Commonwealth Coat of Arms of Australia

Higher Education Support Act 2003

No. 149, 2003

Compilation No. 74

Compilation date: 28 October 2020

Includes amendments up to: Act No. 93, 2020

Registered: 10 December 2020

About this compilation

This compilation

This is a compilation of the Higher Education Support Act 2003 that shows the text of the law as amended and in force on 28 October 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Chapter 1—Introduction

Division 1—Preliminary

11.................................Short title

15.............................Commencement

110.......................Identifying defined terms

Division 2—Objects

21............................Objects of this Act

Division 3—Overview of this Act

31..................................General

35........Grants for higher education assistance etc. (Chapter 2)

310...................Assistance to students (Chapter 3)

315.....................Repayment of loans (Chapter 4)

320........................Administration (Chapter 5)

330................................VET FEEHELP Assistance Scheme (Schedule 1A)

Division 5—Application of Act to Table C providers

51...............Application of Act to Table C providers

Division 6—Schedule 1A

61..................................Schedule 1A

Chapter 2—Grants for higher education assistance etc.

Division 8—Introduction

81.......................What this Chapter is about

Part 21—Higher education providers

Division 13—Introduction

131..............................What this Part is about

135.............The Higher Education Provider Guidelines

Division 16—What is a higher education provider?

Subdivision 16A—General

161...............................Meaning of higher education provider

165When a body becomes or ceases to be a higher education provider

Subdivision 16B—Which bodies are listed providers?

1610............................Listed providers

1615...........................Table A providers

1620...........................Table B providers

1622...........................Table C providers

Subdivision 16C—How are bodies approved as higher education providers?

1625......................Approval by the Minister

1627......Body must be a registered higher education provider

1630................The tuition protection requirements

1640..............................Application

1645...............Minister may seek further information

1650....................Minister to decide application

1655...............Approvals are legislative instruments

1660........................Conditions of approval

1665Minister to cause higher education provider to be notified of change in condition of approval

1670..........Variation of approval if body’s name changes

Division 19—What are the quality and accountability requirements?

Subdivision 19A—General

191............The quality and accountability requirements

Subdivision 19B—The financial viability requirements

195...........................Basic requirement

1910..............Financial information must be provided

1912Minister to have regard to financial information and matters prescribed in Higher Education Guidelines

Subdivision 19C—The quality requirements

1915...................Provider must maintain quality

Subdivision 19D—The fairness requirements

1930...........................Basic requirement

1935Benefits and opportunities must be available equally to all students

1936.............Misrepresenting assistance under Chapter 3

1936A...................Offering certain inducements

1936B..........................Engaging in coldcalling

1936C..................Use of third party contact lists

1936D..................Other marketing requirements

1936ERequirements relating to requests for Commonwealth assistance

1937Requiring membership of certain organisations or payment of certain amounts

1938Higher education providers’ expenditure of student services and amenities fees

1942..........Assessment of students as academically suited

1945.............Student grievance and review procedures

1950.....Higher education providers to appoint review officers

1955...........Review officers not to review own decisions

1960............Procedures relating to personal information

Subdivision 19E—The compliance requirements

1965..........................Basic requirements

1966.................Higher education provider charge

1966A.................Tuition protection requirements

1967Special requirements for student services, amenities, representation and advocacy in 2012 and later years

1970......Provider to provide statement of general information

1971....................................Cooperation with HESA and TEQSA investigators

1972.....................Providers must keep records

1973................Providers must publish information

1975Notice of events that affect provider’s ability to comply with conditions of Commonwealth assistance

1977..............Notice of events affecting accreditation

1978..Notice of events significantly affecting TEQSA registration

1980 Compliance assurance—provider (other than Table A provider)

1982..........................Compliance notices

Subdivision 19F—What are the contribution and fee requirements?

1985...........................Basic requirement

1987Determining student contribution amounts for all places in units

1990..............Determining tuition fees for all students

1995Schedules of student contribution amounts for places and tuition fees

19100................Limits on fees for courses of study

19102.............................Meaning of fee

19105.............................Meaning of tuition fee

Subdivision 19G—The compact and academic freedom requirements

19110Table A providers and Table B providers must enter into mission based compacts

19115..Provider to have policy upholding free intellectual inquiry

Division 22—When does a body cease to be a higher education provider?

