 or more years;

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;

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.

(a) the body corporate made an application (the earlier application) under subsection (1); and

the Minister decided not to approve the earlier application;

the body corporate cannot make another application under that subsection within 6 months after the day on which notice of the decision on the earlier application was given to the body corporate.

must be in the form approved by the Minister; and

must be accompanied by such information as the Minister requests; and

must be accompanied by the fee (if any) prescribed by, or worked out in accordance with the method prescribed by, the Higher Education Provider Guidelines.

decide an application for approval as a higher education provider; and

cause the applicant to be notified in writing whether or not the applicant is approved as a higher education provider.

within 90 days after receiving the application; or

if further information is requested under within 60 days after the end of the period within which the information was required to be provided under that section;section 16-45—

whichever is the later.

that a specified limit on the total number of students entitled to *FEE-HELP assistance applies to the provider for a specified period;

that a specified limit on the total amount of FEE-HELP assistance payable to the provider applies to the provider for a specified period;

that FEE-HELP assistance is payable only in relation to specified units of study offered by the higher education provider;

that FEE-HELP assistance is not payable in relation to specified units of study offered by the higher education provider;

that units of study provided in a specified manner or by a specified mode of delivery by the higher education provider are units in relation to which FEE-HELP assistance is unavailable.

the provider receives assistance under this Chapter; or

a student of the provider receives assistance under Chapter 3.

must be in the form approved by the Minister; and

must comply with any requirements prescribed by the Higher Education Provider Guidelines; and

must be provided together with a report on the statement by an independent *qualified auditor; and

must be provided within 6 months after the end of the *annual financial reporting period for which the statement was given.

to which the provider’s accounts relate; and

that is notified in writing to the Minister as the provider’s annual financial reporting period.

if the provider is a Table A provider or a Table B provider—on 1 January 2026; or

otherwise—on 1 January 2027.

any grant or allocation under this Chapter; or

any payment under section 124-1 on account of amounts of *OS-HELP assistance;

must have open, fair and transparent procedures that, in the provider’s reasonable view, are based on merit for making decisions about the selection of students who are to benefit from the grant, allocation or payment.

the selection, from among the persons who seek to enrol with the provider in that unit of study, of persons to enrol; and

the treatment of students undertaking that unit of study.

the selection, from among the persons who seek to enrol with the provider in that accelerator program course, of persons to enrol; and

the selection of students for receipt of STARTUP-HELP assistance in relation to that accelerator program course; and

the treatment of students undertaking that accelerator program course.

in person; or

by telephone, email or other form of electronic communication.

receives a person’s contact details from another person; and

contacts the student:

to market, advertise or promote a unit of study or a *course of study, or enrol the student in a unit of study or course of study; or

to market, advertise or promote an *accelerator program course, or enrol the student in an accelerator program course.

is subject to a requirement under subsection (1); and

fails to comply with the requirement.

require a person to be or to become a member of an organisation of students, or of students and other persons; or

require a person enrolled with, or seeking to enrol with, the provider to pay to the provider or any other entity an amount in respect of an organisation of students, or of students and other persons;

unless the person has chosen to be or to become a member of the organisation.

are essential for the course of study, or *accelerator program course, in which the person is enrolled or seeking to enrol; and

the person has the choice of acquiring from, but does not acquire from, a supplier other than the higher education provider; and

either:

are goods that become the property of the person that are not intended to be consumed during the course of study or accelerator program course; or

consist of food, transport or accommodation associated with provision of field trips in connection with the course of study or accelerator program course.

that a higher education provider requires a person enrolled, or seeking to enrol, with the provider to pay for a period starting on or after 1 January 2012 to support the provision to students of amenities and services not of an academic nature, regardless of whether the person chooses to use any of those amenities and services; and

that is determined by the provider in accordance with the Administration Guidelines; and

that is not more than the amount worked out for that period for the person in accordance with those guidelines; and

that is payable on a day determined in accordance with those guidelines; and

that is such that the total of all amounts that are covered by paragraphs (a), (b), (c) and (d) for the same provider and person is not more than $263, for amounts for periods falling wholly or partly within a calendar year starting on or after 1 January 2012.

must publish, in accordance with the Administration Guidelines:

enough information to enable a person liable to pay the fee to work out the amount of the fee; and

notice of the day on which the fee is payable; and

must, on request by a person who is or may become liable to pay the fee, inform the person of the amount of the fee and the day on which it is or would be payable.

a political party; or

the election of a person as a member of:

the legislature of the Commonwealth, a State or a Territory; or

a local government body.

a political party; or

the election of a person as a member of:

the legislature of the Commonwealth, a State or a Territory; or

a local government body.

