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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
VET Student Loans Bill 2016
No. , 2016
(Education and Training)
A Bill for an Act to provide for loans to students for
vocational education and training, and for related
purposes
No. , 2016
VET Student Loans Bill 2016
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Act binds the Crown .......................................................................... 2
4
Objects ............................................................................................... 2
5
Simplified outline of this Act ............................................................ 3
6
Definitions ......................................................................................... 4
Part 2--Loans to students
9
Division 1--Secretary may approve loans
9
7
Secretary may approve loans ............................................................. 9
8
Amount of loan .................................................................................. 9
Division 2--Eligible students
10
9
Eligible students .............................................................................. 10
10
Enrolment and loan application ....................................................... 10
11
Citizenship and residency ................................................................ 10
12
Academic suitability ........................................................................ 11
Division 3--Approved courses
12
13
Approved courses ............................................................................ 12
14
Kinds of courses .............................................................................. 12
15
Provision and delivery ..................................................................... 12
16
The courses and loan caps determination ....................................... 13
Division 4--Applications for loans
14
17
Applications for loans ...................................................................... 14
18
Decisions about loans ...................................................................... 15
Part 3--Paying and repaying loan amounts
17
Division 1--Paying loan amounts
17
19
Loan must be used to pay tuition fees .............................................. 17
20
When Secretary is not required to pay loan amount ........................ 17
21
Notice about payment of loan amount ............................................. 18
Division 2--Repaying loan amounts
19
22
When course provider must repay loan amount ............................... 19
23
When tuition assurance scheme operator may be required to
repay loan amount ........................................................................... 20
ii
VET Student Loans Bill 2016
No. , 2016
Part 4--Approved course providers
21
Division 1--Approving course providers
21
24
Meaning of approved course provider ............................................ 21
25
Secretary may approve a body ......................................................... 21
26
Provider suitability requirements ..................................................... 21
27
Listed course providers may be taken to meet requirements ........... 22
28
Application for approval .................................................................. 23
29
Period of approval ........................................................................... 23
30
Decisions about approval ................................................................. 23
31
Fees for applications ........................................................................ 24
32
When Secretary is not required to consider application ................... 24
33
Period of approval extends to cover decision on re-approval .......... 24
Division 2--Conditions of approval
26
34
Secretary may impose conditions .................................................... 26
Division 3--Revoking and suspending approvals
27
35
Automatic revocation on winding up ............................................... 27
36
Secretary may revoke or suspend approval...................................... 27
37
Immediate suspension in certain circumstances .............................. 28
38
Secretary must revoke approval on provider request ....................... 29
39
Secretary to notify relevant VET Regulator if approval is
revoked or suspended ...................................................................... 29
Division 4--Tuition assurance
30
40
Tuition assurance arrangements ...................................................... 30
41
Secretary may require tuition assurance scheme operator to
act .................................................................................................... 30
42
Other requirements for tuition assurance scheme operators ............ 31
Division 5--Ensuring compliance
32
43
Compliance notices ......................................................................... 32
44
Varying and revoking compliance notices ....................................... 33
45
Compliance audits ........................................................................... 33
46
Approved course provider must cooperate ...................................... 34
Part 5--Other requirements for approved course providers
35
Division 1--General
35
47
Conditions of approval and course provider requirements .............. 35
48
Provider must have certain processes and procedures ..................... 35
49
Provider must not use broker or agent ............................................. 36
Division 2--Information
37
50
Information for students .................................................................. 37
No. , 2016
VET Student Loans Bill 2016
iii
51
Retaining information and documents ............................................. 37
52
Ongoing information requirements .................................................. 38
53
Secretary may request information .................................................. 39
54
Dealing with personal information .................................................. 40
Division 3--Fees
41
55
Determining tuition fees .................................................................. 41
56
Student not liable for covered fees .................................................. 41
57
Publishing tuition fees ..................................................................... 42
Division 4--Census days
43
58
Determining and publishing census days ......................................... 43
59
No penalty for cancelling enrolment before census day .................. 43
Division 5--Marketing
45
60
Misrepresenting VET student loans ................................................. 45
61
Offering certain inducements .......................................................... 45
62
Engaging in cold-calling .................................................................. 45
63
Use of third party contact lists ......................................................... 46
64
Other marketing requirements ......................................................... 46
Division 6--Personal liability for executive officers
47
65
Personal liability for executive officers ........................................... 47
66
Reasonable steps to prevent offence or contravention ..................... 47
Part 6--Re-crediting FEE-HELP balances
49
Division 1--Application of Part
49
67
Application of Part .......................................................................... 49
Division 2--Re-crediting by course provider
50
68
Special circumstances ...................................................................... 50
69
Course not provided to completion .................................................. 51
70
Secretary may act in place of provider ............................................ 51
Division 3--Re-crediting by Secretary
52
71
When Secretary may re-credit FEE-HELP balance ......................... 52
72
Student may apply for re-crediting by Secretary ............................. 52
73
Secretary must invite submissions before re-crediting .................... 53
Part 7--Review of decisions
54
Division 1--Reviewable decisions
54
74
Reviewable decisions ...................................................................... 54
75
When applications are taken to be refused....................................... 55
iv
VET Student Loans Bill 2016
No. , 2016
Division 2--Reconsideration of reviewable decisions
56
76
Application for reconsideration ....................................................... 56
77
Reconsideration without application ............................................... 57
78
Reconsideration by delegates .......................................................... 58
79
Approved course providers must have review officers .................... 58
80
Review by the AAT ......................................................................... 58
Division 3--Reconsideration of other decisions
59
81
Reconsideration of other decisions .................................................. 59
Part 8--Regulatory powers
60
82
Monitoring powers .......................................................................... 60
83
Investigation powers ........................................................................ 61
84
Civil penalty provisions ................................................................... 61
85
Infringement notices ........................................................................ 62
86
Enforceable undertakings ................................................................ 63
87
Injunctions ....................................................................................... 63
88
Appointment of investigators .......................................................... 64
89
Delegation of regulatory powers ..................................................... 64
90
Other enforcement action ................................................................ 65
Part 9--Use of information
66
Division 1--Authorised use and disclosure of information
66
91
Use and disclosure by Commonwealth officers ............................... 66
92
Use and disclosure by certain VET officers .................................... 66
93
Disclosure to certain agencies, bodies or persons ............................ 66
94
Disclosure for purposes of law enforcement.................................... 67
95
Disclosure to other bodies for permitted purposes ........................... 67
96
Disclosure of publicly available information ................................... 68
97
Commissioner may disclose VET information ................................ 68
98
This Division does not limit use or disclosure of VET
information ...................................................................................... 68
Division 2--Offences for misuse of personal information
69
99
VET officers .................................................................................... 69
100
Use of personal information for other purposes ............................... 69
101
Unauthorised access to, or modification of, personal
information ...................................................................................... 70
Part 10--General provisions
72
102
Communicating electronically ......................................................... 72
103
Secretary may publish information .................................................. 72
No. , 2016
VET Student Loans Bill 2016
v
104
Secretary may require a person to provide information about
compliance with this Act ................................................................. 73
105
Secretary may use computer programs to make decisions ............... 74
106
Giving false or misleading information ........................................... 74
107
Verifying tax file numbers ............................................................... 75
108
Contravening offence and civil penalty provisions .......................... 75
109
Certain references to course provider include references to
agent ................................................................................................ 75
110
Continuing application of Act to certain persons ............................. 75
111
No entitlement to future rights ......................................................... 76
112
Protection from civil actions ............................................................ 76
113
Compensation for acquisition of property ....................................... 77
114
Delegations ...................................................................................... 77
115
Appropriation .................................................................................. 77
116
Rules ................................................................................................ 77
No. , 2016
VET Student Loans Bill 2016
1
A Bill for an Act to provide for loans to students for
1
vocational education and training, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the VET Student Loans Act 2016.
8
Part 1 Preliminary
Section 2
2
VET Student Loans Bill 2016
No. , 2016
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 January 2017.
1 January 2017
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Act binds the Crown
13
(1) This Act binds the Crown in each of its capacities.
14
(2) This Act does not make the Crown liable to be:
15
(a) prosecuted for an offence; or
16
(b) subject to civil proceedings for a civil penalty order under
17
Part 4 of the Regulatory Powers Act; or
18
(c) given an infringement notice under Part 5 of the Regulatory
19
Powers Act.
20
(3) The protection in subsection (2) does not apply to an authority of
21
the Crown.
22
4 Objects
23
The object of this Act is to provide for loans to students for
24
vocational education and training, ensuring that loans are provided:
25
(a) to genuine students; and
26
Preliminary Part 1
Section 5
No. , 2016
VET Student Loans Bill 2016
3
(b) for education and training that meets workplace needs and
1
improves employment outcomes.
2
5 Simplified outline of this Act
3
VET student loans are approved by the Secretary for eligible
4
students for approved courses.
5
VET student loans are used by the Secretary to pay tuition fees for
6
students.
7
If the Secretary uses a loan amount to pay tuition fees, the student
8
incurs a HELP debt. HELP debts are managed under the Higher
9
Education Support Act 2003.
10
In certain circumstances the course provider, instead of the student,
11
must repay a loan amount. This includes circumstances in which
12
the student's FEE-HELP balance may be re-credited.
13
For a course to be an approved course, the course provider must
14
have been approved by the Secretary. The Secretary is able to take
15
action to ensure that approved course providers are complying with
16
this Act.
17
Part 5 sets out requirements to be met by approved course
18
providers, and includes civil penalty and offence provisions.
19
Certain decisions relating to VET student loans and the approval of
20
course providers are reviewable.
21
The Regulatory Powers (Standard Provisions) Act 2014 applies for
22
the purposes of this Act.
23
The use and disclosure of information is regulated.
24
Rules can be made under this Act.
25
Part 1 Preliminary
Section 6
4
VET Student Loans Bill 2016
No. , 2016
6 Definitions
1
In this Act:
2
approved course provider: see section 24.
3
approved tuition assurance arrangement: see subsection 40(2).
4
Australian Privacy Principles has the same meaning as in the
5
Privacy Act 1988.
6
Australian Qualifications Framework means the framework for
7
recognition and endorsement of qualifications:
8
(a) that is established by the Council consisting of the Ministers
9
for the Commonwealth and each State and Territory
10
responsible for higher education; and
11
(b) that is to give effect to agreed standards in relation to the
12
provision of education in Australia;
13
as in force from time to time.
14
Note:
The Australian Qualifications Framework could in 2016 be viewed on
15
the Australian Qualifications Framework website
16
(http://www.aqf.edu.au).
17
census day: see subsection 58(3).
18
civil penalty provision has the same meaning as in the Regulatory
19
Powers Act.
20
cold-calling: see subsections 62(2) and (3).
21
commence, in relation to winding up a body corporate, has the
22
same meaning as in the Corporations Act 2001.
23
Commissioner means the Commissioner of Taxation.
24
Commonwealth officer has the same meaning as in the Higher
25
Education Support Act 2003.
26
compliance audit: see subsection 45(2).
27
compliance notice: see subsection 43(3).
28
course means a course of study.
29
Preliminary Part 1
Section 6
No. , 2016
VET Student Loans Bill 2016
5
course provider means a person who provides, or offers to provide,
1
a course of study.
2
courses and loan caps determination: see subsection 16(2).
3
covered fees: see subsection 56(3).
4
decision maker: see paragraph 74(b).
5
decision notice: see subsection 36(4).
6
Departmental investigator: see subsection 88(1).
7
dependent child means a person who is aged under 18 and does not
8
have a spouse or de facto partner.
9
electronic communication has the same meaning as in the
10
Electronic Transactions Act 1999.
11
executive officer, of an approved course provider, means a person
12
(whether or not a director of the provider) who is concerned in, or
13
takes part in, the management of the provider.
14
FEE-HELP balance has the same meaning as in the Higher
15
Education Support Act 2003.
16
genuine student has a meaning affected by any rules made for the
17
purposes of this definition.
18
intention notice: see subsection 36(2).
19
judicial officer means:
20
(a) a magistrate; or
21
(b) a Judge of a court of a State or Territory; or
22
(c) a Judge of the Federal Circuit Court of Australia; or
23
(d) a Judge of the Federal Court of Australia.
24
loan amount means all or a part of a VET student loan.
25
National VET Regulator has the same meaning as in the National
26
Vocational Education and Training Regulator Act 2011.