Subdivision 22A—General

221.................Cessation of approval as a provider

Subdivision 22AA—Revocation of approval if registration ceases or winding up order made

222.....Automatic revocation of approval if registration ceases

223..Automatic revocation of approval if winding up order made

Subdivision 22B—Revocation for cause

225Revocation of approval if application for approval as a provider is false or misleading

227Revocation of approval if providing education and/or conducting research ceases to be the body’s principal purpose

2210....Revocation of approval if status or accreditation changes

2215Revocation of approval as a provider for a breach of conditions or the quality and accountability requirements

2217Revocation of approval as a provider if provider etc. not a fit and proper person

Subdivision 22C—Process for decisions on revocation under Subdivision 22B

2220....................Process for revoking approval

2225Determination retaining approval as a provider in respect of existing students

2230...............Suspension of approval as a provider

2232Determination retaining approval as a provider in respect of existing students following suspension of approval

Subdivision 22D—Revocation of approval on application

2240.......Revocation of approval as a provider on application

Subdivision 22E—Notice of approval or revocation ceasing to have effect under the Legislation Act 2003

2245.......Notice of approval ceasing to have effect under the Legislation Act 2003

2250......Notice of revocation ceasing to have effect under the Legislation Act 2003

Part 22—Commonwealth Grant Scheme

Division 27—Introduction

271..............................What this Part is about

275.............Commonwealth Grant Scheme Guidelines

Division 30—Which higher education providers are eligible for a grant?

Subdivision 30A—Basic rules

301..........................Eligibility for grants

Subdivision 30B—Allocation of places

3010.........................Allocation of places

3012................Designated higher education courses

3015............................Funding clusters

3020...........................National priorities

Subdivision 30C—Funding agreements

3025.........................Funding agreements

3027Specification of maximum basic grant amounts in funding agreements

3028................Funding agreement to be published

Division 33—How are grant amounts worked out?

Subdivision 33A—Basic rule

331...................How grant amount is worked out

Subdivision 33B—Total basic grant amounts

335.......................Total basic grant amounts

3310Commonwealth contribution amounts and grandfathered Commonwealth contribution amounts

3330Working out the number of Commonwealth supported places provided

3335Funding clusters, or parts of funding clusters, in which units are included

Subdivision 33C—Adjustments

3337.................Adjustments for breach of section 1937

Subdivision 33D—Special purpose advances

3340...................Advances for certain purposes

Division 36—What are the conditions of receiving a grant?

Subdivision 36A—General

361..........Condition of grant to comply with this Division

Subdivision 36B—Conditions relating to Commonwealth supported students

365...............................Meaning of Commonwealth supported student

3610Advice on whether a person is a Commonwealth supported student

3615.Persons not to be advised they are Commonwealth supported

3620.......Providers to repay amounts—special circumstances

3621........................Special circumstances

3622..........................Application period

3623......................Dealing with applications

3624A........Providers to repay amounts—provider defaults

3624B.......Providers to repay amounts—no tax file numbers

3624C............Secretary may act if provider is unable to

Subdivision 36C—Conditions relating to enrolment

3625...Continued support for Commonwealth supported students

3630Providers to enrol persons as Commonwealth supported students

3640....Providers to cancel enrolments in certain circumstances

Subdivision 36D—Conditions relating to student contribution amounts

3645..............Limits on student contribution amounts

Subdivision 36E—Conditions relating to tuition fees

3655..........................Tuition fees for nonCommonwealth supported students

