9Circumstances in which a student services and amenities fee and day on which the fee is payable may be varied

9 Circumstances in which a student services and amenities fee and day on which the fee is payable may be varied

(1) For the purposes of paragraphs 19-37(5)(b) and 19-37(5)(d) of the Act and subject to subsection (2), a higher education provider may only vary a determination of a student services and amenities fee, or the day on which a student services and amenities fee is payable, or both, if: (a) the variation is: (i) necessary because of circumstances that did not apply at the time the fee or the day on which the fee is payable was determined; or (ii) to correct an administrative error; and (b) the higher education provider has advised the Department, in writing to ssaf@dese.gov.au or such other new email address as notified by the Department, of its intention to vary at least 5 working days before making the variation. (2) A provider may only vary a student services and amenities fee or the day on which the fee is payable, in the two months before the commencement of the course of study or bridging course for overseas-trained professionals that is be undertaken with the provider in the period to which the fee relates, if the provider is reasonably satisfied that the variation would not disadvantage any person enrolled or seeking to enrol. (3) Without limiting the generality of subsection (2), a person will be disadvantaged by a variation that increases the student services and amenities fee, or where the variation that changes the day on which the fee is payable to an earlier day.