Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 104.4

             (1)  This section applies to a unit of study access to which is provided by * Open Universities Australia during a period ascertained in accordance with the FEE-HELP Guidelines.

             (2)  * Open Universities Australia must determine, for the unit, one or more * fees that are to apply to students to whom Open Universities Australia provides access to the unit during the period.

       (2AA)  In determining more than one * fee under subsection (2), * Open Universities Australia may have regard to any matters Open Universities Australia considers appropriate, other than matters specified in the FEE-HELP Guidelines as matters to which Open Universities Australia must not have regard.

          (2A)  * Open Universities Australia must not vary a * fee unless Open Universities Australia:

                     (a)  does so:

                              (i)  before the date ascertained in accordance with the FEE-HELP Guidelines; and

                             (ii)  in circumstances specified in the FEE-HELP Guidelines; or

                     (b)  does so with the written approval of the Minister.

             (3)  A fee includes any tuition, examination or other fee payable to * Open Universities Australia by those students in relation to the unit.

             (4)  A fee does not include a fee:

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

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

                     (c)  payable in respect of residential accommodation.

Census date

             (5)  * Open Universities Australia must set a particular date to be the * census date for the unit for the period.

          (5A)  * Open Universities Australia must not vary a * census date unless Open Universities Australia:

                     (a)  does so:

                              (i)  before the date ascertained in accordance with the FEE-HELP Guidelines; and

                             (ii)  in circumstances specified in the FEE-HELP Guidelines; or

                     (b)  does so with the written approval of the Minister.

Consequence of failure to set tuition fees and census date

             (6)  If * Open Universities Australia does not:

                     (a)  determine a * fee in accordance with subsection (2) for the unit for the period; or

                     (b)  determine a * census date in accordance with subsection (5) for the unit for the period;

no student to whom Open Universities Australia provides access to the unit for that period is entitled to * FEE-HELP assistance for the unit.