Subdivision 36F—Other conditions

3660.Providers to meet the quality and accountability requirements

3665...........Providers to comply with funding agreement

3670Providers to comply with the Commonwealth Grant Scheme Guidelines

Part 22A—Indigenous student assistance grants

Division 38—Indigenous student assistance grants

381..............................What this Part is about

385.........Indigenous Student Assistance Grants Guidelines

3810................Eligibility for grants under this Part

3815.................Guidelines may provide for grants

3820..........................Approval of grants

3825.........................Conditions on grants

3830..........................Amounts of grants

3835..................Amounts payable under this Part

3840......................Rollover of grant amounts

3845..........Maximum payments for grants under this Part

Part 23—Other grants

Division 41—Other grants

411..............................What this Part is about

415.....................The Other Grants Guidelines

4110................Eligibility for grants under this Part

4115................Grants may be paid under programs

4120..........................Approval of grants

4125.........................Conditions on grants

4130...........................Amount of a grant

4135..................Amounts payable under this Part

4140......................Rollover of grant amounts

4145.......Maximum payments for other grants under this Part

4150..................List of maximum grant amounts

4195...................Alternative constitutional bases

Part 24—Commonwealth scholarships

Division 46—Commonwealth scholarships

461..............................What this Part is about

465...........The Commonwealth Scholarships Guidelines

4610..............Classes of Commonwealth scholarships

4613.............Eligibility of students to receive directlypaid standard Commonwealth scholarships

4615Eligibility of higher education providers to receive grants for certain Commonwealth scholarships

4620.....Other matters relating to Commonwealth scholarships

4625..........................Condition of grants

4630..................Amounts payable under this Part

4635......................Rollover of grant amounts

4640.....Maximum payments for Commonwealth scholarships

Part 25—Reduction and repayment of grants

Division 51—Introduction

511..............................What this Part is about

Division 54—In what circumstances may a grant be reduced or required to be repaid?

541.........Decision as to reduction or repayment of a grant

545..Appropriateness of requiring reduction or repayment of grant

Division 57—What is the amount of a reduction or repayment?

571....................Reduction in amount of grants

575.......................Amount of the repayment

Division 60—How are decisions reducing a grant or requiring repayment of a grant made?

601......................Procedure prior to decision

605........................Notification of decision

6010....................When a decision takes effect

Chapter 3—Assistance to students

Division 65—Introduction

651......................What this Chapter is about

Part 32—HECSHELP assistance

Division 87—Introduction

871..............................What this Part is about

875................................The HECSHELP Guidelines

Division 90—Who is entitled to HECSHELP assistance?

901..........................Entitlement to HECSHELP assistance

905................Citizenship or residency requirements

9010...................Students not entitled to HECSHELP assistance

Division 93—How are amounts of HECSHELP assistance worked out?

931.........................The amount of HECSHELP assistance for a unit of study

935.....................Student contribution amounts

9310.......Maximum student contribution amount for a place

9315....................................Upfront payments

9320..........................Amounts of HECSHELP assistance, FEEHELP assistance and VET FEEHELP assistance must not exceed the HELP balance

Division 96—How are amounts of HECSHELP assistance paid?

961...............Payments to higher education providers

Division 97—Recrediting of HELP balances in relation to HECSHELP assistance

9723.................................Purpose

9725............................Main case of recrediting a person’s HELP balance in relation to HECSHELP assistance

9727....................................Recrediting a person’s HELP balance in relation to HECSHELP assistance—no tax file number

9730........................Special circumstances

9735..........................Application period

9740......................Dealing with applications

9742....................................Recrediting a person’s HELP balance in relation to HECSHELP assistance—provider defaults

Part 33—FEEHELP assistance

Division 101—Introduction

1011.............................What this Part is about

1015................................The FEEHELP Guidelines

Division 104—Who is entitled to FEEHELP assistance?

Subdivision 104A—Basic rules

1041..........................Entitlement to FEEHELP assistance

1041A Failure by a student to complete previous units with provider

1042Failure by a student to complete previous units accessed through Open Universities Australia

1043..Failure by Open Universities Australia to comply with FEEHELP Guidelines etc.