27
NVETR Commissioner means:
28
Part 1 Preliminary
Section 6
6
VET Student Loans Bill 2016
No. , 2016
(a) the Chief Commissioner (within the meaning of the National
1
Vocational Education and Training Regulator Act 2011); or
2
(b) a Commissioner (within the meaning of the National
3
Vocational Education and Training Regulator Act 2011).
4
NVETR investigator: see subsection 88(2).
5
NVETR staff member means a member of the staff of the
6
Regulator (within the meaning of the National Vocational
7
Education and Training Regulator Act 2011).
8
officer of an approved course provider means:
9
(a) an officer or employee of an approved course provider; or
10
(b) a person who performs services for or on behalf of an
11
approved course provider.
12
officer of a Tertiary Admission Centre has the same meaning as in
13
the Higher Education Support Act 2003.
14
ongoing information requirements: see subsection 52(1).
15
permanent humanitarian visa has the same meaning as in the
16
Migration Regulations 1994.
17
permitted purpose: see subsection 95(1).
18
personal information has the same meaning as in the Privacy Act
19
1988.
20
provider fee limit: see subsection 34(3).
21
qualifying New Zealand citizen: see subsection 11(2).
22
registered training organisation has the same meaning as in the
23
National Vocational Education and Training Regulator Act 2011.
24
Regulatory Powers Act means the Regulatory Powers (Standard
25
Provisions) Act 2014.
26
responsible parent has the same meaning as in the Australian
27
Citizenship Act 2007.
28
reviewable decision: see paragraph 74(a).
29
Preliminary Part 1
Section 6
No. , 2016
VET Student Loans Bill 2016
7
rules means the rules made under section 116.
1
Secretary means the Secretary of the Department.
2
special category visa has the same meaning as in the Migration Act
3
1958.
4
special circumstances: see subsection 68(3).
5
student includes a prospective student.
6
student entry procedure means a course provider's procedure to
7
ensure that a student is academically suited to undertake a course.
8
student identifier has the same meaning as in the Student
9
Identifiers Act 2014.
10
Table A provider has the same meaning as in the Higher Education
11
Support Act 2003.
12
Table B provider has the same meaning as in the Higher Education
13
Support Act 2003.
14
tax file number has the same meaning as in the Income Tax
15
Assessment Act 1936.
16
TEQSA means the body established by section 132 of the Tertiary
17
Education Quality and Standards Agency Act 2011.
18
this Act includes:
19
(a) the rules; and
20
(b) any other instrument made under this Act; and
21
(c) the Higher Education Support Act 2003 to the extent that it
22
relates to this Act; and
23
(d) any instrument made under the Higher Education Support
24
Act 2003 to the extent that the instrument relates to this Act.
25
tuition assurance arrangement: see subsection 40(1).
26
tuition assurance scheme operator: see subsection 40(1).
27
unacceptable conduct: see subsection 71(2).
28
Part 1 Preliminary
Section 6
8
VET Student Loans Bill 2016
No. , 2016
VET information means information obtained or created for the
1
purposes of this Act.
2
VET officer means:
3
(a) a Commonwealth officer; or
4
(b) an officer of a Tertiary Admission Centre; or
5
(c) an officer of an approved course provider; or
6
(d) an officer of a tuition assurance scheme operator that is a
7
party to an approved tuition assurance arrangement.
8
VET Regulator has the same meaning as in the National
9
Vocational Education and Training Regulator Act 2011.
10
VET student loan: see subsection 7(2).
11
VET student loan debt has the same meaning as in the Higher
12
Education Support Act 2003.
13
Loans to students Part 2
Secretary may approve loans Division 1
Section 7
No. , 2016
VET Student Loans Bill 2016
9
Part 2--Loans to students
1
Division 1--Secretary may approve loans
2
7 Secretary may approve loans
3
(1) The Secretary may approve a loan for a student for a course of
4
study if the Secretary is satisfied that:
5
(a) the student is an eligible student (see Division 2); and
6
(b) the course is an approved course (see Division 3).
7
(2) The loan is a VET student loan.
8
8 Amount of loan
9
The amount of the loan must not be greater than any of the
10
following:
11
(a) the maximum loan amount for the course specified in, or
12
worked out in accordance with, the courses and loan caps
13
determination;
14
(b) the amount that would reduce the student's FEE-HELP
15
balance to zero;
16
(c) the tuition fees for the course.
17
Part 2 Loans to students
Division 2 Eligible students
Section 9
10
VET Student Loans Bill 2016
No. , 2016
Division 2--Eligible students
1
9 Eligible students
2
To be an eligible student, the student must meet the requirements
3
of this Division.
4
10 Enrolment and loan application
5
(1) The student must:
6
(a) be enrolled in the course; and
7
(b) have provided the course provider with any information and
8
documents required by the rules; and
9
(c) meet any other requirements set out in the rules.
10
(2) The student must be undertaking the course primarily at a campus
11
in Australia.
12
(3) The student must have applied for a VET student loan for the
13
course in accordance with Division 4.
14
11 Citizenship and residency
15
(1) The student must be:
16
(a) an Australian citizen; or
17
(b) the holder of a permanent humanitarian visa who is usually
18
resident in Australia; or
19
(c) a qualifying New Zealand citizen.
20
(2) A qualifying New Zealand citizen is a New Zealand citizen who:
21
(a) holds a special category visa; and
22
(b) has been usually resident in Australia for at least 10 years;
23
and
24
(c) was a dependent child when he or she was first usually
25
resident in Australia; and
26
(d) has been in Australia for periods totalling 8 years during the
27
previous 10 years; and
28
Loans to students Part 2
Eligible students Division 2
Section 12
No. , 2016
VET Student Loans Bill 2016
11
(e) has been in Australia for periods totalling 18 months during
1
the previous 2 years.
2
12 Academic suitability
3
(1) The student must have been assessed by the course provider as
4
academically suited to undertake the course concerned.
5
(2) The assessment must have been done in accordance with:
6
(a) the course provider's student entry procedure; and
7
(b) any requirements set out in the rules.
8
(3) The course provider contravenes this subsection if the provider
9
completes, or assists with completing, anything the student is
10
required to do for the purposes of determining whether the student
11
is academically suited to undertake an approved course.
12
Civil penalty:
120 penalty units.
13
Part 2 Loans to students
Division 3 Approved courses
Section 13
12
VET Student Loans Bill 2016
No. , 2016
Division 3--Approved courses
1
13 Approved courses
2
To be an approved course, the course must meet the requirements
3
of this Division.
4
14 Kinds of courses
5
(1) The course must be a structured and integrated program of
6
vocational education or vocational training that leads to one of the
7
following:
8
(a) a qualification:
9
(i) of diploma, advanced diploma, graduate certificate or
10
graduate diploma in the Australian Qualifications
11
Framework; and
12
(ii) that meets the guidelines for a VET award as set out in
13
the Australian Qualifications Framework;
14
(b) a qualification specified by the rules.
15
(2) The course must:
16
(a) be specified in the courses and loan caps determination; and
17
(b) meet any requirements set out in the rules.
18
15 Provision and delivery
19
(1) The course must be provided by an approved course provider and
20
delivered:
21
(a) by the approved course provider; or
22
(b) for the approved course provider by one or more of the
23
following:
24
(i) another approved course provider;
25
(ii) a person or body accredited by TEQSA;
26
(iii) a person or body approved in writing by the Secretary to
27
deliver the course.
28
Loans to students Part 2
Approved courses Division 3
Section 16
No. , 2016
VET Student Loans Bill 2016
13
(2) A reference in subsection (1) to an approved course provider does
1
not include a reference to an approved course provider whose
2
approval is suspended.
3
16 The courses and loan caps determination
4
(1) The Minister may by legislative instrument determine:
5
(a) courses of study for which VET student loans may be
6
approved; and
7
(b) maximum loan amounts, or methods for working out
8
maximum loan amounts, for those courses.
9
(2) The determination is the courses and loan caps determination.
10
(3) The determination may provide for the method set out in Part 5-6
11
of the Higher Education Support Act 2003 to be used to index
12
amounts determined by, or worked out in accordance with, the
13
determination.
14
Part 2 Loans to students
Division 4 Applications for loans
Section 17
14
VET Student Loans Bill 2016
No. , 2016
Division 4--Applications for loans
1
17 Applications for loans
2
(1) An application for a VET student loan for a course must:
3
(a) include the student's tax file number or a certificate from the
4
Commissioner stating that the student has applied to the
5
Commissioner asking the Commissioner to issue a tax file
6
number to the student; and
7
(b) include the student's student identifier (if any).
8
(2) The application:
9
(a) must be in the form approved by the Secretary; and
10
(b) must not be made before the end of any period specified in
11
the rules; and
12
(c) must meet any other requirements set out in the rules.
13
(3) The application must be signed by both the student and a
14
responsible parent of the student if the following apply:
15
(a) the student is under 18 years of age;
16
(b) the student has a responsible parent;
17
(c) the student has not received youth allowance (within the
18
meaning of the Social Security Act 1991) on the basis that the
19
student is independent (within the meaning of Part 2.11 of
20
that Act).
21
(4) The Secretary may request the student to:
22
(a) provide further information for the purposes of deciding the
23
application; and
24
(b) may require some or all of the further information to be
25
provided as a statutory declaration.
26
(5) A course provider contravenes this subsection if the provider
27
completes any part of an application for a VET student loan that
28
the student is required to complete.
29
Civil penalty:
120 penalty units.
30
(6) A course provider contravenes this subsection if:
31
Loans to students Part 2
Applications for loans Division 4
Section 18
No. , 2016
VET Student Loans Bill 2016
15
(a) the provider collects information (including from a student)
1
for the purposes of, or in relation to, applications by students
2
for VET student loans; and
3
(b) the provider:
4
(i) gives the collected information to the Secretary; or
5
(ii) gives the Secretary information based on the collected
6
information; and
7
(c) either or both of the following apply:
8
(i) the collected information omits a material particular or
9
is incorrect in a material particular;
10
(ii) the information based on the collected information
11
omits a material particular or is incorrect in a material
12
particular.
13
Note:
This subsection means that providers will need to verify information
14
they collect from students for the purposes of, or in relation to,
15
applications by students for VET student loans.
16
Civil penalty:
120 penalty units.
17
(7) Subparagraph (6)(c)(i) does not apply if the provider has taken the
18
steps (if any) set out in rules made under subsection 48(1) to verify
19
that the collected information is correct.
20
Note:
Under section 48, the rules may require an approved course provider
21
to have specified processes and procedures in place.
22
(8) Subparagraph (6)(c)(ii) does not apply if:
23
(a) the information is incorrect only because the collected
24
information is incorrect; and
25
(b) the provider has taken the steps (if any) set out in rules made
26
under subsection 48(1) to verify that the collected
27
information is correct.
28
Note:
Under section 48, the rules may require an approved course provider
29
to have specified processes and procedures in place.
30
18 Decisions about loans
31
(1) The Secretary must decide whether or not to approve a VET
32
student loan if:
33
(a) an application is made for the loan; and
34
Part 2 Loans to students
Division 4 Applications for loans
Section 18
16
VET Student Loans Bill 2016
No. , 2016
(b) the application complies with section 17; and
1
(c) the applicant has complied with any request under that
2
section.
3
(2) The Secretary must give written notice of the decision to both:
4
(a) the applicant; and
5
(b) the course provider.
6
(3) The notice must:
7
(a) be given in accordance with any requirements set out in the
8
rules; and
9
(b) if the Secretary decides not to approve the loan--must
10
include the reasons for the decision.
11
(4) The rules may provide for another person to give the notice on the
12
Secretary's behalf.
13
Paying and repaying loan amounts Part 3
Paying loan amounts Division 1
Section 19
No. , 2016
VET Student Loans Bill 2016
17
Part 3--Paying and repaying loan amounts
1
Division 1--Paying loan amounts
2
19 Loan must be used to pay tuition fees
3
(1) If the Secretary approves a VET student loan for a student for a
4
course, the Secretary must use the loan to pay tuition fees for the
5
student for the course.
6
(2) The Secretary may pay loan amounts to the course provider.
7
(3) The Secretary may pay loan amounts:
8
(a) before or after the student begins the course; or
9
(b) after the student has completed the course; or
10
(c) by instalments.
11
(4) Subsections (2) and (3) do not limit the way in which the Secretary
12
may use the loan to pay tuition fees.
13
Note:
If the Secretary uses a loan amount to pay tuition fees for a student,
14
the student incurs a VET student loan debt: see section 137-19 of the
15
Higher Education Support Act 2003.