providing food or drink to students on a campus of the higher education provider;

supporting a sporting or other recreational activity by students;

supporting the administration of a club most of whose members are students;

caring for children of students;

providing legal services to students;

promoting the health or welfare of students;

helping students secure accommodation;

helping students obtain employment or advice on careers;

helping students with their financial affairs;

helping students obtain insurance against personal accidents;

supporting debating by students;

providing libraries and reading rooms (other than those provided for academic purposes) for students;

supporting an artistic activity by students;

supporting the production and dissemination to students of media whose content is provided by students;

helping students develop skills for study, by means other than undertaking *courses of study or *accelerator program courses in which they are enrolled;

advising on matters arising under the higher education provider’s rules (however described);

advocating students’ interests in matters arising under the higher education provider’s rules (however described);

giving students information to help them in their orientation;

helping meet the specific needs of *overseas students relating to their welfare, accommodation and employment.

expenditure by the higher education provider in directly providing the service; and

expenditure by the higher education provider in getting someone else to provide the service or subsidising the provision of the service by someone else; and

expenditure by the higher education provider on infrastructure for the provision of the service.

the majority of the persons constituting the governing body (however described) of the organisation are either or both of the following:

students enrolled in a *course of study with the higher education provider during the calendar year;

students who have been enrolled in a *course of study with the higher education provider during any of the 3 immediately preceding calendar years; and

the majority of the persons constituting the governing body (however described) of the organisation have been democratically elected by students enrolled in a *course of study with the higher education provider when the student votes in the election; and

the organisation satisfies the requirements (if any) specified in the Student Services, Amenities, Representation and Advocacy Guidelines for the purposes of this paragraph.

is not required to allocate an amount to one or more student led organisations, in respect of up to 3 calendar years, that would otherwise be required by section 19-39 to be allocated; or

may allocate an amount specified in the determination to one or more student led organisations, in respect of up to 3 calendar years, being an amount lower than would otherwise be required by section 19-39 to be allocated.

is not required to allocate an amount to one or more student led organisations, in respect of up to 5 calendar years, that would otherwise be required by section 19-39 to be allocated; or

may allocate an amount specified in the determination to one or more student led organisations, in respect of up to 5 calendar years, being an amount lower than would otherwise be required by section 19-39 to be allocated.

that unless the Secretary makes the determination, the higher education provider concerned would not be able to maintain key services at an appropriate level for the calendar year or years to which the determination relates; and

that the higher education provider has in place a transition plan that will enable it to comply with section 19-39 after the end of the calendar year or years specified in the determination.

in a form approved by the Secretary; and

in accordance with the requirements that the Secretary determines in writing; and

within the period (if any) specified in the Student Services, Amenities, Representation and Advocacy Guidelines for the purposes of this paragraph.

include information on:

the provider’s processes for identifying students that are at risk of not successfully completing their units of study; and

the supports available from or on behalf of the provider to assist students to successfully complete the units of study in which they are enrolled; and

comply with any requirements specified in the Higher Education Provider Guidelines.

requirements for the higher education provider’s support for students policy to include specified information;

requirements about the presentation, format and availability of the policy.

Provider to comply with support for students policy

include the information required by the Higher Education Provider Guidelines; and

be given within the period, or at the intervals, specified in the Higher Education Provider Guidelines.

Civil penalty for non-compliance

is subject to a requirement under this section; and

does not comply with the requirement.

a grievance procedure for dealing with complaints by the provider’s students, and persons who seek to enrol in *courses of study or *accelerator program courses with the provider, relating to non-academic matters; and

a grievance procedure for dealing with complaints by the provider’s students relating to academic matters; and

a review procedure for dealing with review of decisions made by the provider:

under subsection 36-12(2) or 36-20(1); or

relating to assistance under Chapter 3.

under subsection 36-12(2) or 36-20(1); or

relating to assistance under Chapter 3;

including procedures that are to be followed by *review officers when reviewing those decisions.

Provider to comply with procedures

under subsection 36-12(2) or 36-20(1); or

relating to assistance under Chapter 3.

the chief executive officer of the provider; or

a delegate of the chief executive officer of the provider;

has appointed to be a review officer of the provider for the purposes of reviewing decisions made by the provider:

under subsection 36-12(2) or 36-20(1); or

relating to assistance under Chapter 3.

the requirements of the Higher Education Provider Guidelines relating to *personal information in relation to students; and

the procedure referred to in subsection (2).

this Act and the regulations; and

the Guidelines made under section 238-10 that apply to the provider; and

a condition imposed on the provider’s approval as a higher education provider.

*higher education provider charge;

any penalty for late payment of higher education provider charge.

the issue of notices setting out the amount of *higher education provider charge payable by a provider;

when higher education provider charge is due and payable;

the issue of notices extending the time for payment of higher education provider charge;

penalties for late payment of higher education provider charge;

to whom higher education provider charge and any penalties for late payment are payable;

the refund, remission or waiver of higher education provider charge or penalties for late payment;

the review of decisions made under the Higher Education Provider Guidelines in relation to the collection or recovery of higher education provider charge;

any other matters relating to the collection or recovery of higher education provider charge.