1044Failure by Open Universities Australia to set tuition fees and census date

1045...............Citizenship or residency requirements

10410........................Course requirements

Subdivision 104B—Recrediting HELP balances in relation to FEEHELP assistance

10425............................Main case of recrediting a person’s HELP balance in relation to FEEHELP assistance

10427...................................Recrediting a person’s HELP balance in relation to FEEHELP assistance—no tax file number

10430........................Special circumstances

10435..........................Application period

10440.....................Dealing with applications

10442...................................Recrediting a person’s FEEHELP balance if provider defaults or person elects recrediting

10443...................................Recrediting a person’s HELP balance in relation to FEEHELP assistance if not a genuine student

10444...................................Recrediting a person’s HELP balance in relation to FEEHELP assistance if provider completes request for assistance etc.

Subdivision 104C—Bridging courses for overseastrained professionals

10445.............................Meaning of bridging course for overseastrained professionals

10450.......................Assessment statements

10455.............................Meaning of assessing body

10460.............................Meaning of listed professional occupations

10465...........Occupation includes part of an occupation

10470.............Requirements for entry to an occupation

Division 107—How are amounts of FEEHELP assistance worked out?

1071..........................The amount of FEEHELP assistance for a unit of study

1075....................................Upfront payments

10710...........................Amounts of FEEHELP assistance, HECSHELP assistance and VET FEEHELP assistance must not exceed the HELP balance

Division 110—How are amounts of FEEHELP assistance paid?

1101................................Payments

1105..................Effect of HELP balance being recredited

Part 34—OSHELP assistance

Division 115—Introduction

1151.............................What this Part is about

1155.................................The OSHELP Guidelines

Division 118—Who is entitled to OSHELP assistance?

1181...........................Entitlement to OSHELP assistance

1182 Entitlement to supplementary amount for Asian language study

1185...............Citizenship or residency requirements

1187.......................Prior study requirements

11810....................Overseas study requirements

11815..............Selection of students for receipt of OSHELP assistance and supplementary amounts for Asian language study

Division 121—How are amounts of OSHELP assistance worked out?

1211..........................The amount of OSHELP assistance for a period

1215.............................Maximum OSHELP (overseas study) amount

12110.............................Minimum OSHELP (overseas study) amount

12115............................Maximum OSHELP (Asian language study) amount

12120.............................Minimum OSHELP (Asian language study) amount

Division 124—How are amounts of OSHELP assistance paid?

1241............................Amounts of OSHELP assistance are lent to students

Part 35—SAHELP assistance

Division 125—Introduction

1251.............................What this Part is about

Division 126—Who is entitled to SAHELP assistance?

1261...........................Entitlement to SAHELP assistance

1265...............Citizenship or residency requirements

Division 127—How are amounts of SAHELP assistance worked out?

1271..........................The amount of SAHELP assistance for a student services and amenities fee

Division 128—How are amounts of SAHELP assistance paid?

1281..Payments to higher education providers of loans to students

1285Repayment by higher education provider if student does not have tax file number

Part 36—HELP balances

1287.............................What this Part is about

12815............................HELP balances

12820...........................HELP loan limit

12825...................................Recrediting HELP balance—discharge of HELP debt etc.

Chapter 4—Repayment of loans

Division 129—Introduction

1291......................What this Chapter is about

Part 41—Indebtedness

Division 134—Introduction

1341.............................What this Part is about

1345...........The Very Remote HELP Debtor Guidelines

Division 137—How do HELP debts arise?

1371..............................HELP debts

1375..................................HECSHELP debts

13710..................................FEEHELP debts

13715...................................OSHELP debts

13716...................................SAHELP debts

13718...............................VET FEEHELP debts

13719...................................Pre1 July 2019 VSL debts

13720..................HELP debt discharged by death

Division 140—How are accumulated HELP debts worked out?

Subdivision 140A—Outline of this Division

1401.......................Outline of this Division

Subdivision 140B—Former accumulated HELP debts

1405.........Working out a former accumulated HELP debt

14010....................HELP debt indexation factor

14020............Publishing HELP debt indexation factors

Subdivision 140C—Accumulated HELP debts

14025............Working out an accumulated HELP debt

14030........................Rounding of amounts

14035.......Accumulated HELP debt discharges earlier debts

14040.........Accumulated HELP debt discharged by death

Division 142—Special measures for very remote HELP debtors

1421..............................Meaning of very remote HELP debtor

1425..............................Meaning of course of study in education

14210.......Reducing indexation of accumulated HELP debts

14215...............Reducing accumulated HELP debts

14220.........................Refunding amounts

Part 42—Discharge of indebtedness

Division 148—Introduction

1481.............................What this Part is about

1483..........The Overseas Debtors Repayment Guidelines

Division 151—How is indebtedness voluntarily discharged?