16
20 When Secretary is not required to pay loan amount
17
The Secretary is not required to pay a loan amount for a student for
18
a course if any of the following applies:
19
(a) the student has not given the Secretary the student's tax file
20
number;
21
(b) the student has not given the Secretary the student's student
22
identifier;
23
(c) the Secretary is satisfied that the student:
24
(i) is not an eligible student; or
25
(ii) is not a genuine student;
26
(d) payment of the amount would breach a provider fee limit;
27
(e) the loan amount is greater than the student's FEE-HELP
28
balance;
29
Part 3 Paying and repaying loan amounts
Division 1 Paying loan amounts
Section 21
18
VET Student Loans Bill 2016
No. , 2016
(f) the Secretary suspects on reasonable grounds that the course
1
provider is not complying with this Act;
2
(g) the approval of the course provider has been revoked or
3
suspended, or has expired.
4
Note:
For provider fee limit, see subsection 34(3).
5
21 Notice about payment of loan amount
6
(1) If the Secretary decides not to pay a loan amount for a student for a
7
course, the Secretary must notify the course provider of the
8
decision as soon as practicable.
9
(2) The rules may set out requirements in relation to notifying the
10
following that loan amounts have been or will be, or have not been
11
or will not be, paid:
12
(a) course providers;
13
(b) students;
14
(c) other persons.
15
Paying and repaying loan amounts Part 3
Repaying loan amounts Division 2
Section 22
No. , 2016
VET Student Loans Bill 2016
19
Division 2--Repaying loan amounts
1
22 When course provider must repay loan amount
2
(1) The course provider must pay to the Commonwealth an amount
3
equal to a loan amount that was:
4
(a) used to pay tuition fees for a student for a course; and
5
(b) re-credited to the student's FEE-HELP balance.
6
Note 1:
For re-crediting FEE-HELP balances, see Part 6.
7
Note 2:
If a student's FEE-HELP balance is re-credited, the student's VET
8
student loan debt is taken to be remitted to the extent to which the
9
VET student loan debt relates to the loan amount concerned: see
10
section 137-19 of the Higher Education Support Act 2003.
11
(2) A course provider must pay to the Commonwealth an amount
12
equal to any amount that was purportedly paid to the provider
13
under this Act that was not payable.
14
(3) A course provider must pay to the Commonwealth an amount
15
equal to any amount paid to the provider that exceeded a provider
16
fee limit imposed on the provider.
17
Note:
For provider fee limit, see subsection 34(3).
18
(4) An amount that a course provider must pay under this section is a
19
debt due to the Commonwealth by the provider.
20
(5) The Commonwealth may recover the debt from one or more loan
21
amounts that would otherwise be payable to the course provider in
22
relation to a student.
23
(6) If a debt is recovered from a loan amount that is otherwise payable
24
in relation to a student, the amount recovered is taken to have been
25
paid to the course provider in relation to the student.
26
Part 3 Paying and repaying loan amounts
Division 2 Repaying loan amounts
Section 23
20
VET Student Loans Bill 2016
No. , 2016
23 When tuition assurance scheme operator may be required to
1
repay loan amount
2
The course provider and the tuition assurance scheme operator are
3
jointly and severally liable to pay a debt due to the Commonwealth
4
if:
5
(a) the debt is due because a student's FEE-HELP balance was
6
re-credited (see subsection 22(1)); and
7
(b) the student's FEE-HELP balance was re-credited because a
8
course was not delivered to completion; and
9
(c) an approved tuition assurance arrangement applies (or
10
applied) in relation to the student for the course.
11
Approved course providers Part 4
Approving course providers Division 1
Section 24
No. , 2016
VET Student Loans Bill 2016
21
Part 4--Approved course providers
1
Division 1--Approving course providers
2
24 Meaning of approved course provider
3
A body approved by the Secretary under this Division is an
4
approved course provider.
5
25 Secretary may approve a body
6
(1) The Secretary may approve a body as an approved course provider
7
if the Secretary is satisfied that the body meets the course provider
8
requirements.
9
(2) To meet the course provider requirements the body must:
10
(a) be a body corporate that is not a trustee; and
11
(b) be established under the law of the Commonwealth, a State
12
or a Territory; and
13
(c) carry on business in Australia and have its central
14
management and control in Australia; and
15
(d) be a registered training organisation; and
16
(e) meet the provider suitability requirements; and
17
(f) be a fit and proper person; and
18
(g) be a party to an approved tuition assurance arrangement.
19
(3) The Secretary may, in writing, exempt a body from the
20
requirement in paragraph (2)(g) to be a party to an approved tuition
21
assurance arrangement.
22
(4) An exemption under subsection (3) is subject to such conditions as
23
are specified in the exemption.
24
26 Provider suitability requirements
25
(1) The rules may set out provider suitability requirements for the
26
purposes of ensuring that loan amounts are paid to suitable course
27
providers.
28
Part 4 Approved course providers
Division 1 Approving course providers
Section 27
22
VET Student Loans Bill 2016
No. , 2016
(2) The provider suitability requirements may deal with the following
1
in relation to a course provider:
2
(a) financial performance;
3
(b) management and governance;
4
(c) experience in providing vocational education;
5
(d) scope of courses;
6
(e) fees and modes of delivery for courses;
7
(f) student outcomes;
8
(g) industry links.
9
(3) Subsection (2) does not limit the provider suitability requirements.
10
27 Listed course providers may be taken to meet requirements
11
(1) The rules may provide for a listed course provider to be taken to
12
meet one or more course provider requirements.
13
(2) Each of the following is a listed course provider as long as it is a
14
registered training organisation:
15
(a) a Table A provider;
16
(b) a Table B provider;
17
(c) a body established to provide vocational education or training
18
under one of the following:
19
(i) the Technical and Further Education Commission Act
20
1990 (NSW);
21
(ii) the Education and Training Reform Act 2006 (Vic.);
22
(iii) the TAFE Queensland Act 2013 (Qld);
23
(iv) the Vocational Education and Training Act 1996 (WA);
24
(v) the TAFE SA Act 2012 (SA);
25
(vi) the Training and Workforce Development Act 2013
26
(Tas.);
27
(vii) the Canberra Institute of Technology Act 1987 (ACT);
28
(d) a training organisation owned by the Commonwealth, a State
29
or a Territory;
30
(e) a body specified in the rules.
31
Approved course providers Part 4
Approving course providers Division 1
Section 28
No. , 2016
VET Student Loans Bill 2016
23
28 Application for approval
1
(1) A body may apply to the Secretary for approval as an approved
2
course provider.
3
(2) The application must be:
4
(a) in the form approved by the Secretary; and
5
(b) accompanied by the application fee for the application.
6
(3) The Secretary may request the applicant to:
7
(a) provide further information for the purposes of deciding the
8
application; and
9
(b) may require some or all of the further information to be
10
provided as a statutory declaration.
11
(4) The rules may set out requirements in relation to applying for
12
approval.
13
29 Period of approval
14
(1) Approval as an approved course provider has effect for the period
15
specified in the approval.
16
(2) The period must not be more than 7 years.
17
(3) This section has effect subject to section 33.
18
30 Decisions about approval
19
(1) This section applies if:
20
(a) a body applies to the Secretary for approval as an approved
21
course provider; and
22
(b) the Secretary considers and decides the application.
23
Note:
The Secretary is not required to consider or decide an application for
24
approval as an approved course provider: see section 32.
25
(2) The Secretary must give written notice of the decision to the body.
26
(3) The notice must:
27
(a) be given in accordance with any requirements set out in the
28
rules; and
29
Part 4 Approved course providers
Division 1 Approving course providers
Section 31
24
VET Student Loans Bill 2016
No. , 2016
(b) if the Secretary decides to approve the body for a period of
1
less than 7 years--include the reasons for the period being
2
less than 7 years.
3
31 Fees for applications
4
(1) The Secretary may, by legislative instrument, prescribe fees, or a
5
method of working out fees, for making applications for approval
6
as an approved course provider.
7
(2) A fee for making an application for approval as an approved course
8
provider must not be such as to amount to taxation.
9
32 When Secretary is not required to consider application
10
(1) The Secretary is not required to consider or decide an application
11
for approval as an approved course provider:
12
(a) if the application does not comply with section 28; or
13
(b) in circumstances set out in the rules.
14
(2) If the Secretary does not consider or decide an application, the
15
Secretary must:
16
(a) give the applicant written notice of, and reasons for, not so
17
considering or deciding; and
18
(b) refund any application fee for the application.
19
(3) The notice must be given within 30 days after the application is
20
made, otherwise the Secretary must consider and decide the
21
application.
22
33 Period of approval extends to cover decision on re-approval
23
(1) This section applies if:
24
(a) a body is approved (the current approval) as an approved
25
course provider; and
26
(b) the body applies for approval as an approved course provider
27
for a further period; and
28
(c) the application is made before the beginning of:
29
Approved course providers Part 4
Approving course providers Division 1
Section 33
No. , 2016
VET Student Loans Bill 2016
25
(i) the period of 90 days before the current approval ends;
1
or
2
(ii) such shorter period as the Secretary allows.
3
(2) The provider's current approval continues in effect until the
4
application is decided.
5
Part 4 Approved course providers
Division 2 Conditions of approval
Section 34
26
VET Student Loans Bill 2016
No. , 2016
Division 2--Conditions of approval
1
34 Secretary may impose conditions
2
(1) The Secretary may, at any time:
3
(a) impose conditions on the approval of an approved course
4
provider; or
5
(b) vary a condition of the approval.
6
(2) The conditions may include the following:
7
(a) that one or more provider fee limits apply to the provider;
8
(b) that loan amounts will be paid to the provider for specified
9
approved courses only;
10
(c) that an approved course provided by the provider will:
11
(i) be delivered in a particular way; or
12
(ii) address particular content or skills.
13
(3) A provider fee limit is a limit on loan amounts that can be paid to a
14
provider:
15
(a) for a particular period; or
16
(b) for a particular approved course; or
17
(c) for a particular approved course for a particular period.
18
(4) Subsection (2) does not limit the conditions the Secretary may
19
impose on the approval.
20
(5) The Secretary must give the provider written notice of, and written
21
reasons for:
22
(a) imposing a condition on the approval; or
23
(b) varying a condition of the approval.
24
(6) The rules may set out requirements in relation to giving such notice
25
and reasons.
26
Approved course providers Part 4
Revoking and suspending approvals Division 3
Section 35
No. , 2016
VET Student Loans Bill 2016
27
Division 3--Revoking and suspending approvals
1
35 Automatic revocation on winding up
2
If an approved course provider is wound up, the approval of the
3
body is revoked when the winding up commences.
4
Note:
Commence, in relation to winding up, has the same meaning as in the
5
Corporations Act 2001: see section 6.
6
36 Secretary may revoke or suspend approval
7
(1) The Secretary may revoke or suspend the approval of an approved
8
course provider if the Secretary is satisfied that the provider is not
9
complying with this Act.
10
(2) Before revoking or suspending the approval, the Secretary must
11
give the provider written notice (the intention notice) of the
12
following:
13
(a) that the Secretary is proposing to revoke or suspend the
14
approval;
15
(b) the reasons why the Secretary is proposing to revoke or
16
suspend the approval;
17
(c) that the provider may make written submissions to the
18
Secretary as to why the Secretary should not revoke or
19
suspend the approval;
20
(d) that the written submissions must be given to the Secretary
21
within the period (the submission period):
22
(i) for proposed suspension--that ends 14 days after the
23
intention notice is given; or
24
(ii) for proposed revocation--that ends 28 days after the
25
intention notice is given.
26
(3) The Secretary must consider any submissions given by the
27
provider within the submission period.
28
(4) The Secretary must give the provider written notice (the decision
29
notice) of:
30
(a) the Secretary's decision on the suspension or revocation; and
31
Part 4 Approved course providers
Division 3 Revoking and suspending approvals
Section 37
28
VET Student Loans Bill 2016
No. , 2016
(b) the reasons for the decision.
1
The decision notice must be given within 28 days after the end of
2
the submission period.
3
(5) If the Secretary revokes or suspends the approval, the revocation or
4
suspension takes effect on the day specified in the decision notice,
5
which must not be a day before the decision is made.
6
(6) A decision to suspend or revoke is not invalid merely because the
7
Secretary failed to give the decision notice within the time required
8
under subsection (4).
9
Note:
The Secretary may publish information about compliance action that
10
has been taken under this Act: see section 103.
11
37 Immediate suspension in certain circumstances
12
(1) The Secretary may suspend the approval of an approved course
13
provider (without giving the provider an intention notice under
14
section 36) if:
15
(a) the Secretary suspects on reasonable grounds that the
16
provider is not complying with this Act; and
17
(b) the Secretary is satisfied that the circumstances require
18
urgent action.
