Commonwealth Numbered Acts

HIGHER EDUCATION SUPPORT AMENDMENT (COST RECOVERY) ACT 2019 (NO. 86, 2019) - SCHEDULE 1

Part 1 -- Higher education provider application fee

Higher Education Support Act 2003

1  At the end of subsection 16-40(2)

Add:

             ; and (c)  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.

Note:          The guidelines may prescribe different fees, or methods, for applications made by different kinds of applicant: see subsection 33(3A) of the Acts Interpretation Act 1901 .

2  At the end of section 16-40

Add:

             (3)  A fee prescribed, or worked out in accordance with a method prescribed, for the purposes of subsection (2) must not be such as to amount to taxation.

Part 2 -- Higher education provider charge

Higher Education Support Act 2003

3  After section 19-65

Insert:

19-66   Higher education provider charge

             (1)  A higher education provider must pay the following when it is due and payable by the provider:

                     (a)  * higher education provider charge;

                     (b)  any penalty for late payment of higher education provider charge.

Note:          Higher education provider charge is imposed by the Higher Education Support (Charges) Act 2019 .

             (2)  The Higher Education Provider Guidelines may make provision for, or in relation to, all or any of the following matters:

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

                     (b)  when higher education provider charge is due and payable;

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

                     (d)  penalties for late payment of higher education provider charge;

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

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

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

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

4  Subclause 1(1) of Schedule 1

Insert:

"higher education provider charge " means charge imposed by the Higher Education Support (Charges) Act 2019 .