1511.............Voluntary repayments in respect of debts

15110...............Application of voluntary repayments

15115.......................Refunding of payments

Division 154—How is indebtedness compulsorily discharged?

Subdivision 154A—Liability to repay amounts

1541......................Liability to repay amounts

1545..........................Repayment income

15410...................Minimum repayment income

15415................Repayable debt for an income year

Subdivision 154AA—Liability of overseas debtors to repay amounts

15416.........Liability of overseas debtors to repay amounts

15417....................Assessed worldwide income

15418............Notices to be given to the Commissioner

Subdivision 154B—Amounts payable to the Commonwealth

15420.............Amounts payable to the Commonwealth

15425..............................Indexation

15430....................Publishing indexed amounts

15432 Amounts payable to the Commonwealth by overseas debtors

Subdivision 154C—Assessments

15435..............Commissioner may make assessments

15440...........Notification of notices of assessment of tax

15445.........Commissioner may defer making assessments

15450.............Commissioner may amend assessments

15455Higher education providers etc. to provide information to Commissioner

Subdivision 154D—Application of tax legislation

15460.........Returns, assessments, collection and recovery

15465..Charges and civil penalties for failing to meet obligations

15470...............Pay as you go (PAYG) withholding

15480................Pay as you go (PAYG) instalments

15490..................Failures to comply with section 15418

Chapter 5—Administration

Division 159—Introduction

1591......................What this Chapter is about

1595...................The Administration Guidelines

Part 51—Payments by the Commonwealth

Division 164—Payments by the Commonwealth

1641.............................What this Part is about

1645...................Time and manner of payments

16410...............................Advances

16415............Overpayments of Commonwealth grants

16417..Overpayments of Commonwealth scholarships to students

16418Repayment of Commonwealth scholarships paid to students—breach of condition

16420........................Rounding of amounts

Part 51A—Tuition protection

Division 1—Preliminary

1661.............................What this Part is about

1665........................Application of this Part

16610When a higher education provider defaults in relation to a student

Division 2—Obligations when a provider defaults in relation to a student

16615Higher education providers must give notice of default to HELP Tuition Protection Director

16620Higher education providers must give notice of default to affected students

16625.....................Student placement service

16627Obligations of providers to provide information about replacement courses

16630..............Obligations of replacement providers

16632Obligations of replacement providers regarding enrolment information

16635Notification obligations where there is no replacement course or student elects recrediting

Part 51B—HELP Tuition Protection Fund, HELP Tuition Protection Director and HELP Tuition Protection Fund Advisory Board

Division 1—HELP Tuition Protection Fund

1671.............................Name of Fund

1675...........Credits to the HELP Tuition Protection Fund

16710.........Purposes of the HELP Tuition Protection Fund

Division 2—HELP Tuition Protection Director

16715................HELP Tuition Protection Director

16720......Functions of the HELP Tuition Protection Director

16725Administrative provisions relating to the HELP Tuition Protection Director

Division 3—HELP Tuition Protection Fund Advisory Board

16730..................Establishment and membership

16735Function of the HELP Tuition Protection Fund Advisory Board

16740Administrative provisions relating to the HELP Tuition Protection Fund Advisory Board

Part 52—Administrative requirements on higher education providers

Division 169—Administrative requirements on higher education providers

1691.............................What this Part is about

1695.................................Notices

16910........................Correction of notices

16915....Charging student contribution amounts and tuition fees

16917...Requirements relating to withdrawal from units of study

16920...........................Exempt students

16925..........Determining census dates and EFTSL values

16927.............................Meaning of EFTSL

16928.............................Meaning of EFTSL value

16930Communications with the Commonwealth concerning students etc.

