28Circumstances in which the requirements for determining fees for overseas students do not apply

28 Circumstances in which the requirements for determining fees for overseas students do not apply

(1) A higher education provider is not required to comply with the requirements of subsection 27(1) when determining the fee for the following classes of overseas students: (a) overseas students undertaking study in Australia as part of a formal exchange program; and (b) overseas students undertaking study in Australia towards a research Masters degree or a research Doctoral degree who have been awarded a scholarship for that study on the basis of merit following a competitive application process. (2) For the purposes of paragraph (1)(a), a formal exchange program is a program established under a formal agreement between an Australian higher education provider and an overseas higher education institution (“overseas institution”) that provides for: (a) students of the Australian higher education provider to undertake study at the overseas institution, where the study at the overseas institution contributes to the requirements of a course of study being undertaken by the students with the Australian higher education provider; (b) students of the overseas institution to undertake study at the Australian higher education provider, where the study at the Australian higher education provider contributes to the requirements of a course of study being undertaken by the students with the overseas institution; and (c) the exchange of students between the Australian higher education provider and the overseas institution to be reciprocal over time. (3) All students of the Australian higher education provider undertaking study in accordance with paragraph (2)(a) are charged student contribution amounts and tuition fees in accordance with the Act and are not charged fees at the overseas institution. (4) All students of the overseas institution undertaking study in accordance with paragraph (2)(b) are charged fees in accordance with the practices of that overseas institution and are not charged fees at the Australian higher education provider.