19
(2) The Secretary must give the provider written notice of:
20
(a) the suspension; and
21
(b) the reasons for the suspension; and
22
(c) the effect of subsection (4).
23
(3) The suspension begins at the time specified in the notice, which
24
must not be before the notice is given.
25
(4) Unless subsection (5) or (6) applies, the suspension ends when one
26
of the following happens:
27
(a) the Secretary notifies the provider in writing that the
28
suspension has ended;
29
(b) 14 days have passed since the suspension began.
30
(5) If, within 14 days after the suspension began, the Secretary gives
31
the provider an intention notice under section 36, the suspension
32
Approved course providers Part 4
Revoking and suspending approvals Division 3
Section 38
No. , 2016
VET Student Loans Bill 2016
29
ends when the Secretary gives the provider the decision notice
1
under that section.
2
(6) If, within 14 days after the suspension began, the Secretary
3
requires the provider to be audited under section 45, the suspension
4
ends:
5
(a) unless paragraph (b) applies--14 days after the Secretary
6
receives the report on the audit; or
7
(b) if, within that 14 days, the Secretary gives the provider an
8
intention notice under section 36--when the Secretary gives
9
the provider the decision notice under that section.
10
Note:
The Secretary may publish information about compliance action that
11
has been taken under this Act: see section 103.
12
38 Secretary must revoke approval on provider request
13
If an approved course provider makes a written request to the
14
Secretary for the approval of the provider to be revoked, the
15
Secretary must:
16
(a) revoke the approval; and
17
(b) give the provider written notice of the revocation.
18
39 Secretary to notify relevant VET Regulator if approval is
19
revoked or suspended
20
If the approval of an approved course provider is revoked or
21
suspended, the Secretary must give the relevant VET Regulator
22
notice in writing of the revocation or suspension.
23
Part 4 Approved course providers
Division 4 Tuition assurance
Section 40
30
VET Student Loans Bill 2016
No. , 2016
Division 4--Tuition assurance
1
40 Tuition assurance arrangements
2
(1) A tuition assurance arrangement is an arrangement between a
3
course provider and another person (the tuition assurance scheme
4
operator) under which the tuition assurance scheme operator is to
5
do certain things if a course provider ceases to provide a course at
6
any time after it starts but before it is completed.
7
(2) The arrangement is an approved tuition assurance arrangement if:
8
(a) the arrangement meets any requirements set out in the rules;
9
and
10
(b) under the arrangement, the tuition assurance scheme operator
11
must:
12
(i) provide for students whose tuition fees are covered by a
13
VET student loan to be able to finish the course, or an
14
equivalent course; or
15
(ii) repay a student's tuition fees if the fees were paid using
16
a VET student loan and it is impractical for the student
17
to finish the course, or an equivalent course.
18
(3) To the extent to which the student's tuition fees were paid using
19
the VET student loan, the fees must be repaid to the
20
Commonwealth under subparagraph (2)(b)(ii).
21
41 Secretary may require tuition assurance scheme operator to act
22
(1) This section applies if:
23
(a) an approved tuition assurance arrangement applies (or
24
applied) in relation to a student for a course; and
25
(b) the Secretary is satisfied the provider ceased to provide the
26
course after it started but before it was completed.
27
(2) The Secretary may require the tuition assurance scheme operator
28
to:
29
Approved course providers Part 4
Tuition assurance Division 4
Section 42
No. , 2016
VET Student Loans Bill 2016
31
(a) provide for students whose tuition fees are covered by a VET
1
student loan to be able to finish the course, or an equivalent
2
course; or
3
(b) repay a student's tuition fees if the fees were paid using a
4
VET student loan and it is impractical for the student to
5
finish the course, or an equivalent course.
6
(3) A tuition assurance scheme operator must comply with a
7
requirement under subsection (2).
8
42 Other requirements for tuition assurance scheme operators
9
(1) The rules may set out requirements that must be met by a tuition
10
assurance scheme operator who is, or was, a party to a tuition
11
assurance arrangement with an approved course provider.
12
(2) The requirements may include one or more of the following:
13
(a) to provide to the Secretary specified information in relation
14
to the tuition assurance arrangement;
15
(b) to provide to the Secretary information in relation to the
16
financial viability of the operator;
17
(c) to provide specified information or assistance to students
18
covered by the arrangement.
19
(3) Subsection (2) does not limit the requirements that may be set out
20
under subsection (1).
21
Part 4 Approved course providers
Division 5 Ensuring compliance
Section 43
32
VET Student Loans Bill 2016
No. , 2016
Division 5--Ensuring compliance
1
43 Compliance notices
2
(1) This section applies if the Secretary:
3
(a) is satisfied that an approved course provider is not complying
4
with this Act; or
5
(b) is aware of information that suggests that an approved course
6
provider may not be complying with this Act.
7
(2) The Secretary may give the provider a compliance notice.
8
(3) The compliance notice must:
9
(a) set out the name of the provider to which the notice is given;
10
and
11
(b) set out brief details of the non-compliance or possible
12
non-compliance; and
13
(c) specify action that the provider must take, or refrain from
14
taking, in order to address the non-compliance or possible
15
non-compliance; and
16
(d) specify a reasonable period within which the provider must
17
take, or refrain from taking, the specified action; and
18
(e) if the Secretary considers it appropriate--specify a
19
reasonable period within which the provider must provide the
20
Secretary with evidence that the provider has taken, or
21
refrained from taking, the specified action; and
22
(f) state that a failure to comply with the notice is subject to a
23
civil penalty and may also lead to the provider's approval
24
being suspended or revoked; and
25
(g) set out any other matters specified in the rules for the
26
purposes of this paragraph.
27
(4) An approved course provider contravenes this subsection if the
28
provider fails to comply with a compliance notice.
29
Civil penalty:
60 penalty units.
30
Approved course providers Part 4
Ensuring compliance Division 5
Section 44
No. , 2016
VET Student Loans Bill 2016
33
(5) To avoid doubt, the Secretary is not required to give an approved
1
course provider a compliance notice before suspending or revoking
2
the provider's approval.
3
44 Varying and revoking compliance notices
4
(1) The Secretary may, by written notice given to an approved course
5
provider, vary or revoke a compliance notice if the Secretary
6
considers that taking such action is in the public interest.
7
Note:
A variation could, for example, specify different action to be taken by
8
the provider or a different period for complying with the notice.
9
(2) In deciding whether to vary or revoke a compliance notice, the
10
Secretary must consider any submissions that are received from the
11
provider before the end of the period mentioned in
12
paragraph 43(3)(d).
13
45 Compliance audits
14
(1) The Secretary may require an approved course provider to be
15
audited.
16
(2) The audit (the compliance audit) must be for the purposes of
17
determining either or both of the following:
18
(a) whether the provider is complying with this Act;
19
(b) whether one or more students enrolled by the provider are
20
genuine students.
21
(3) The audit must be conducted:
22
(a) by:
23
(i) the National VET Regulator; or
24
(ii) an auditor approved in writing by the Secretary; and
25
(b) at such time or times, and in such manner, as the Secretary
26
requires.
27
(4) The auditor may require any person to provide the auditor with all
28
reasonable facilities and assistance for the purposes of the audit.
29
(5) A person contravenes this subsection if the person fails to
30
cooperate fully with the auditor in relation to a compliance audit.
31
Part 4 Approved course providers
Division 5 Ensuring compliance
Section 46
34
VET Student Loans Bill 2016
No. , 2016
Civil penalty:
60 penalty units.
1
46 Approved course provider must cooperate
2
An approved course provider contravenes this section if the
3
provider fails to cooperate fully with any of the following in
4
ensuring compliance with, and the efficient and effective
5
administration of, this Act:
6
(a) a VET Regulator;
7
(b) the Secretary;
8
(c) an APS employee in the Department;
9
(d) a consultant engaged by the Commonwealth to perform work
10
in relation to this Act.
11
Civil penalty:
60 penalty units.
12
Other requirements for approved course providers Part 5
General Division 1
Section 47
No. , 2016
VET Student Loans Bill 2016
35
Part 5--Other requirements for approved course
1
providers
2
Division 1--General
3
47 Conditions of approval and course provider requirements
4
(1) An approved course provider must comply with any conditions
5
imposed on the provider's approval.
6
(2) An approved course provider must continue to meet the course
7
provider requirements.
8
48 Provider must have certain processes and procedures
9
(1) The rules may require an approved course provider to have
10
specified processes and procedures in place.
11
(2) The processes and procedures may relate to one or more of the
12
following:
13
(a) information the provider collects for the purposes of, or in
14
relation to, applications by students for VET student loans;
15
(b) processes or procedures for students to enrol in courses
16
(including student entry procedures) and withdraw from
17
courses;
18
(c) tuition assurance;
19
(d) student grievances;
20
(e) equal benefits and opportunities for students;
21
(f) review of decisions.
22
(3) Subsection (2) does not limit the processes and procedures that
23
may be required by the rules.
24
(4) The rules may specify requirements to be met in establishing and
25
operating the processes and procedures.
26
(5) An approved course provider contravenes this subsection if the
27
provider fails to comply with rules made under this section.
28
Part 5 Other requirements for approved course providers
Division 1 General
Section 49
36
VET Student Loans Bill 2016
No. , 2016
Civil penalty:
60 penalty units.
1
49 Provider must not use broker or agent
2
(1) An approved course provider contravenes this subsection if the
3
provider enters into an arrangement (whether written or not) that
4
provides for another person to do one or more of the following in
5
relation to a course provided by the provider:
6
(a) enrol students, or accept an application to enrol students, on
7
the basis or understanding, that some or all of the students'
8
tuition fees for the course will be covered by a VET student
9
loan (however described);
10
(b) mention the availability of VET student loans (however
11
described) for the course in any marketing or promotion;
12
(c) provide information or advice in relation to VET student
13
loans (however described) for the course;
14
(d) assist students to complete or submit applications for a VET
15
student loan for the course;
16
(e) assist, or provide support for, students who could be eligible
17
for a VET student loan for the course to complete any
18
assessments required to show that students are academically
19
suited to undertake the course.
20
Civil penalty:
60 penalty units.
21
(2) Subsection (1) does not apply in relation to an arrangement that is:
22
(a) a contract of employment; or
23
(b) specified in the rules.
24
Note:
Employees of approved course providers will be covered by other
25
requirements that apply to approved course providers.
26
Other requirements for approved course providers Part 5
Information Division 2
Section 50
No. , 2016
VET Student Loans Bill 2016
37
Division 2--Information
1
50 Information for students
2
(1) The rules may require an approved course provider to do one or
3
more of the following in relation to VET student loans or the
4
operation of this Act:
5
(a) give particular information to students;
6
(b) give information to students in a particular way;
7
(c) give information to students at a particular time.
8
(2) An approved course provider contravenes this subsection if the
9
provider fails to comply with rules made under subsection (1).
10
Civil penalty:
60 penalty units.
11
(3) An approved course provider commits an offence of strict liability
12
if the provider fails to comply with rules made under
13
subsection (1).
14
Penalty: 60 penalty units.
15
51 Retaining information and documents
16
(1) An approved course provider must retain documents and
17
information:
18
(a) related to the operation of this Act; and
19
(b) specified by the rules.
20
(2) The documents and information must be retained for:
21
(a) the period specified in the rules; or
22
(b) if no period is specified--7 years.
23
(3) An approved course provider contravenes this subsection if the
24
provider fails to retain documents and information in accordance
25
with this section.
26
Civil penalty:
60 penalty units.
27
Part 5 Other requirements for approved course providers
Division 2 Information
Section 52
38
VET Student Loans Bill 2016
No. , 2016
(4) An approved course provider commits an offence of strict liability
1
if the provider contravenes this section.
2
Penalty: 60 penalty units.
3
52 Ongoing information requirements
4
(1) The rules may set out ongoing information requirements for the
5
purposes of ensuring that:
6
(a) approved course providers are complying with this Act: and
7
(b) the Secretary has access to information and documents
8
related to the operation of this Act.
