Division 2Up-front payments tuition protection levy

Division 2 – Up-front payments tuition protection levy

6 Notice of amount of up-front payments tuition protection levy (1) For the purposes of paragraphs 26A(5)(a) and (b) of the Act, the Higher Education Tuition Protection Director must issue a written notice to each registered higher education provider who is liable to pay the up‑front payments tuition protection levy, which specifies: (a) the year to which the levy relates; (b) the amount of each component of the provider’s levy; (c) the total amount of the provider’s levy; (d) an explanation of how each component of the provider’s levy was calculated; (e) the day by which the levy is due and payable by the provider, which must be at least 30 days after the day the notice is given; and (f) the method or methods by which the provider must pay the levy. (2) A failure to give a registered higher education provider the notice under subsection (1) does not affect the liability of the provider to pay the up-front payments tuition protection levy. Note 1: Up-front payments tuition protection levy is imposed, for a year, on a registered higher education provider to whom Part 5A of the Act applies under the Levy Act. Note 2: Subsection 26A(4) of the Act requires a registered higher education provider to pay the up-front payments tuition protection levy when it is due and payable. This is a condition of registration for the purposes of section 24 and section 26A of the Act. (3) A notice under subsection (1) does not need to be given if the liability to pay the up-front payments tuition protection levy is waived under section 8. 7 Overdue notice (1) For the purposes of paragraph 26A(5)(a) of the Act, the Higher Education Tuition Protection Director may give a written overdue notice to the registered higher education provider to comply with a notice issued under section 6 after the date the up-front payments tuition protection levy is due and payable. (2) The overdue notice must specify: (a) the amount that is still owing; (b) information about consequences of the late payment; and (c) the day the amount must be paid by the registered higher education provider.

8 Waiver (1) For the purposes of paragraph 26A(5)(f) of the Act, liability to pay the up-front payments tuition protection levy is waived for all registered higher education providers for the calendar year 2021. (2) For the purposes of paragraph 26A(5)(f) of the Act, liability to pay the up-front payments tuition protection levy for a year is waived if: (a) the provider’s registration is cancelled under the Act; or (b) the provider is no longer in operation prior to the time the Higher Education Tuition Protection Director issues a notice under section 6. 9 Internal review of notice issued under section 6 (1) For the purposes of paragraph 26A(5)(g) of the Act, a registered higher education provider may request the Higher Education Tuition Protection Director to reconsider a notice issued under section 6 in relation to the determination of any components of the up-front payments tuition protection levy (decision). (2) The registered higher education provider’s request must be in writing and given to the Higher Education Tuition Protection Director within 14 days after the day on which the provider received the notice. (3) After receiving the request, the Higher Education Tuition Protection Director must reconsider the decision and: (a) confirm the decision; (b) vary the decision; or (c) set the decision aside and substitute a new decision. (4) The Higher Education Tuition Protection Director must give the registered higher education provider written notice of the Director’s decision (internal review decision) under subsection (3). (5) The notice under subsection (4): (a) must be given within 7 days after the internal review decision is made; (b) must contain a statement of the reasons for the internal review decision; and (c) if paragraph 9(3)(b) or (c) applies, include a new notice under section 6 with a due date at least 30 days after the date the provider is notified of the internal review decision. 10 Administrative Appeals Tribunal review For the purposes of paragraph 26A(5)(g) of the Act, an application may be made to the Administrative Appeals Tribunal for the review of a decision that has been confirmed, varied or set aside under section 9.