*HELP tuition protection levy;

any penalty for late payment of HELP tuition protection levy.

the issue of notices setting out the amount of *HELP tuition protection levy payable by a provider;

when HELP tuition protection levy is due and payable;

the issue of notices extending the time for payment of HELP tuition protection levy;

penalties for late payment of HELP tuition protection levy;

to whom HELP tuition protection levy and any penalties for late payment are payable;

the refund, remission or waiver of HELP tuition protection levy or penalties for late payment;

the review of decisions made under the Higher Education Provider Guidelines in relation to the collection or recovery of HELP tuition protection levy;

any other matters relating to the collection or recovery of HELP tuition protection levy.

requirements for providing students with information about services that are not of an academic nature and that support students; and

requirements for providing students with access to such services; and

requirements relating to the representation and advocacy of the interests of students.

the provision of higher education by the provider; and

compliance by the provider with the requirements of this Act.

in a form (if any) approved by the Minister for the information; and

in accordance with such other requirements as the Minister makes.

is subject to a requirement under this section; and

does not comply with the requirement.

is subject to a requirement under this section; and

does not comply with the requirement.

is subject to a requirement under this section; and

does not comply with the requirement.

the provider; or

a *related body corporate of the provider;

that relates to the provider’s registration as a *registered higher education provider.

the *financial viability requirements;

the *fairness requirements;

the *compliance requirements;

the *contribution and fee requirements.

by a body determined in writing by the Minister; and

at such time or times, and in such manner, as the Minister requires.

fully co-operate with the auditing body in the course of its audit; and

pay to the auditing body any charges payable for such an audit.

is being audited under this section; and

does not co-operate with the auditing body in the course of its audit.

this Act or the regulations;

the Guidelines made under section 238-10 that apply to the provider;

a condition imposed on the provider’s approval as a higher education provider.

Content of compliance notice

set out the name of the provider to which the notice is given; and

set out brief details of the non-compliance or possible non-compliance; and

specify action that the provider must take, or refrain from taking, in order to address the non-compliance or possible non-compliance; and

specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

if the Minister considers it appropriate—specify a reasonable period within which the provider must provide the Minister with evidence that the provider has taken, or refrained from taking, the specified action; and

in any case—state that a failure to comply with the notice is a breach of a *quality and accountability requirement which may lead to the provider’s approval as a higher education provider being suspended or revoked; and

in any case—set out any other matters specified in the Higher Education Provider Guidelines for the purposes of this paragraph.

Matters that Minister must consider in giving compliance notice

whether the non-compliance or possible non-compliance is of a minor or major nature;

the period for which the provider has been approved as a higher education provider;

the provider’s history of compliance with:

this Act and the regulations; and

the Guidelines made under section 238-10 that apply to the provider; and

any conditions imposed on the provider’s approval as a higher education provider;

the impact of the higher education provider’s non-compliance or possible non-compliance, and of the proposed compliance notice, on:

the provider’s students; and

the provision of higher education generally;

the public interest;

any other matter specified in the Higher Education Provider Guidelines for the purposes of this paragraph.

Higher Education provider to comply with compliance notice

that a higher education provider provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines; and

in relation to which the provider may advise a person that he or she is a *Commonwealth supported student.

does so:

before the date ascertained in accordance with the Higher Education Provider Guidelines; and

in circumstances specified in the Higher Education Provider Guidelines; or

does so with the written approval of the Minister.

does so:

before the date ascertained in accordance with the Higher Education Provider Guidelines; and

in circumstances specified in the Higher Education Provider Guidelines; or

does so with the written approval of the Minister.

in a form approved by the Minister; and

in accordance with the requirements that the Minister determines in writing.

ensure that the schedule provides sufficient information to enable a person to work out, for each unit of study the provider provides or is to provide:

the person’s *student contribution amount; and

if the provider determined more than one student contribution amount for places in a unit under section 19-87—which of those student contribution amounts applies to the person; and

ensure that the schedule provides sufficient information to enable a person to work out, for each unit of study the provider provides or is to provide:

the person’s *tuition fee; and

if the provider determined more than one tuition fee for a unit under section 19-90—which of those tuition fees applies to the person; and

publish the schedule for a particular period by the date ascertained in accordance with the Higher Education Provider Guidelines; and

ensure that the schedule is available to all students enrolled, and persons seeking to enrol, with the provider on request and without charge.