9
(2) The ongoing information requirements may require an approved
10
course provider to do one or more of the following:
11
(a) be audited in circumstances set out in the rules, including by
12
a specified person, and provide reports of audits to the
13
Secretary;
14
(b) provide the Secretary with specified information or
15
documents, including in relation to the following:
16
(i) the provider's financial position;
17
(ii) courses of study provided by the provider and the
18
delivery of those courses;
19
(iii) the provider's students (including information and
20
documents relating to enrolment, attendance,
21
completion rates, education outcomes and existing and
22
projected enrolment numbers);
23
(iv) the administration and operation of the business of the
24
provider;
25
(v) tuition fees charged by the provider;
26
(vi) the provider's plans for improving its business;
27
(vii) changes in the provider's key personnel;
28
(viii) changes in the provider's management or governance
29
arrangements;
30
(ix) information the provider has collected for the purposes
31
of, or in relation to, applications by students for VET
32
student loans;
33
Other requirements for approved course providers Part 5
Information Division 2
Section 53
No. , 2016
VET Student Loans Bill 2016
39
(c) notify the Secretary if the provider is not complying with this
1
Act, or particular provisions of this Act;
2
(d) provide the information in a particular form, including as a
3
statutory declaration.
4
(3) Subsection (2) does not limit the ongoing information
5
requirements.
6
(4) An approved course provider contravenes this subsection if the
7
provider fails to comply with the ongoing information
8
requirements.
9
Civil penalty:
60 penalty units.
10
(5) An approved course provider commits an offence of strict liability
11
if the provider fails to comply with the ongoing information
12
requirements.
13
Penalty: 60 penalty units.
14
53 Secretary may request information
15
(1) The Secretary may, by notice in writing, require an approved
16
course provider to give the Secretary information or documents
17
that relate to:
18
(a) the provision of vocational education and training by the
19
provider; or
20
(b) the provider's compliance with this Act.
21
(2) The information or documents must be provided:
22
(a) in the form specified in the notice, which may be a statutory
23
declaration; and
24
(b) in accordance with other requirements specified in the notice.
25
(3) A notice under this section must not require the giving of
26
information or documents that the provider is required to give to
27
the Secretary under any other provision of this Act.
28
(4) An approved course provider contravenes this subsection if the
29
provider fails to comply with a notice given under this section.
30
Part 5 Other requirements for approved course providers
Division 2 Information
Section 54
40
VET Student Loans Bill 2016
No. , 2016
Civil penalty:
60 penalty units.
1
(5) An approved course provider commits an offence of strict liability
2
if the provider fails to comply with a notice given under this
3
section.
4
Penalty: 60 penalty units.
5
54 Dealing with personal information
6
(1) An approved course provider must comply with the Australian
7
Privacy Principles in relation to personal information obtained for
8
the purposes of this Act.
9
(2) A failure to comply with subsection (1) constitutes an act or
10
practice involving an interference with the privacy of the
11
individual concerned for the purposes of section 13 of the Privacy
12
Act 1988.
13
Note:
The act or practice may be the subject of a complaint under section 36
14
of that Act.
15
(3) The provider must have a procedure under which a student enrolled
16
with the provider may apply to the provider for, and receive, a
17
copy of personal information that the provider holds in relation to
18
the student.
19
(4) The provider must comply with any requirements set out in the
20
rules relating to the management of personal information.
21
Other requirements for approved course providers Part 5
Fees Division 3
Section 55
No. , 2016
VET Student Loans Bill 2016
41
Division 3--Fees
1
55 Determining tuition fees
2
(1) An approved course provider must determine the tuition fees for
3
each approved course offered by the provider for a particular
4
period.
5
(2) The rules may specify the following in relation to tuition fees for
6
an approved course:
7
(a) matters to which an approved course provider must or must
8
not have regard in determining tuition fees;
9
(b) goods or services that must not be covered by tuition fees;
10
(c) how and when tuition fees may be charged;
11
(d) how and when tuition fees may be varied.
12
(3) An approved course provider contravenes this subsection if the
13
provider fails to comply with the requirements of the rules in
14
relation to tuition fees for approved courses.
15
Civil penalty:
120 penalty units.
16
56 Student not liable for covered fees
17
(1) If an approved course provider enrols a student in a course, the
18
provider must give the student a written statement as to whether or
19
not the enrolment is accepted on the basis that some or all of the
20
tuition fees for the course will be covered by a VET student loan.
21
(2) The statement must:
22
(a) be given in accordance with the rules; and
23
(b) if the enrolment is accepted on the basis that only some of the
24
tuition fees for the course will be covered--show the
25
amounts of the tuition fees that will, and will not, be covered
26
by the VET student loan; and
27
(c) meet any other requirements set out in the rules.
28
(3) Fees stated to be covered by a VET student loan are covered fees.
29
Part 5 Other requirements for approved course providers
Division 3 Fees
Section 57
42
VET Student Loans Bill 2016
No. , 2016
(4) An approved course provider contravenes this subsection if the
1
provider requires a student to pay covered fees.
2
Civil penalty:
120 penalty units.
3
57 Publishing tuition fees
4
An approved course provider contravenes this section if:
5
(a) the provider enrols a student in a course on the basis that
6
some or all of the tuition fees for the course are covered fees;
7
and
8
(b) on the day before the student is enrolled, the tuition fees for
9
the course were not available on the provider's website in a
10
way that was readily accessible by the public.
11
Civil penalty:
60 penalty units.
12
Other requirements for approved course providers Part 5
Census days Division 4
Section 58
No. , 2016
VET Student Loans Bill 2016
43
Division 4--Census days
1
58 Determining and publishing census days
2
(1) This section applies if an approved course provider offers an
3
approved course for a particular period.
4
(2) The provider must determine the date or dates for the course by
5
which a student's enrolment in the course can be cancelled without
6
the student incurring tuition fees for the course or a part of the
7
course.
8
(3) A date by which enrolment may be cancelled without incurring
9
tuition fees for the course or a part of the course is a census day.
10
(4) A census day must be:
11
(a) determined in accordance with any requirements set out in
12
the rules; and
13
(b) published in accordance with any requirements set out in the
14
rules.
15
(5) Once published, the provider must not vary a census day otherwise
16
than in accordance with the rules.
17
(6) An approved course provider contravenes this subsection if the
18
provider fails to determine or publish a census day in accordance
19
with the rules.
20
Civil penalty:
60 penalty units.
21
(7) An approved course provider contravenes this subsection if the
22
provider varies a census day other than in accordance with the
23
rules.
24
Civil penalty:
60 penalty units.
25
59 No penalty for cancelling enrolment before census day
26
(1) An approved course provider contravenes this subsection if:
27
Part 5 Other requirements for approved course providers
Division 4 Census days
Section 59
44
VET Student Loans Bill 2016
No. , 2016
(a) the provider enrols a student in a course on the basis that
1
some or all of the tuition fees for the course are covered fees;
2
and
3
(b) on or before a census day for the course, the student requests
4
in writing that the provider cancel the enrolment; and
5
(c) the provider fails to cancel the enrolment before the end of
6
the census day.
7
Civil penalty:
120 penalty units.
8
(2) An approved course provider contravenes this subsection if:
9
(a) the provider enrols a student in a course on the basis that
10
some or all of the tuition fees for the course are covered fees;
11
and
12
(b) on or before the last census day for the course, the student
13
requests in writing that the provider cancel the enrolment;
14
and
15
(c) the provider charges a fee (however described) for cancelling
16
the enrolment.
17
Civil penalty:
120 penalty units.
18
(3) An approved course provider contravenes this subsection if:
19
(a) the provider enrols a student in a course on the basis that
20
some or all of the tuition fees for the course are covered fees;
21
and
22
(b) the provider engages in conduct that:
23
(i) prevents the student from cancelling the enrolment; or
24
(ii) unnecessarily inconveniences the student in relation to
25
cancelling the enrolment.
26
Civil penalty:
120 penalty units.
27
Other requirements for approved course providers Part 5
Marketing Division 5
Section 60
No. , 2016
VET Student Loans Bill 2016
45
Division 5--Marketing
1
60 Misrepresenting VET student loans
2
An approved course provider contravenes this section if the
3
provider represents, whether by publishing or otherwise, that a
4
VET student loan:
5
(a) is not a loan; or
6
(b) does not have to be repaid.
7
Civil penalty:
240 penalty units.
8
61 Offering certain inducements
9
(1) An approved course provider contravenes this subsection if:
10
(a) the provider:
11
(i) offers or provides a benefit; or
12
(ii) causes a benefit to be offered or provided; and
13
(b) the benefit would be reasonably likely to induce a person to
14
apply for a VET student loan for a course.
15
Civil penalty:
120 penalty units.
16
(2) Subsection (1) does not apply in relation to a benefit specified in
17
the rules.
18
62 Engaging in cold-calling
19
(1) An approved course provider contravenes this subsection if:
20
(a) the provider cold-calls another person to market, advertise or
21
promote a course; and
22
(b) when doing so, or as a result of doing so, the provider
23
mentions the possible availability of a VET student loan
24
(however described) for students undertaking the course.
25
Civil penalty:
60 penalty units.
26
(2) Cold-calling includes making unsolicited contact with a student:
27
(a) in person; or
28
Part 5 Other requirements for approved course providers
Division 5 Marketing
Section 63
46
VET Student Loans Bill 2016
No. , 2016
(b) by telephone, email or other form of electronic
1
communication.
2
Note:
Student includes a prospective student: see section 6.
3
(3) The rules may set out conduct that is taken to be cold-calling.
4
63 Use of third party contact lists
5
(1) An approved course provider contravenes this subsection if:
6
(a) the provider receives a student's contact details from another
7
person; and
8
(b) the provider contacts the student to market, advertise or
9
promote a course; and
10
(c) when doing so, or as a result of doing so, the provider
11
mentions the possible availability of a VET student loan
12
(however described) for students undertaking the course.
13
Civil penalty:
60 penalty units.
14
(2) Subsection (1) does not apply if the student has given express
15
consent to being contacted by the particular provider.
16
64 Other marketing requirements
17
(1) The rules may set out requirements in relation to marketing of
18
courses in circumstances where tuition fees for the courses could
19
be covered by VET student loans.
20
(2) An approved course provider contravenes this subsection if the
21
provider fails to comply with rules made for the purposes of
22
subsection (1).
23
Civil penalty:
60 penalty units.
24
Other requirements for approved course providers Part 5
Personal liability for executive officers Division 6
Section 65
No. , 2016
VET Student Loans Bill 2016
47
Division 6--Personal liability for executive officers
1
65 Personal liability for executive officers
2
(1) An executive officer of an approved course provider commits an
3
offence if:
4
(a) the provider commits an offence against this Act; and
5
(b) the officer knew that the offence would be committed; and
6
(c) the officer was in a position to influence the conduct of the
7
provider in relation to the commission of the offence; and
8
(d) the officer failed to take all reasonable steps to prevent the
9
commission of the offence.
10
(2) The maximum penalty for an offence against subsection (1) is
11
one-fifth of the maximum penalty that could be imposed for the
12
offence committed by the provider.
13
(3) An executive officer of an approved course provider contravenes
14
this subsection if:
15
(a) the provider contravenes a civil penalty provision of this Act;
16
and
17
(b) the officer knew that the contravention would occur; and
18
(c) the officer was in a position to influence the conduct of the
19
provider in relation to the contravention; and
20
(d) the officer failed to take all reasonable steps to prevent the
21
contravention.
22
(4) The maximum civil penalty for a contravention of subsection (3) is
23
one-fifth of the maximum penalty that could be imposed for the
24
contravention of the civil penalty provision by the provider.
25
66 Reasonable steps to prevent offence or contravention
26
(1) For the purposes of section 65, in determining whether an
27
executive officer of an approved course provider failed to take all
28
reasonable steps to prevent the commission of an offence, or the
29
contravention of a civil penalty provision, a court is to have regard
30
to:
31
Part 5 Other requirements for approved course providers
Division 6 Personal liability for executive officers
Section 66
48
VET Student Loans Bill 2016
No. , 2016
(a) what action (if any) the officer took towards ensuring that the
1
provider's employees, agents and contractors had a
2
reasonable knowledge and understanding of the requirements
3
to comply with this Act, in so far as those requirements
4
affected the employees, agents or contractors concerned; and
5
(b) what action (if any) the officer took when he or she became
6
aware of the offence or contravention.
7
(2) This section does not limit the matters to which the court may have
8
regard.
9
Re-crediting FEE-HELP balances Part 6
Application of Part Division 1
Section 67
No. , 2016
VET Student Loans Bill 2016
49
Part 6--Re-crediting FEE-HELP balances
1
Division 1--Application of Part
2
67 Application of Part
3
This Part applies if an amount of a VET student loan has been used
4
to pay tuition fees for a student for a course, or a part of a course.
