• Specific Year
    Any

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 19.38 Higher education providers' expenditure of student services and amenities fees

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 19.38

Higher education providers' expenditure of student services and amenities fees

  (1)   A higher education provider must not spend an amount paid to the provider as a * student services and amenities fee to support:

  (a)   a political party; or

  (b)   the election of a person as a member of:

  (i)   the legislature of the Commonwealth, a State or a Territory; or

  (ii)   a local government body.

  (2)   If a higher education provider pays a person or organisation an amount paid to the provider as a * student services and amenities fee, the provider must make the payment on the condition that none of the payment is to be spent by the person or organisation to support:

  (a)   a political party; or

  (b)   the election of a person as a member of:

  (i)   the legislature of the Commonwealth, a State or a Territory; or

  (ii)   a local government body.

  (3)   A higher education provider must not spend, for a purpose other than that specified in subsection   (4), an amount paid to the provider as a * student services and amenities fee.

  (4)   Subsection   (3) does not prohibit expenditure for a purpose that relates to the provision of any of the following services:

  (a)   providing food or drink to students on a campus of the higher education provider;

  (b)   supporting a sporting or other recreational activity by students;

  (c)   supporting the administration of a club most of whose members are students;

  (d)   caring for children of students;

  (e)   providing legal services to students;

  (f)   promoting the health or welfare of students;

  (g)   helping students secure accommodation;

  (h)   helping students obtain employment or advice on careers;

  (i)   helping students with their financial affairs;

  (j)   helping students obtain insurance against personal accidents;

  (k)   supporting debating by students;

  (l)   providing libraries and reading rooms (other than those provided for academic purposes) for students;

  (m)   supporting an artistic activity by students;

  (n)   supporting the production and dissemination to students of media whose content is provided by students;

  (o)   helping students develop skills for study, by means other than undertaking * courses of study or * accelerator program courses in which they are enrolled;

  (p)   advising on matters arising under the higher education provider's rules (however described);

  (q)   advocating students' interests in matters arising under the higher education provider's rules (however described);

  (r)   giving students information to help them in their orientation;

  (s)   helping meet the specific needs of * overseas students relating to their welfare, accommodation and employment.

Note:   Examples of expenditure for a purpose that relates to the provision of a service specified in subsection   (4) include:

(a)   expenditure by the higher education provider in directly providing the service; and

(b)   expenditure by the higher education provider in getting someone else to provide the service or subsidising the provision of the service by someone else; and

(c)   expenditure by the higher education provider on infrastructure for the provision of the service.

  (5)   Without limiting who is a child of a person for the purposes of paragraph   (4)(d), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .

  (6)   To avoid doubt, subsections   (1), (2) and (3) apply to an advance made to a higher education provider on account of * SA - HELP assistance in the same way as they apply to an amount paid to the provider as a * student services and amenities fee.

Note:   An amount of SA - HELP assistance paid to a provider is an amount paid to the provider as a student services and amenities fee because, under section   128 - 1, the SA - HELP assistance is paid to discharge the student's liability to pay the fee.

  (7)   Subsection   (6) does not limit subsection   164 - 10(2).

Note:   Subsection   164 - 10(2) applies to an advance on account of an amount the conditions that would apply to payment of the amount.