Replacement schedules

(a) the provider has given the Minister a schedule (the previous schedule) under:

subsection (1); or

this subsection; and

the provider:

varies a *student contribution amount in the previous schedule; or

varies a *tuition fee in the previous schedule;

the provider must:

by written notice given to the Minister:

withdraw the previous schedule; and

inform the Minister of the variation; and

give the Minister a replacement schedule incorporating the variation.

in a form approved in writing by the Minister (if any); and

in accordance with the requirements that the Minister determines in writing (if any).

ensure that the schedule provides sufficient information to enable a person to work out, for each *accelerator program course the provider provides or is to provide during the period, the person’s *accelerator program course fee; and

publish the schedule for a particular period by the date ascertained in accordance with the Higher Education Provider Guidelines; and

ensure that the schedule is available to all students enrolled, and persons seeking to enrol, with the provider on request and without charge.

payable in respect of an organisation of students, or of students and other persons; or

payable in respect of the provision to students of amenities or services that are not of an academic nature; or

payable in respect of residential accommodation; or

imposed in accordance with the Higher Education Provider Guidelines for the imposition of fees in respect of *overseas students; or

payable in respect of studies (other than an *enabling course) that are not permitted to be undertaken for the purpose of obtaining a *higher education award; or

determined, in accordance with the Higher Education Provider Guidelines, to be a fee of a kind that is incidental to studies that may be undertaken with a higher education provider; or

a *student contribution amount payable in respect of a student.

if a decision to revoke the approval is in effect under Subdivision 22-AA, 22-B or 22-D; or

while the approval is suspended under section 22-30; or

(c) if the notice of the provider’s approval ceases to have effect under Legislation Act 2003.Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the

the body is no longer a *registered higher education provider; and

in a case where *TEQSA has made either of the following decisions under the *TEQSA Act, the decision has not been set aside or quashed, and is no longer *subject to review:

a decision under section 36 of that Act to refuse an application to renew the body’s registration under Part 3 of that Act;

a decision under section 101 of that Act to cancel the body’s registration under Part 3 of that Act.

(a) an order is made by a court, or by the Australian Securities and Investments Commission under Corporations Act 2001, for the winding up of the body; andPart 5.4C of the

the order has not been set aside or quashed, and is no longer *subject to review.

the body’s principal purpose is no longer, or is no longer taken to be, either or both of the following:

to provide education;

to conduct research; and

the Minister complies with the requirements of section 22-20.

the Minister is satisfied that any of the body’s purposes conflict with the body’s principal purpose of providing education and/or conducting research; and

the Minister complies with the requirements of section 22-20.

the body was an *Australian university at the last time the body became a higher education provider; and

since that time, the body has ceased to be an Australian university; and

the Minister complies with the requirements of section 22-20.

Bodies that cease to be self-accrediting entities

the body was a *self-accrediting entity at the last time the body became a higher education provider; and

since that time, the body has ceased to be a self-accrediting entity; and

the Minister complies with the requirements of section 22-20.

Self-accrediting entities that cease to have authority to accredit courses

the body was a *self-accrediting entity at the last time the body became a higher education provider; and

the body is no longer authorised by or under the *TEQSA Act to self-accredit a *course of study that the body was authorised to self-accredit at that time; and

the Minister complies with the requirements of section 22-20.

Bodies that cease to be non self-accrediting entities

the body was a *non self-accrediting entity at the last time the body became a higher education provider; and

since that time, the body has ceased to be a non self-accrediting entity; and

the Minister complies with the requirements of section 22-20.

Bodies offering courses that cease to be accredited courses

the body was a *self-accrediting entity or a *non self-accrediting entity at the last time the body became a higher education provider; and

a *course of study offered by the body that was an *accredited course ceases to be an accredited course; and

the Minister complies with the requirements of section 22-20.

Bodies that no longer meet certain approval criteria

the body no longer meets a requirement set out in:

paragraph 16-25(1)(a); or

paragraph 16-25(1)(da); and

the Minister complies with the requirements of section 22-20.

is satisfied that the body has:

breached a condition of a grant made to the body under Part 2-2, 2-2A, 2-3 or 2-4; or

breached a *quality and accountability requirement; or

breached a condition imposed on the body’s approval; and

is satisfied that it is appropriate to take that action (see subsection (2)); and

complies with the requirements of section 22-20.

whether the breach in question is of a minor or major nature;

whether the breach has occurred before and, if so, how often;

the impact that the breach may have on the body’s students;

the impact of the breach on the higher education provided by the body;

the impact of the breach on Australia’s reputation as a provider of high quality higher education;

any other matter set out in the Higher Education Provider Guidelines.

is satisfied that:

the body; or

at least one person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body’s affairs;

is not a fit and proper person; and

complies with the requirements of section 22-20.

stating that the Minister is considering revoking the body’s approval; and

stating the reasons why the Minister is considering revoking the body’s approval; and

inviting the body to make written submissions to the Minister within 28 days concerning why the approval should not be revoked.

must be in writing; and

must be given within the period of 28 days following the period in which submissions may have been given to the Minister under subsection (1); and

if the Minister decides to revoke the body’s approval—must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.