5
Note:
If a student's FEE-HELP balance is re-credited under this Part, the
6
student's VET student loan debt is taken to be remitted to the extent to
7
which the VET student loan debt relates to the loan amount
8
concerned: see section 137-19 of the Higher Education Support Act
9
2003.
10
Part 6 Re-crediting FEE-HELP balances
Division 2 Re-crediting by course provider
Section 68
50
VET Student Loans Bill 2016
No. , 2016
Division 2--Re-crediting by course provider
1
68 Special circumstances
2
(1) The course provider must, on the Secretary's behalf, re-credit a
3
student's FEE-HELP balance if:
4
(a) the student applies to the provider in writing for the re-credit;
5
and
6
(b) the application is made within 12 months after the census day
7
for the course, or the part of the course; and
8
(c) the provider is satisfied that special circumstances prevented,
9
or will prevent, the student from completing the requirements
10
for the course, or the part of the course.
11
(2) The course provider may extend the period for making the
12
application mentioned in paragraph (1)(b).
13
(3) Circumstances are special circumstances if they:
14
(a) are beyond the student's control; and
15
(b) do not make their full impact on the student until on or after
16
the census day for the course, or the part of the course; and
17
(c) make it impracticable for the student to complete the
18
requirements for the course, or the part of the course, during
19
the student's enrolment in the course, or the part of the
20
course.
21
(4) The amount re-credited must equal the amount of the VET student
22
loan that has been used to pay tuition fees for the student for the
23
course, or the part of a course.
24
(5) The course provider must, as soon as practicable:
25
(a) consider an application for a student's FEE-HELP balance to
26
be re-credited under this section; and
27
(b) notify the student of the provider's decision on the
28
application.
29
The notice must include a statement of the reasons for the decision.
30
Re-crediting FEE-HELP balances Part 6
Re-crediting by course provider Division 2
Section 69
No. , 2016
VET Student Loans Bill 2016
51
69 Course not provided to completion
1
(1) The course provider must, on the Secretary's behalf, re-credit a
2
student's FEE-HELP balance if:
3
(a) the student has not completed the requirements for the
4
course, or the part of the course, because the provider ceased
5
to provide the course or part after it started but before it was
6
completed; and
7
(b) it is impractical for the student, under the approved tuition
8
assurance arrangement for the course, to finish the course or
9
an equivalent course.
10
(2) The amount re-credited must equal the amount of the VET student
11
loan that has been used to pay tuition fees for the student for the
12
course, or the part of the course.
13
(3) If the course provider re-credits the student's FEE-HELP balance,
14
the course provider must notify the following of the re-credit as
15
soon as practicable:
16
(a) the student;
17
(b) the tuition assurance scheme operator for the student for the
18
course.
19
70 Secretary may act in place of provider
20
The Secretary may re-credit a student's FEE-HELP balance in
21
accordance with this Division if:
22
(a) a course provider is unable to act under this Division or is
23
being wound up or has been dissolved; or
24
(b) a course provider has failed to act under this Division and the
25
Secretary is satisfied that the failure is unreasonable.
26
Part 6 Re-crediting FEE-HELP balances
Division 3 Re-crediting by Secretary
Section 71
52
VET Student Loans Bill 2016
No. , 2016
Division 3--Re-crediting by Secretary
1
71 When Secretary may re-credit FEE-HELP balance
2
(1) The Secretary may re-credit the student's FEE-HELP balance if the
3
Secretary is satisfied that the course provider, or a person acting on
4
the provider's behalf, engaged in unacceptable conduct in relation
5
to the student's application for the VET student loan.
6
(2) Unacceptable conduct, in relation to an application for a VET
7
student loan, has the meaning given by the rules.
8
(3) The Secretary may re-credit the student's FEE-HELP balance if the
9
Secretary is satisfied of one or more of the following:
10
(a) the student is not an eligible student;
11
(b) the student is not a genuine student;
12
(c) the student does not have a tax file number;
13
(d) the student does not have a student identifier.
14
(4) The Secretary may re-credit the student's FEE-HELP balance if the
15
Secretary is satisfied that:
16
(a) the provider has failed to comply with this Act; and
17
(b) the failure has adversely affected the student.
18
(5) The amount re-credited must not exceed the amount of the VET
19
student loan that has been used to pay tuition fees for the student
20
for the course, or the part of the course.
21
(6) This section applies whether or not the student applies for the
22
re-credit.
23
72 Student may apply for re-crediting by Secretary
24
(1) A student may apply to the Secretary for the student's FEE-HELP
25
balance to be re-credited under section 71.
26
(2) The application must be in writing and meet any requirements set
27
out in the rules.
28
Re-crediting FEE-HELP balances Part 6
Re-crediting by Secretary Division 3
Section 73
No. , 2016
VET Student Loans Bill 2016
53
73 Secretary must invite submissions before re-crediting
1
(1) Before re-crediting a student's FEE-HELP balance under this
2
Division, the Secretary must give the course provider concerned
3
notice in writing:
4
(a) stating that the Secretary is considering the re-credit; and
5
(b) stating the reasons why the Secretary is considering the
6
re-credit; and
7
(c) inviting the provider to make written submissions to the
8
Secretary about the re-credit within 28 days.
9
(2) In deciding whether to re-credit the FEE-HELP balance, the
10
Secretary must take into account any submissions received within
11
the 28 day period.
12
(3) The Secretary must give the student and the provider written notice
13
of the Secretary's decision and the reasons for the decision. The
14
notice must be given as soon as practicable after the decision is
15
made.
16
Part 7 Review of decisions
Division 1 Reviewable decisions
Section 74
54
VET Student Loans Bill 2016
No. , 2016
Part 7--Review of decisions
1
Division 1--Reviewable decisions
2
74 Reviewable decisions
3
The following table sets out:
4
(a) the reviewable decisions under this Act; and
5
(b) the decision maker for each of those decisions.
6
7
Reviewable VET decisions
Item
Decision
Provision under
which decision is
made
Decision maker
1
A decision to approve
or not to approve a
VET student loan
Section 18
the Secretary
2
A decision to revoke
the approval of an
approved course
provider
Section 36
the Secretary
3
A decision not to
re-credit a student's
FEE-HELP balance
Section 68 (special
circumstances)
the course provider to
whom the application
was made
4
A decision not to
re-credit a student's
FEE-HELP balances
Section 68 (special
circumstances)
the Secretary ( in
accordance with
section 70)
5
A decision:
(a) to re-credit a
student's
FEE-HELP
balance; or
(b) not to re-credit a
student's
FEE-HELP balance
Section 71
(unacceptable conduct)
the Secretary
8
Review of decisions Part 7
Reviewable decisions Division 1
Section 75
No. , 2016
VET Student Loans Bill 2016
55
75 When applications are taken to be refused
1
The decision maker is taken to have decided to refuse an
2
application if:
3
(a) a person makes an application for a reviewable decision to be
4
made; and
5
(b) the decision maker is required to notify the person of the
6
decision; and
7
(c) the person is not notified:
8
(i) within the required time; or
9
(ii) if there is no required time--within 2 months after the
10
application is made.
11
Part 7 Review of decisions
Division 2 Reconsideration of reviewable decisions
Section 76
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Division 2--Reconsideration of reviewable decisions
1
76 Application for reconsideration
2
(1) A person whose interests are affected by a reviewable decision
3
may request the decision maker to reconsider the decision.
4
(2) The request must be made in writing and given to the decision
5
maker within 28 days after the day on which the person was
6
notified of the decision, or within such longer period as the
7
decision maker allows.
8
(3) The request must set out the reasons for requesting the
9
reconsideration.
10
(4) After receiving the request, the decision maker must reconsider the
11
decision and:
12
(a) confirm the decision; or
13
(b) vary the decision; or
14
(c) set the decision aside and substitute a new decision.
15
(5) The decision maker's decision (the reconsidered decision) to
16
confirm, vary or set aside the reviewable decision takes effect:
17
(a) on the day specified in the reconsidered decision; or
18
(b) if a day is not specified--on the day on which the
19
reconsidered decision is made.
20
(6) The decision maker must give the person written notice of the
21
reconsidered decision.
22
(7) The notice:
23
(a) must be given within a reasonable period after the
24
reconsidered decision is made; and
25
(b) must contain a statement of the reasons for the reconsidered
26
decision.
27
(8) The decision maker is taken to have confirmed the reviewable
28
decision if the decision maker does not give notice of the
29
Review of decisions Part 7
Reconsideration of reviewable decisions Division 2
Section 77
No. , 2016
VET Student Loans Bill 2016
57
reconsidered decision to the person within 45 days after receiving
1
the person's request.
2
77 Reconsideration without application
3
(1) The decision maker may reconsider a reviewable decision if the
4
decision maker is satisfied that there is sufficient reason to do so.
5
(2) The decision maker may reconsider the decision whether or not:
6
(a) an application for reconsideration of the decision has been
7
made under section 76; or
8
(b) the decision has been reconsidered under section 76; or
9
(c) an application has been made under section 80 for review of
10
the reconsidered decision by the Administrative Appeals
11
Tribunal.
12
(3) After reconsidering the reviewable decision, the decision maker
13
must:
14
(a) confirm the decision; or
15
(b) vary the decision; or
16
(c) set the decision aside and substitute a new decision.
17
(4) The decision maker's decision (the reconsidered decision) to
18
confirm, vary or set aside the reviewable decision takes effect:
19
(a) on the day specified in the reconsidered decision; or
20
(b) if a day is not specified--on the day on which the
21
reconsidered decision is made.
22
(5) The decision maker must give written notice of the reconsidered
23
decision to the person to whom the decision relates.
24
(6) The notice:
25
(a) must be given within a reasonable period after the
26
reconsidered decision is made; and
27
(b) must contain a statement of the reasons for the reconsidered
28
decision.
29
Part 7 Review of decisions
Division 2 Reconsideration of reviewable decisions
Section 78
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78 Reconsideration by delegates
1
(1) A delegate of the Secretary must not reconsider a reviewable
2
decision made by the delegate.
3
(2) A reviewable decision made by a delegate of the Secretary may be
4
reconsidered by another delegate if, and only if, the other delegate:
5
(a) was not involved in making the decision; and
6
(b) occupies a position at a level not lower than that of the
7
delegate who made the decision.
8
79 Approved course providers must have review officers
9
(1) An approved course provider must appoint an officer to reconsider
10
reviewable decisions made by the provider.
11
(2) The officer must be appointed by:
12
(a) the chief executive officer of the provider; or
13
(b) a delegate of the chief executive officer of the provider.
14
(3) The officer must not reconsider a decision if the officer:
15
(a) was involved in making the decision; or
16
(b) occupies a position at a level lower than that of the person
17
who made the decision.
18
80 Review by the AAT
19
(1) Applications may be made to the Administrative Appeals Tribunal
20
for the review of reconsidered decisions that have been made under
21
section 76 or 77.
22
(2) For the purposes of the Administrative Appeals Tribunal Act 1975
23
as it applies in relation to a reconsidered decision under section 18,
24
68 or 71 of this Act, the student concerned is taken to be the only
25
person whose interests are affected by the decision.
26
Review of decisions Part 7
Reconsideration of other decisions Division 3
Section 81
No. , 2016
VET Student Loans Bill 2016
59
Division 3--Reconsideration of other decisions
1
81 Reconsideration of other decisions
2
(1) A person who makes a decision (the initial decision) under this
3
Act other than a reviewable decision may reconsider the decision if
4
the person is satisfied that there is sufficient reason to do so.
5
(2) After reconsidering the initial decision, the decision maker must:
6
(a) confirm the initial decision; or
7
(b) vary the initial decision; or
8
(c) set the initial decision aside and substitute a new decision.
9
(3) The decision maker's decision (the reconsidered decision) to
10
confirm, vary or set aside the initial decision takes effect:
11
(a) on the day specified in the reconsidered decision; or
12
(b) if a day is not specified--on the day on which the
13
reconsidered decision is made.
14
(4) The decision maker must give written notice of the reconsidered
15
decision to the person to whom the decision relates.
16
(5) The notice:
17
(a) must be given within a reasonable period after the
18
reconsidered decision is made; and
19
(b) must contain a statement of the reasons for the reconsidered
20
decision.
21
Part 8 Regulatory powers
Section 82
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Part 8--Regulatory powers
1
2
82 Monitoring powers
3
(1) This Act is subject to monitoring under Part 2 of the Regulatory
4
Powers Act.
5
Note:
Part 2 of the Regulatory Powers Act creates a framework for
6
monitoring whether this Act has been complied with. It includes
7
powers of entry and inspection.
