Northern Territory Repealed Regulations

This legislation has been repealed.

NORTHERN TERRITORY UNIVERSITY (FEES AND CHARGES) BY-LAWS

NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY UNIVERSITY (FEES AND CHARGES) BY-LAWS

As in force at 17 January 2001

TABLE OF PROVISIONS

By-law

1. Citation

2. Definitions

3. When fee or charge payable

4. Registrar may take action where unpaid liability

5. Notice

6. Appeal

7. Registrar to consider appeal

8. Registrar may make arrangements with student for payment of unpaid liability

9. Payment of unpaid liability may be redirected

10. Registrar may authorise person

11. Giving of notices, &c.

12. Records to be kept

13. Taking of other action

Notes

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the By-laws as in force at 17 January 2001. Any amendments that may come into operation after that date are not included.

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NORTHERN TERRITORY UNIVERSITY (FEES AND CHARGES) BY-LAWS

By-laws under the Northern Territory University Act

1. Citation

These By-laws may be cited as the Northern Territory University (Fees and Charges) By-laws.

(See back note 1)

1. Definitions

In these By-laws, unless the contrary intention appears –

"Chief Librarian" means the Chief Librarian as defined in the Northern Territory University (Library) By-laws;

"fee or charge" means –

(a) a fee or charge determined by the Council under section 33 of the Act, whether by a by-law or otherwise;

(b) a fine imposed under the Northern Territory University (Library) By-law; or

(c) a penalty imposed under the Northern Territory University (Student Residences) By-laws;

"unpaid liability" means a fee or charge due and payable to the University by a student.

1. When fee or charge payable

A fee or charge is payable by a student –

(a) on the date notified to the student by the University, whether in writing or otherwise, as the date by which the student must pay the fee or charge to the University; or

(b) where the student has not been notified of a date for payment, 14 days after the fee or charge became due or was incurred.

1. Registrar may take action where unpaid liability

(1) Where a student has an unpaid liability, the Registrar may, by notice in writing to the student, do any of the following:

(a) withhold an examination or assessment result of the student;

(b) cancel the enrolment of the student in a course, unit or module;

(c) suspend the student from attending a specified teaching or research activity of the University;

(d) suspend the student from using a specified University facility, including a residential facility;

(e) prevent the student from enrolling in a course, unit or module;

(f) withhold from a student a degree or other award relating to a course of the University.

(2) Action taken under clause (1) remains in effect until –

(a) the unpaid liability is paid;

(b) an arrangement is made under by-law 8(2) in relation to the unpaid liability; or

(c) the notice is revoked under by-law 7 or 8(3).

1. Notice

A notice under by-law 4 is to specify –

(a) the type and amount of the unpaid liability;

(b) the date or dates on which part or all of the unpaid liability was payable; and

(c) that, within 14 days after the notice is given, the student may appeal to the Registrar.

1. Appeal

(1) A student may appeal to the Registrar against his or her decision to take action under by-law 4, within 14 days after notice under that by-law is given, on the grounds that –

(a) the student is not liable for the unpaid liability specified in the notice; or

(b) the amount of the unpaid liability specified in the notice under by-law 5(a) is incorrect.

(2) An appeal under clause (1) is to –

(a) specify the grounds for the appeal; and

(b) specify the reasons for the appeal.

1. Registrar to consider appeal

(1) The Registrar must consider a student's appeal under by-law 6 and, for that purpose, may –

(a) make further inquiries of the student; or

(b) conduct an investigation.

(2) The Registrar must determine an appeal by –

(a) revoking the decision to take action under by-law 4;

(b) varying the decision to take action under by-law 4; or

(c) confirming the decision to take action under by-law 4.

(3) The Registrar must notify the student of his or her determination under clause (2).

1. Registrar may make arrangements with student for payment of unpaid liability

(1) For the purposes of clauses (2) and (3), the Council delegates to the Registrar the power under section 33(4) of the Act, to defer the date on which the payment of a fee or charge is due.

(2) The Registrar may agree with a student to accept payment of an unpaid liability that is otherwise due and payable on the terms and conditions the Registrar thinks fit.

(3) The Registrar may revoke or amend a notice given under by-law 4, whether or not all or part of the unpaid liability to which it relates has been paid.

(4) The Registrar must, as soon as practicable after –

(a) entering into an agreement under clause (2); or

(b) revoking or amending a notice under clause (3),

notify in writing the student to whom the agreement or notice relates.

1. Payment of unpaid liability may be redirected

The Registrar may direct that an amount paid by or on behalf of a student to the University in payment of an unpaid liability is to be used to pay another specified unpaid liability.

1. Registrar may authorise person

The Registrar may authorise a person to exercise a power or perform a function of the Registrar under these By-laws, other than a power conferred by by-law 8(1).

1. Giving of notices, &c.

(1) A notice under these By-laws may be given to a student by –

(a) delivering it personally to the student; or

(b) posting it in a prepaid letter addressed to the student at the last known address notified to the University as the student’s contact address.

(2) A notice under these By-laws is to be taken to be given –

(a) where notice is given in accordance with clause (1)(a), on the delivery of the notice to the student;

(b) where notice is given in accordance with clause (1)(b), at the time at which the notice would be delivered in the ordinary course of post; or

(c) on a later date specified in the notice.

1. Records to be kept

The Registrar must keep a record of all notices given under these By-laws.

1. Taking of other action

Nothing in these By-laws –

(a) prevents the University from commencing proceedings in a court of competent jurisdiction for recovery of an unpaid liability;

(b) affects an action taken by the Chief Librarian to recover an amount from, or to impose a penalty on, a student in relation to as library fee or charge under the Northern Territory University (Library) By-laws; or

(c) where a student has been given a notice under by-law 4 in relation to an unpaid liability, prevents the Registrar from giving another notice to the student in relation to another unpaid liability.

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Notes

1. The Northern Territory University (Fees and Charges) By-laws, in force under the Northern Territory University Act, comprise By-laws made on

7 August 1997 and amendments made by other legislation, the details of which are specified in the following table:

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