grants to the body under this Chapter; and

assistance payable to the body’s students under Chapter 3;

to the extent that the grants or assistance relate to students of the body who have not completed the *courses of study in which they were enrolled with the body on the day referred to in subsection 22-20(5).

stating that the Minister is considering suspending the body’s approval; and

stating the reasons why the Minister is considering suspending the body’s approval; and

inviting the body to respond to the Minister, in writing, within 14 days of the date of the notice.

takes effect accordingly on the day specified in the determination; and

ceases to have effect if the Minister decides not to revoke the body’s approval as a higher education provider.

grants to the body under this Chapter; and

assistance payable to the body’s students under Chapter 3;

to the extent that the grants or assistance relate to students of the body who have not completed the *courses of study in which they were enrolled with the body on the day specified for the purposes of paragraph 22-30(4)(a).

be in writing; and

be given to the body at least 14 days before the day on which the revocation is to take effect.

a decision of the Minister to approve a body corporate as a higher education provider has taken effect; and

(b) the body ceases to be approved as a higher education provider because the notice of the approval ceases to have effect under Legislation Act 2003.Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the

affect:

the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or

anything duly done or suffered in relation to the body before the cessation; or

affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or

affect any penalty, forfeiture or punishment incurred in respect of the body having been a higher education provider; or

affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the body had not ceased to be approved as a higher education provider.

a decision of the Minister to revoke a body’s approval as a higher education provider has taken effect; and

(b) the decision to revoke the approval ceases to have effect because the notice of revocation ceases to have effect under Legislation Act 2003.Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the

affect:

the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or

anything duly done or suffered in relation to the body before the cessation; or

affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or

affect any penalty, forfeiture or punishment incurred in respect of the body before the cessation; or

affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the decision to revoke the approval had not ceased to have effect.

the provider:

is a *Table A provider; and

has entered into a funding agreement with the Commonwealth under section 30-25 in respect of a period that includes that year; or

all of the following apply:

the provider is a higher education provider specified in the Commonwealth Grant Scheme Guidelines as a higher education provider that can be paid grants under this Part;

the Minister has made an allocation under section 30-10 to the provider for that year;

the provider has entered into a funding agreement with the Commonwealth under section 30-25 in respect of a period that includes that year.

a *Table A provider in relation to *designated higher education courses; and

a higher education provider referred to in subparagraph 30-1(1)(b)(i).

that it is only in respect of *national priorities; and

the number of places for each national priority for which the provider is allocated places; and

the number of places (if any) for each *funding cluster that are in respect of *non-grandfathered students; and

the number of places (if any) for each funding cluster (other than the *first funding cluster and the *second funding cluster) that are in respect of *grandfathered students; and

the number of places (if any) for each *grandfathered funding cluster part that are in respect of grandfathered students.

a *course of study in medicine (other than a *demand driven higher education course);

a *course of study of a kind determined under subsection (2).

the *number of Commonwealth supported places allocated to the provider for a *funding cluster, or a *grandfathered funding cluster part, for the grant year; and

in relation to one or more of the following:

places in *undergraduate courses of study;

places in non-research *postgraduate courses of study;

places in courses of study in medical programs;

places in courses of study in *FEE-FREE Uni Ready courses;

the minimum *number of Commonwealth supported places that the provider must provide in the grant year or grant years, or the maximum number of Commonwealth supported places that the provider may provide in the grant year or grant years, or both; and

the maximum number of Commonwealth supported places provided by the provider which can have a medical student loading in the grant years; and

the maximum amount of transition fund loading that will be payable to the provider, under the Commonwealth Grant Scheme Guidelines, in the grant years; and

adjustments that will apply to the amount of a grant payable to the provider under this Part if the provider breaches a condition of the grant.

(a) must specify an amount as the maximum basic grant amount payable to the provider for a *grant year for *higher education courses; and

(b) may specify an amount as the maximum basic grant amount payable to the provider for a *grant year for each of the following:

*designated higher education courses;

*demand driven higher education courses.

Table A providers—maximum basic grant amount for higher education courses

for 2024—the amount specified in the Commonwealth Grant Scheme Guidelines for the purposes of this paragraph for the provider for that year for those courses; and

for any other later year—the maximum basic grant amount specified in the provider’s funding agreement for the preceding year for those courses.

specify different amounts for different years for the purposes of that subsection; and

specify different amounts for different *Table A providers for the purposes of that subsection or paragraph.

Table A providers—maximum basic grant amount for designated higher education courses

read a reference in step 1 of that statement to places provided by the provider in a *funding cluster as a reference to places allocated under section 30-10 to the provider in that funding cluster;

disregard paragraph (a) of that step.

