Western Australian Consolidated Regulations

HIGHER EDUCATION REGULATIONS 2005 - REG 5B

5B .         Costs and expenses of considering request under section 7 or application under section 9 or 13A of the Act

        (1)         An arrangement entered into under section 28(1) of the Act by the Minister with a person (the applicant ) must provide for —

            (a)         the costs and expenses of the preparation of a report by a person approved by the Minister on —

                  (i)         the financial and other resources available to the applicant; and

                  (ii)         whether or not those resources are adequate to enable the applicant to comply with the requirements of the Act and meet the criteria set out in any National Protocol applicable to the applicant;

                and

            (b)         the costs and expenses relating to preparing and executing the agreement; and

            (c)         in the case of an appointment of a higher education advisory committee, the costs and expenses incurred by the Minister in relation to —

                  (i)         the remuneration, allowances and expenses of members of the committee; and

                  (ii)         selecting and appointing members of the committee; and

                  (iii)         providing services to the committee; and

                  (iv)         the preparation of interim or other reports of the committee;

                and

            (d)         the times or stages in which, and the manner in which, payments of costs, expenses remuneration and allowances are to be made by the applicant to the Minister.

        (2)         If there is a dispute between the applicant and the Minister about the costs and expenses that are to be paid by the applicant under an arrangement entered into under section 28(1) of the Act, that dispute is to be determined by arbitration under the Commercial Arbitration Act 1985 .

        [Regulation 5B inserted in Gazette 8 Jun 2010 p. 2609-10.]