8
(2) Information given in compliance or purported compliance with a
9
provision of this Act is subject to monitoring under Part 2 of the
10
Regulatory Powers Act.
11
Note:
Part 2 of the Regulatory Powers Act creates a framework for
12
monitoring whether the information is correct. It includes powers of
13
entry and inspection.
14
(3) For the purposes of Part 2 of the Regulatory Powers Act as it
15
applies in relation to this Act:
16
(a) each Departmental investigator and NVETR investigator is
17
an authorised applicant; and
18
(b) each Departmental investigator and NVETR investigator is
19
an authorised person; and
20
(c) a judicial officer is an issuing officer; and
21
(d) for an authorised person who is a Departmental investigator,
22
the Secretary is the relevant chief executive; and
23
(e) for an authorised person who is an NVETR investigator, each
24
NVETR Commissioner is the relevant chief executive; and
25
(f) each of the following is a relevant court:
26
(i) the Federal Court;
27
(ii) the Federal Circuit Court;
28
(iii) a court of a State or Territory that has jurisdiction in
29
relation to matters arising under this Act.
30
(4) An authorised person may be assisted by other persons in
31
exercising powers or performing functions or duties under Part 2 of
32
the Regulatory Powers Act in relation to this Act.
33
Regulatory powers Part 8
Section 83
No. , 2016
VET Student Loans Bill 2016
61
83 Investigation powers
1
(1) A provision is subject to investigation under Part 3 of the
2
Regulatory Powers Act if it is:
3
(a) an offence provision of this Act; or
4
(b) a civil penalty provision of this Act; or
5
(c) an offence against the Crimes Act 1914 or the Criminal Code
6
that relates to this Act.
7
Note:
Part 3 of the Regulatory Powers Act creates a framework for
8
investigating whether a provision has been contravened. It includes
9
powers of entry, search and seizure.
10
(2) For the purposes of Part 3 of the Regulatory Powers Act as it
11
applies in relation to this Act:
12
(a) each Departmental investigator and NVETR investigator is
13
an authorised applicant; and
14
(b) each Departmental investigator and NVETR investigator is
15
an authorised person; and
16
(c) a judicial officer is an issuing officer; and
17
(d) for an authorised person who is a Departmental investigator,
18
the Secretary is the relevant chief executive; and
19
(e) for an authorised person who is an NVETR investigator, each
20
NVETR Commissioner is the relevant chief executive; and
21
(f) each of the following is a relevant court:
22
(i) the Federal Court;
23
(ii) the Federal Circuit Court;
24
(iii) a court of a State or Territory that has jurisdiction in
25
relation to matters arising under this Act.
26
(3) An authorised person may be assisted by other persons in
27
exercising powers or performing functions or duties under Part 3 of
28
the Regulatory Powers Act in relation to this Act.
29
84 Civil penalty provisions
30
(1) Each civil penalty provision of this Act is enforceable under Part 4
31
of the Regulatory Powers Act.
32
Part 8 Regulatory powers
Section 85
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Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
1
be enforced by obtaining an order for a person to pay a pecuniary
2
penalty for the contravention of the provision.
3
(2) For the purposes of Part 4 of the Regulatory Powers Act as it
4
applies in relation to this Act:
5
(a) each of the following is an authorised applicant:
6
(i) the Secretary;
7
(ii) an SES employee, or an acting SES employee, in the
8
Department; and
9
(b) each of the following is a relevant court:
10
(i) the Federal Court;
11
(ii) the Federal Circuit Court;
12
(iii) a court of a State or Territory that has jurisdiction in
13
relation to matters arising under this Act.
14
85 Infringement notices
15
(1) The following provisions are subject to an infringement notice
16
under Part 5 of the Regulatory Powers Act:
17
(a) an offence provision of this Act;
18
(b) a civil penalty provision of this Act.
19
Note:
Part 5 of the Regulatory Powers Act creates a framework for using
20
infringement notices in relation to provisions.
21
(2) For the purposes of Part 5 of the Regulatory Powers Act as it
22
applies in relation to this Act:
23
(a) each of the following is an infringement officer:
24
(i) an NVETR staff member who is an SES employee or an
25
acting SES employee;
26
(ii) an NVETR staff member who is an APS employee who
27
holds or performs the duties of an Executive Level 2
28
position or an equivalent position;
29
(iii) an SES employee, or an acting SES employee, in the
30
Department; and
31
(b) the relevant chief executive is:
32
Regulatory powers Part 8
Section 86
No. , 2016
VET Student Loans Bill 2016
63
(i) for an infringement notice given by an infringement
1
officer covered by subparagraph (a)(i) or (ii)--each
2
NVETR Commissioner; and
3
(ii) for an infringement notice given by an infringement
4
officer covered by subparagraph (a)(iii)--the Secretary.
5
86 Enforceable undertakings
6
(1) The provisions of this Act are enforceable under Part 6 of the
7
Regulatory Powers Act.
8
Note:
Part 6 of the Regulatory Powers Act creates a framework for accepting
9
and enforcing undertakings relating to compliance with provisions.
10
(2) For the purposes of Part 6 of the Regulatory Powers Act as it
11
applies in relation to this Act:
12
(a) each of the following is an authorised person:
13
(i) the Secretary;
14
(ii) an SES employee, or an acting SES employee, in the
15
Department; and
16
(b) each of the following is a relevant court:
17
(i) the Federal Court;
18
(ii) the Federal Circuit Court;
19
(iii) a court of a State or Territory that has jurisdiction in
20
relation to matters arising under this Act.
21
87 Injunctions
22
(1) The provisions of this Act are enforceable under Part 7 of the
23
Regulatory Powers Act.
24
Note:
Part 7 of the Regulatory Powers Act creates a framework for using
25
injunctions to enforce provisions.
26
(2) For the purposes of Part 7 of the Regulatory Powers Act as it
27
applies in relation to this Act:
28
(a) each of the following is an authorised person:
29
(i) the Secretary;
30
(ii) an SES employee, or an acting SES employee, in the
31
Department; and
32
Part 8 Regulatory powers
Section 88
64
VET Student Loans Bill 2016
No. , 2016
(b) each of the following is a relevant court:
1
(i) the Federal Court;
2
(ii) the Federal Circuit Court;
3
(iii) a court of a State or Territory that has jurisdiction in
4
relation to matters arising under this Act.
5
88 Appointment of investigators
6
(1) The Secretary may, in writing, appoint a person as a Departmental
7
investigator.
8
(2) An NVETR Commissioner may, in writing, appoint an NVETR
9
staff member as an NVETR investigator.
10
(3) A person must not be appointed as a Departmental investigator, or
11
an NVETR investigator, unless the appointer is satisfied that the
12
person has the knowledge or experience necessary to properly
13
exercise the powers of such an investigator.
14
(4) A Departmental investigator, and an NVETR investigator, must, in
15
exercising powers as such, comply with any directions of the
16
appointer.
17
89 Delegation of regulatory powers
18
(1) The Secretary may, in writing, delegate his or her powers and
19
functions under the Regulatory Powers Act as it applies in relation
20
to this Act, to an SES employee, or an acting SES employee, in the
21
Department.
22
(2) An NVETR Commissioner may, in writing, delegate his or her
23
powers and functions under the Regulatory Powers Act as it
24
applies in relation to this Act, and under section 88, to an NVETR
25
staff member who is:
26
(a) an SES employee or an acting SES employee; or
27
(b) an APS employee who holds or performs the duties of an
28
Executive Level 2 position or an equivalent position.
29
Regulatory powers Part 8
Section 90
No. , 2016
VET Student Loans Bill 2016
65
(3) A person exercising powers or performing functions under a
1
delegation under subsection (1) or (2) must comply with any
2
directions of the delegator.
3
(4) A person must not exercise powers or perform functions under a
4
delegation under subsection (1) or (2) in relation to an infringement
5
notice given by the person.
6
90 Other enforcement action
7
To avoid doubt, taking action under this Part does not limit the
8
taking of action under any other provision of this Act.
9
Part 9 Use of information
Division 1 Authorised use and disclosure of information
Section 91
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Part 9--Use of information
1
Division 1--Authorised use and disclosure of information
2
91 Use and disclosure by Commonwealth officers
3
A Commonwealth officer may use or disclose VET information if
4
the information is used or disclosed for the purposes of:
5
(a) this Act; or
6
(b) the Higher Education Support Act 2003.
7
92 Use and disclosure by certain VET officers
8
(1) Each of the following VET officers may use VET information in
9
his or her capacity as such an officer:
10
(a) an officer of a Tertiary Admission Centre;
11
(b) an officer of an approved course provider;
12
(c) an officer of a tuition assurance scheme operator that is a
13
party to an approved tuition assurance arrangement.
14
(2) The officer may disclose VET information to another VET officer
15
if the officer believes on reasonable grounds that the disclosure is
16
reasonably necessary for the purposes of exercising powers, or
17
performing functions or duties, in relation to this Act.
18
93 Disclosure to certain agencies, bodies or persons
19
(1) The Secretary may disclose VET information to an agency, body
20
or person mentioned in subsection (2) if the Secretary believes on
21
reasonable grounds that the disclosure is reasonably necessary for
22
the purposes of the exercise of the powers, or the performance of
23
the functions or duties, of the agency, body or person.
24
(2) The agencies, bodies and persons to which the Secretary may
25
disclose VET information under this section are the following:
26
(a) TEQSA;
27
(b) the National VET Regulator;
28
Use of information Part 9
Authorised use and disclosure of information Division 1
Section 94
No. , 2016
VET Student Loans Bill 2016
67
(c) an agency or authority of a State or Territory responsible for
1
regulating vocational education or vocational training in the
2
State or Territory;
3
(d) the Australian Competition and Consumer Commission.
4
94 Disclosure for purposes of law enforcement
5
The Secretary may disclose VET information to one or more of the
6
following if the Secretary believes on reasonable grounds that the
7
disclosure of the information is necessary for an enforcement
8
related activity (within the meaning of the Privacy Act 1988):
9
(a) a Department, agency or authority of the Commonwealth, a
10
State or a Territory;
11
(b) an enforcement body (within the meaning of the Privacy Act
12
1988).
13
95 Disclosure to other bodies for permitted purposes
14
(1) The Secretary may disclose VET information to an agency, body
15
or person referred to in subsection (2) for any of the following
16
purposes (a permitted purpose):
17
(a) improving the provision of vocational education and training;
18
(b) research relating to the provision of vocational education and
19
training, including research relating to:
20
(i) quality assurance; or
21
(ii) planning the provision of vocational education and
22
training.
23
(2) The agencies, bodies and persons to which the Secretary may
24
disclose VET information under this section are the following:
25
(a) a State or Territory agency;
26
(b) an approved course provider;
27
(c) a person who performs services for or on behalf of an
28
approved course provider;
29
(d) a body or association determined, by legislative instrument,
30
by the Minister for the purposes of this paragraph.
31
(3) However, if the information was provided by an approved course
32
provider, the Secretary may only disclose the information to a
33
Part 9 Use of information
Division 1 Authorised use and disclosure of information
Section 96
68
VET Student Loans Bill 2016
No. , 2016
person referred to in paragraph (2)(b), (c) or (d) if the provider
1
consents to that disclosure.
2
96 Disclosure of publicly available information
3
A person may use or disclose VET information if the information
4
has already been lawfully made available to the public.
5
97 Commissioner may disclose VET information
6
(1) The Commissioner may disclose VET information to a
7
Commonwealth officer or an officer of a Tertiary Admission
8
Centre if the Commissioner believes on reasonable grounds that
9
the disclosure will enable or assist the officer to exercise powers,
10
or perform functions or duties in relation to this Act.
11
(2) Subsection (1) has effect despite anything in an Act of which the
12
Commissioner has the general administration.
13
(3) Despite subsection 13.3(3) of the Criminal Code, in a prosecution
14
for an offence against an Act of which the Commissioner has the
15
general administration, the defendant does not bear an evidential
16
burden in relation to whether this section applies to a disclosure of
17
personal information.
18
98 This Division does not limit use or disclosure of VET information
19
This Division does not limit the disclosure or use of VET
20
information.
21
Note:
The use or disclosure of VET information may also be authorised in
22
other circumstances. For example, see the Privacy Act 1988.
23
Use of information Part 9
Offences for misuse of personal information Division 2
Section 99
No. , 2016
VET Student Loans Bill 2016
69
Division 2--Offences for misuse of personal information
1
99 VET officers
2
(1) A person commits an offence if:
3
(a) the person is, or has been, a VET officer; and
4
(b) the person has obtained or generated personal information in
5
his or her capacity as a VET officer; and
6
(c) the person:
7
(i) uses the information; or
8
(ii) discloses the information to another person.