Maximum basic grant amount for non-Table A providers

read a reference in steps 1, 2 and 3 of that statement to places provided by the provider in a *funding cluster or a *grandfathered funding cluster part as a reference to places allocated under section 30-10 to the provider in that funding cluster or grandfathered funding cluster part;

disregard paragraph (a) of each of those steps.

working out the *total basic grant amount for the provider for that year under Subdivision 33-B; and

adding:

the amount of any medical student loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and

the amount of any transition fund loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and

the amount of any performance funding grant amount worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year.

the amount for *higher education courses (see subsection (2));

the amount for *designated higher education courses (see subsections (3) and (4));

the amount for *demand driven higher education courses (see subsections (5) and (6)).

Table A providers—amount for higher education courses

the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider’s funding agreement; and

the amount worked out for the year using the following method statement.

Method statement

Step 1. For each *funding cluster in which the provider has provided places in those courses in respect of *non-grandfathered students, multiply:

the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

the *Commonwealth contribution amount for a place in that funding cluster.

Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

the *Commonwealth contribution amount for a place in that funding cluster.

Step 3. For each *grandfathered funding cluster part in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by

the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.

Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.

Table A providers—amount for designated higher education courses

the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider’s funding agreement; and

the amount worked out for the year using the following method statement.

Method statement

Step 1. For each *funding cluster in which the provider has provided places in those courses, multiply the *Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:

the number that is the sum of the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of *non-grandfathered students and in respect of *grandfathered students;

the number of Commonwealth supported places allocated to the provider for that funding cluster.

Step 2. Add together all of the amounts worked out under step 1.

the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider’s funding agreement; and

the amount worked out for the year using the following method statement.

Method statement

Step 1. For each *funding cluster in which the provider has provided places in those courses in respect of *non-grandfathered students, multiply:

the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

the *Commonwealth contribution amount for a place in that funding cluster.

Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

the *Commonwealth contribution amount for a place in that funding cluster.

Step 3. For each *grandfathered funding cluster part in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by

the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.

Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.

the *maximum basic grant amount for the year that is specified in the provider’s funding agreement; and

the amount worked out for the year using the following method statement.

Method statement

Step 1. For each *funding cluster in which the provider has provided places in respect of *non-grandfathered students, multiply the *Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:

the *number of Commonwealth supported places provided by the provider in that funding cluster in respect of those students;

the number of Commonwealth supported places allocated to the provider for that funding cluster in respect of those students.

Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in respect of *grandfathered students, multiply the *Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:

the *number of Commonwealth supported places provided by the provider in that funding cluster in respect of those students;

the number of Commonwealth supported places allocated to the provider for that funding cluster in respect of those students.

Step 3. For each *grandfathered funding cluster part in which the provider has provided places in respect of *grandfathered students, multiply the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part by the lesser of the following:

the *number of Commonwealth supported places provided by the provider in that part in respect of those students;

the number of Commonwealth supported places allocated to the provider for that part in respect of those students.

Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.

the *EFTSL value of the unit; by

the number of non-grandfathered students enrolled with the provider in that unit as *Commonwealth supported students.

Step 2. Add together all of the amounts worked out under step 1.

the *EFTSL value of the unit; by

the number of grandfathered students enrolled with the provider in that unit as *Commonwealth supported students.

Step 2. Add together all of the amounts worked out under step 1.

a unit of study provided by the provider forms part of more than one *course of study; and

the provider determines under subsection 169-28(2) an *EFTSL value of the unit for each such course;

the unit is taken to be a different unit of study in respect of each such course.

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

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

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

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

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

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

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

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:

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

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.

the year next following that year; or

the 2 years next following that year; or

the 3 years next following that year;

are reduced by amounts that equal in total the amount of the advance.

the higher education provider with which he or she is enrolled in that unit has advised the person in writing that he or she is a Commonwealth supported student:

in relation to the unit; or

if the person is undertaking a *course of study with the provider of which the unit forms a part—in relation to that course of study; and

at the end of the *census date for the unit, the higher education provider would not have been prohibited under this Subdivision from so advising the person.

must be in writing; and

must be given on or before the *census date for the unit.

the provider has entered into a funding agreement under section 30-25 for the year in which the person is undertaking the unit; and

the unit contributes to the requirements of a *course of study in which the person is enrolled with that provider or another higher education provider; and

the person has been assessed by the higher education provider, in accordance with section 19-42, as academically suited to undertake the unit; and

the person meets the citizenship or residency requirements for the purposes of this paragraph (see subsections (2) and (2A)); and

if the course of study is a course of study other than a *FEE-FREE Uni Ready course—the unit is *covered by the person’s Student Learning Entitlement; and

the person:

enrolled in the unit on or before the *census date for the unit; and

at the end of the census date, remained so enrolled; and

if:

the census date for the unit is on or after 1 January 2021 and before 1 January 2023 and the person commenced the course of study on or after 1 January 2021; or

the census date for the unit is on or after 1 January 2023;

the person meets the *student identifier requirements for the purposes of this paragraph (see subsection (2C)).

