Higher Education Funding Act 1988

The Minister may issue guidelines in relation to the provision by institutions of undergraduate or post‑graduate courses for which fees may be charged.

A person undertaking a course provided in accordance with guidelines issued under subsection (1) may be charged fees in respect of the undertaking of that course.

Guidelines issued under subsection (1) must ensure that, on an equivalent full‑time student unit basis, the number of domestic students who may be charged fees for a particular undergraduate course does not exceed 25% of the total number of places available for domestic students in that course.

Guidelines issued under subsection (1) must:

require an institution not to charge a domestic student any fees for any undergraduate course in a year unless the institution meets the undergraduate target that applies for the purpose of calculating grants to the institution under section 15 or 16 for that year; and

specify the amount that is applicable for the purposes of section 108 in respect of a breach of the requirement referred to in paragraph (a) of this subsection.

In this section, domestic student means a student who is not an overseas student.