9
Penalty: Imprisonment for 2 years.
10
(2) Subsection (1) does not apply if the use or disclosure is authorised
11
or required by:
12
(a) a law of the Commonwealth; or
13
(b) a law of a State or Territory listed in the rules for the
14
purposes of this paragraph.
15
Note:
A defendant bears an evidential burden in relation to a matter in
16
subsection (2) (see subsection 13.3(3) of the Criminal Code).
17
100 Use of personal information for other purposes
18
(1) A person commits an offence if:
19
(a) the person uses personal information; and
20
(b) the information was disclosed to an agency, body or person
21
under section 95; and
22
(c) the use of the information is not for a permitted purpose.
23
Note:
For permitted purpose, see subsection 95(1).
24
Penalty: Imprisonment for 2 years.
25
(2) Subsection (1) does not apply if the use is authorised or required
26
by:
27
(a) a law of the Commonwealth; or
28
Part 9 Use of information
Division 2 Offences for misuse of personal information
Section 101
70
VET Student Loans Bill 2016
No. , 2016
(b) a law of a State or Territory listed in the rules for the
1
purposes of this paragraph.
2
Note:
A defendant bears an evidential burden in relation to a matter in
3
subsection (2) (see subsection 13.3(3) of the Criminal Code).
4
(3) A person commits an offence if:
5
(a) the person discloses personal information; and
6
(b) the information was disclosed to an agency, body or person
7
under section 95; and
8
(c) either or both of the following apply:
9
(i) the disclosure is not for a permitted purpose;
10
(ii) the disclosure is to a person who is not an officer or
11
employee of, or engaged by, the agency, body or person
12
to whom the information was disclosed under
13
section 95.
14
Note:
For permitted purpose, see subsection 95(1).
15
Penalty: Imprisonment for 2 years.
16
(4) Subsection (3) does not apply if the disclosure is authorised or
17
required by:
18
(a) a law of the Commonwealth; or
19
(b) a law of a State or Territory listed in the rules for the
20
purposes of this paragraph.
21
Note:
A defendant bears an evidential burden in relation to a matter in
22
subsection (4) (see subsection 13.3(3) of the Criminal Code).
23
101 Unauthorised access to, or modification of, personal information
24
(1) A person commits an offence if:
25
(a) the person causes any unauthorised access to, or modification
26
of, personal information; and
27
(b) the personal information is VET information:
28
(i) that is held on a computer; and
29
(ii) to which access is restricted by an access control system
30
associated with a function of the computer; and
31
(c) the person intends to cause the access or modification; and
32
Use of information Part 9
Offences for misuse of personal information Division 2
Section 101
No. , 2016
VET Student Loans Bill 2016
71
(d) the person knows that the access or modification is
1
unauthorised; and
2
(e) one or more of the following apply:
3
(i) the information is held on a computer of an approved
4
course provider;
5
(ii) the information is held on behalf of an approved course
6
provider;
7
(iii) the information is held on a computer of a Tertiary
8
Admission Centre;
9
(iv) the information is held on behalf of a Tertiary
10
Admission Centre.
11
Penalty: Imprisonment for 2 years.
12
(2) Absolute liability applies to paragraph (1)(e).
13
Part 10 General provisions
Section 102
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Part 10--General provisions
1
2
102 Communicating electronically
3
(1) The rules may set out requirements for and in relation to the
4
following:
5
(a) electronic communication between the Commonwealth and
6
students;
7
(b) electronic communication between the Commonwealth and
8
approved course providers;
9
(c) electronic communication between students and approved
10
course providers.
11
(2) An approved course provider contravenes this subsection if the
12
provider fails to comply with rules made under subsection (1).
13
Civil penalty:
60 penalty units.
14
103 Secretary may publish information
15
(1) The Secretary may publish information (other than personal
16
information about a student) if the Secretary is satisfied that the
17
information would:
18
(a) assist a student to decide whether or not to enrol in a course
19
provided by an approved course provider; or
20
(b) assist a student in relation to his or her eligibility for a VET
21
student loan and the circumstances in which the Secretary
22
would approve a VET student loan; or
23
(c) encourage compliance by an approved course provider with
24
this Act.
25
(2) The information the Secretary may publish in relation to an
26
approved course provider includes the following:
27
(a) completion rates for students;
28
(b) enrolment numbers and forecast enrolment numbers
29
(including for particular courses);
30
(c) courses offered;
31
General provisions Part 10
Section 104
No. , 2016
VET Student Loans Bill 2016
73
(d) tuition and other fee arrangements and modes of delivery for
1
those courses;
2
(e) compliance action that has been taken under this Act
3
(including that an intention notice has been given to the
4
provider).
5
(3) Subsection (2) does not limit subsection (1).
6
(4) The Secretary may require an approved course provider to release
7
or publish the information that the Secretary could publish under
8
this section in relation to the provider.
9
(5) An approved course provider contravenes this subsection if the
10
provider fails to comply with a requirement under subsection (4).
11
Civil penalty:
60 penalty units.
12
104 Secretary may require a person to provide information about
13
compliance with this Act
14
(1) The Secretary may, by written notice given to a person who the
15
Secretary believes on reasonable grounds has information or
16
documents relevant to determining whether this Act has been
17
complied with, require the person to give the information or
18
documents to the Secretary.
19
(2) The information must be provided:
20
(a) in a form (if any) approved by the Secretary; and
21
(b) in accordance with other requirements specified by the
22
Secretary.
23
(3) A notice under this section must not require the giving of
24
information by an approved course provider that the provider is
25
required to give to the Secretary under any other provision of this
26
Act.
27
(4) A person contravenes this subsection if the person fails to provide
28
information or documents in accordance with a requirement under
29
subsection (1).
30
Civil penalty:
60 penalty units.
31
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(5) A person commits an offence of strict liability if the person fails to
1
provide information or documents in accordance with a
2
requirement under subsection (1).
3
Penalty: 60 penalty units.
4
105 Secretary may use computer programs to make decisions
5
(1) The Secretary may arrange for the use, under the Secretary's
6
control, of computer programs for any purposes for which the
7
Secretary may make decisions under this Act.
8
(2) A decision made by the operation of a computer program under
9
such an arrangement is, for the purposes of this Act, taken to be a
10
decision made by the Secretary.
11
106 Giving false or misleading information
12
(1) A person contravenes this subsection if:
13
(a) a person gives information or a document:
14
(i) to a VET officer; or
15
(ii) otherwise under, or for the purpose of, this Act; and
16
(b) the information or document:
17
(i) is false or misleading; or
18
(ii) omits any matter or thing without which the information
19
or document is misleading.
20
(2) Subsection (1) does not apply if the information or document is not
21
false or misleading in a material particular.
22
(3) A person is liable to a civil penalty if the person contravenes
23
subsection (1).
24
Note:
A person may commit an offence if the person provides false or
25
misleading information or documents: see sections 137.1 and 137.2 of
26
the Criminal Code.
27
Civil penalty:
240 penalty units.
28
General provisions Part 10
Section 107
No. , 2016
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75
107 Verifying tax file numbers
1
For the purposes of this Act:
2
(a) the Secretary may ask the Commissioner to verify a tax file
3
number; and
4
(b) the Commissioner may at any time give the Secretary any
5
information necessary to ensure that the Secretary has the
6
correct tax file number.
7
108 Contravening offence and civil penalty provisions
8
(1) This section applies if a provision of this Act provides that a person
9
contravening another provision of this Act (the conduct provision)
10
commits an offence or is liable to a civil penalty.
11
(2) For the purposes of this Act, and the Regulatory Powers Act to the
12
extent that it relates to this Act, a reference to a contravention of an
13
offence provision or a civil penalty provision includes a reference
14
to a contravention of the conduct provision.
15
109 Certain references to course provider include references to
16
agent
17
A reference in a civil penalty provision in this Act to a course
18
provider (however described) includes a reference to a person
19
acting on behalf of the provider.
20
110 Continuing application of Act to certain persons
21
(1) This Act continues to apply in relation to a body that was approved
22
as an approved course provider as if the body were still an
23
approved course provider.
24
(2) Subsection (1) applies for the purposes of dealing with or resolving
25
any matter that arose during, or that relates to, the period when the
26
body was approved as an approved course provider.
27
(3) This Act continues to apply in relation to a person or body who
28
was a tuition assurance scheme operator as if the person or body
29
were still a tuition assurance scheme operator.
30
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Section 111
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(4) Subsection (3) applies for the purposes of dealing with or resolving
1
any matter that arose during, or that relates to, the period when the
2
body was a tuition assurance scheme operator.
3
111 No entitlement to future rights
4
(1) Neither approval, nor payment of any amount, of a VET student
5
loan requires the Commonwealth to ensure that:
6
(a) a student has access to a course; or
7
(b) a course:
8
(i) is delivered in a particular way; or
9
(ii) addresses particular content or skills; or
10
(iii) results in a particular qualification.
11
(2) Neither approval, nor payment of any amount, of a VET student
12
loan:
13
(a) requires any other loan to be approved or any other loan
14
amount to be paid; or
15
(b) prevents any amendment of this Act from having full effect
16
from the commencement of the amendment.
17
112 Protection from civil actions
18
(1) This section applies to:
19
(a) the Secretary; and
20
(b) an APS employee in the Department; and
21
(c) a consultant engaged by the Commonwealth to perform work
22
in relation to this Act.
23
(2) A person mentioned in subsection (1) is not liable to an action or
24
other proceeding for damages for or in relation to an act done or
25
omitted to be done in good faith:
26
(a) in the performance or purported performance of any
27
functions under this Act; or
28
(b) in the exercise or purported exercise of any powers under this
29
Act.
30
General provisions Part 10
Section 113
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77
113 Compensation for acquisition of property
1
(1) If the operation of this Act would result in an acquisition of
2
property from a person otherwise than on just terms, the
3
Commonwealth is liable to pay a reasonable amount of
4
compensation to the person.
5
(2) If the Commonwealth and the person do not agree on the amount
6
of the compensation, the person may institute proceedings in a
7
court of competent jurisdiction for the recovery from the
8
Commonwealth of such reasonable amount of compensation as the
9
court determines.
10
(3) In this section:
11
acquisition of property has the same meaning as in
12
paragraph 51(xxxi) of the Constitution.
13
just terms has the same meaning as in paragraph 51(xxxi) of the
14
Constitution.
15
114 Delegations
16
(1) The Secretary may, in writing, delegate to an APS employee all or
17
any of the powers of the Secretary under this Act.
18
Note:
For this Act, see section 6.
19
(2) In exercising powers under the delegation, the delegate must
20
comply with any directions of the Secretary.
21
115 Appropriation
22
Amounts of VET student loans payable by the Secretary under this
23
Act are payable out of the Consolidated Revenue Fund, which is
24
appropriated accordingly.
25
116 Rules
26
(1) The Minister may, by legislative instrument, make rules providing
27
for matters:
28
(a) required or permitted by this Act to be provided; or
29
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(b) necessary or convenient to be provided in order to carry out
1
or give effect to this Act.
2
Note 1:
For this Act, see section 6.
3
Note 2:
The rules may make different provision with respect to different
4
matters or different classes of matters (see subsection 33(3A) of the
5
Acts Interpretation Act 1901). For example, the rules may provide
6
different requirements for different kinds of approved course
7
providers.
8
(2) The rules may provide for amounts determined by, or worked out
9
in accordance with, the rules to be indexed using the method set
10
out in Part 5-6 of the Higher Education Support Act 2003.
11
(3) If this Act (including the rules) permits or requires a decision to be
12
made, the rules may provide for matters that the decision maker
13
may or must (as specified in the rules) have regard to in making the
14
decision.
15
(4) If this Act requires or permits the rules to provide for a matter, the
16
rules may provide for the matter to be determined by the Secretary.
17
(5) Despite subsection 14(2) of the Legislation Act 2003, the rules may
18
make provision in relation to a matter by applying, adopting or
19
incorporating, with or without modification, any matter contained
20
in any other instrument or other writing as in force or existing from
21
time to time.
22
(6) The rules may provide for the collection and recovery of approved
23
course provider charge (within the meaning of the VET Student
24
Loans (Charges) Act 2016).
25
(7) The rules must specify a cap on the amount of VET student loans
26
that can be approved for:
27
(a) the calendar year in which this subsection commences; and
28
(b) each of the 2 following calendar years.
29
(8) Subsections (2) to (7) do not limit subsection (1).
30