When a person meets the citizenship or residency requirements

an Australian citizen; or

a citizen of New Zealand who will be resident within Australia for the duration of the unit; or

a *permanent visa holder who will be resident within Australia for the duration of the unit.

it cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or

it is required for the purpose of completing a requirement of that unit.

the person has a student identifier immediately before the census date; and

before the census date, the person notifies the person’s student identifier to:

an *appropriate officer of the higher education provider; and

the *Secretary.

the unit of study for which the assistance is sought; or

the *course of study of which the unit forms a part; or

any other unit of study forming part of that course.

Persons who do not wish to be Commonwealth supported

must be in writing; and

must be given on or before the *census date for the unit.

Additional requirement for non-Table A providers

the unit in which the person is enrolled is within a *national priority; and

the provider has received a grant under this Part for that national priority for the year in which the person is undertaking the unit; and

if the national priority is a *course of study that has been specified in the Commonwealth Grant Scheme Guidelines to be a national priority—the unit is contributing to the requirements of that course.

Additional requirement relating to work experience in industry

the unit forms part of a *course of study; and

the person is enrolled, or has previously been enrolled, in another unit of study in that course:

that does not, or did not, wholly consist of work experience in industry; and

in relation to which the person is, or was, a Commonwealth supported student.

Units of study at full fee summer or winter schools

(a) the person undertakes the unit wholly during a summer school period (the current summer school period) or a winter school period (the current winter school period); and

the provider has determined that this subsection applies to the unit.

before the start of the current summer school period, if the determination relates to a unit undertaken during a summer school period; or

before the start of the current winter school period, if the determination relates to a unit undertaken during a winter school period.

the *EFTSL value of the new unit;

the sum of the EFTSL values of each other unit of study:

that has a *census date during the 12 month period ending on the census date for the new unit; and

for which the person is entitled to *HECS-HELP assistance or *FEE-HELP assistance, or would be so entitled but for the previous operation of this section, or section 104-1AA, in relation to the other unit of study.

whether the person has the demonstrated capacity and capability to successfully complete units of study that have a total EFTSL value of more than 2; and

the matters (if any) specified by the Higher Education Provider Guidelines for the purposes of this paragraph.

the unit contributes to the requirements of a *course of study; and

the course of study is, or is to be, undertaken by the person primarily at an overseas campus.

the enrolment is in an *employer reserved place; or

the unit forms part of a *bridging course for overseas-trained professionals; or

the unit forms part of a course to which a determination under subsection (2) applies.

a specified *course of study is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students; or

a *course of study of a specified type is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students.

the provider has completed any part of a *request for Commonwealth assistance that the person is required to complete; and

the request relates to the person enrolling in the unit of study or, where the unit forms part of a *course of study undertaken with the provider, the course of study.

the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and

the unit would, if completed, form part of a *course of study undertaken with that provider or another higher education provider; and

the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and

the provider is satisfied that special circumstances apply to the person (see section 36-21); and

the person applies in writing to that provider for either or both:

the repayment of any amounts that the person paid in relation to his or her *student contribution amount for the unit; or

the remission of the person’s *HECS-HELP debt in relation to the unit; and

either:

the application is made before the end of the application period under section 36-22; or

the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to his or her *student contribution amount for the unit; and

pay to the Commonwealth an amount equal to any *HECS-HELP assistance to which the person was entitled for the unit.

the person enrolled in the unit as a *replacement unit; or

it is determined that section 36-24A applies to the person; or

section 36-24BA applies in relation to the provider in relation to the unit.

the amount (if any) that is to be paid to the person; and

the amount (if any) that is to be paid to the Commonwealth; and

the person (if any) who is to pay the amounts.

are beyond the person’s control; and

do not make their full impact on the person until on or after the *census date for the unit of study; and

make it impracticable for the person to complete the requirements for the unit during the period during which the person undertook, or was to undertake, the unit.

the person has withdrawn his or her enrolment in the unit of study; and

the higher education provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

the application under paragraph 36-20(1)(e) is made before the end of the application period under section 36-22; or

the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.

the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and

the unit would, if completed, form part of a *course of study undertaken with the provider; and

the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person; and

Part 5-1A applied to the provider at the time the provider defaulted in relation to the person; and

any of the following apply:

the provider identifies, under paragraph 166-25(4)(b) that there is no suitable *replacement unit or *replacement course for the person;

the person elects, under subparagraph 166-25(7)(a)(iii), to have an amount equal to the amounts of *HECS-HELP assistance that the person received for the unit re-credited to the student’s *HELP balance;

the *Higher Education Tuition Protection Director decides, under paragraph 166-26B(2)(b) that the Director is not satisfied that there is a suitable replacement course for the person;

the person elects, under subparagraph 166-26B(4)(a)(iii), to have an amount equal to the amounts of HECS-HELP assistance that the person received for the unit re-credited to the student’s HELP balance.

pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to his or her *student contribution amount for the unit; and

pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96-1.

a person has been enrolled as a *Commonwealth supported student with a higher education provider in a unit of study; and

the person’s *SLE amount has been re-credited under section 79-1 with an amount equal to the *EFTSL value of the unit.

pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person’s *student contribution amount for the unit; and

pay to the Commonwealth an amount equal to any *HECS-HELP assistance to which the person was entitled for the unit.

pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person’s *student contribution amount for the unit; and

pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96-1.

the person enrolled in the unit as a *replacement unit; or

it is determined that section 36-24A applies to the person in relation to the unit.

the amount (if any) that is to be paid to the person; and

the amount (if any) that is to be paid to the Commonwealth; and

the person (if any) who is to pay the amounts.

pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person’s *student contribution amount for the unit; and

pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96-1.

the person enrolled in the unit as a *replacement unit; or

it is determined that section 36-24A applies to the person in relation to the unit.

the amount (if any) that is to be paid to the person; and

the amount (if any) that is to be paid to the Commonwealth; and

the person (if any) who is to pay the amounts.

the person is or has been a Commonwealth supported student in relation to one or more other units of study, undertaken with the provider, as part of the course; and

the provider is not prohibited, under Subdivision 36-B, from so advising the person.

the person is or has been a Commonwealth supported student in relation to one or more other units of study in the course undertaken with the home provider; and

the person must undertake the unit, because it is required to complete the course; and

the host provider is not prohibited, under Subdivision 36-B, from so advising the person.

a person is to be enrolled with a *Table A provider in a unit of study; and

the unit to be undertaken with the provider forms part of an *undergraduate course of study; and

the provider is not prohibited, under Subdivision 36-B, from advising the person that he or she is a *Commonwealth supported student in relation to the unit;

the provider must enrol the person in the unit as a Commonwealth supported student.

the person commences the undergraduate course of study with the provider before 1 January 2009; or

both:

the person transfers to the undergraduate course of study with the provider on or after 1 January 2009 from another undergraduate course of study in which the person was enrolled with the provider before 1 January 2009; and

the person had not completed that other undergraduate course of study; or

all of the following apply:

the person was offered, and accepted, a place (other than a Commonwealth supported place) in the undergraduate course of study with the provider before 1 January 2009;

the undergraduate course of study was to commence before 1 January 2009;

with the provider’s approval, the person commences the course of study after that time; or

at the time the person commences the undergraduate course of study with the provider, the person is an *overseas student.

Other higher education providers

completion of the unit is in furtherance of a *national priority; and

places have been allocated to the provider under section 30-10 in respect of that national priority for the year in which the person is enrolled in the unit; and

the provider is not prohibited, under Subdivision 36-B, from advising the person that the person is a Commonwealth supported student in relation to the unit.

in respect of the year in which the person is enrolled in the unit, the provider has already filled, or fills, all of the *number of Commonwealth supported places in respect of that *national priority; or

the person notifies an *appropriate officer of the provider that he or she does not wish to be a *Commonwealth supported student in relation to the unit.

Notices under paragraph (4)(b)

must be in writing; and

must be given on or before the *census date for the unit.

is enrolled as a *Commonwealth supported student in relation to the unit; and

has not, on or before the *census date for the unit:

completed, and signed, a *request for Commonwealth assistance in relation to the unit or, where the unit forms part of a *course of study undertaken with the provider, in relation to the course of study; and

given it to an *appropriate officer of the provider.

is enrolled as a *Commonwealth supported student in relation to the unit; and

is not entitled to *HECS-HELP assistance for the unit; and

has not, on or before the *census date for the unit, paid to the provider the whole of the person’s *student contribution amount for the unit.

However, this subsection does not apply if the person’s student contribution amount for the unit is a nil amount.

in which the person requests the Commonwealth to provide assistance under this Act in relation to the unit or, where the unit forms part of a *course of study undertaken with the provider, in relation to the course of study; and

that is in the form approved by the Minister.

the tuition fees; and

the *employer contribution amount for the unit;

is less than the *student contribution amount referred to in subsection (1).

is enrolled in study with a higher education provider on a *non-award basis; and

could have enrolled in that study as a unit of study if the enrolment were not on a non-award basis;

the provider must not charge, as the person’s *fees for the study, amounts that in total are less than the highest amount that the provider would charge any person:

who may enrol in the study as a unit of study; and

who is a *Commonwealth supported student in relation to the unit.

outline the vision, aims and objectives for translation and commercialisation of university research in areas of national priority; and

identify new and emerging technologies in areas of national priority; and

identify and propose ways of addressing regulatory, financial and cultural barriers to translating and commercialising university research in areas of national priority.

areas of national priority;

the total amount of funding available;

any other matters the AEA Advisory Board considers appropriate to deal with to ensure the program meets the program’s objectives.