169356 week cut off for corrections affecting entitlement to Commonwealth assistance

Part 53—Electronic communications

Division 174—Electronic communications

1741.............................What this Part is about

1745......Guidelines may deal with electronic communications

Part 54—Management of information

Division 179—Protection of personal information

1791.....................What this Division is about

1795..............................Meaning of personal information

17910....................Use of personal information

17915.............................Meanings of officer etc. and official employment

17920When information is disclosed in the course of official employment

17925............Commissioner may disclose information

17930............Oath or affirmation to protect information

17935Unauthorised access to, or modification of, personal information

17940....................Officer may use information

17945.This Division does not limit disclosure or use of information

Division 180—Disclosure or use of Higher Education Support Act information

1801.....................What this Division is about

1805..............................Meaning of Higher Education Support Act information

18010.........Disclosure and use by Commonwealth officers

18015...............Disclosure of information to TEQSA

18020...Disclosure of information to the National VET Regulator

18023..........Disclosure of information to certain agencies

18025............Disclosure of information to other bodies

18028...Disclosure and use of information for the HELP program

18030..............Use of information to conduct surveys

18035.This Division does not limit disclosure or use of information

Division 182—Other rules about information

1821Minister may seek information from TEQSA and relevant VET regulator

Part 55—Tax file numbers

Division 184—Introduction

1841.............................What this Part is about

Division 187—What are the tax file number requirements for assistance under Chapter 3?

1871.............Meeting the tax file number requirements

1872...................Who is an appropriate officer?

1875..........Student to notify tax file number when issued

Division 190—Who can the Commissioner notify of tax file number matters?

1901...............When tax file numbers are issued etc.

1905.................When tax file numbers are altered

19010When tax file numbers are incorrectly notified—students with tax file numbers

19015When tax file numbers are incorrectly notified—students without tax file numbers

19020When applications are refused or tax file numbers are cancelled

Division 193—Other provisions relating to tax file numbers

1931.....Giving information about tax file number requirements

1935.......................No entitlement to HECSHELP assistance for students without tax file numbers

19310.......................No entitlement to FEEHELP assistance for students without tax file numbers

19315........................No entitlement to SAHELP assistance for students without tax file numbers

Part 56—Indexation

Division 198—Indexation

1981.............................What this Part is about

1985.................The amounts that are to be indexed

19810..........................Indexing amounts

19815.............................Meaning of indexation factor

19820.............................Meaning of index number

Part 57—Review of decisions

Division 203—Introduction

2031.............................What this Part is about

Division 206—Which decisions are subject to review?

2061......................Reviewable decisions etc.

2065............Deadlines for making reviewable decisions

20610.Decision maker must give reasons for reviewable decisions

Division 209—How are decisions reconsidered?

2091........................Reviewer of decisions

2095.........Reviewer may reconsider reviewable decisions

20910......Reconsideration of reviewable decisions on request

Division 212—Which decisions are subject to AAT review?

2121................AAT review of reviewable decisions

Part 58—Regulatory powers

2151.............................What this Part is about

2155..........................Monitoring powers

21510........................Investigation powers

21515......................Civil penalty provisions

21520........................Infringement notices

21525.....................Enforceable undertakings

21530..............................Injunctions

21535...................Appointment of investigators

21540.................Delegation of regulatory powers

21545.......Contravening offence and civil penalty provisions

21550Certain references to higher education provider include references to agent

21555.....................Other enforcement action

Chapter 7—Miscellaneous

2381A.............Giving false or misleading information

2381......................Delegations by Secretary

2385.......................Delegations by Minister

2386........Delegations by HELP Tuition Protection Director

2387.............Review of operation of tuition protection

2388.Extent of Commissioner’s general administration of this Act

23810..............................Guidelines

23812............................Appropriation

23815..............................Regulations

Schedule 1A—VET FEEHELP Assistance Scheme

1 What this Schedule is about

Part 1—VET providers

Division 1—Introduction

2 What this Part is about

3 The VET Guidelines

Division 3—What is a VET provider?

Subdivision 3A—General

4 Meaning of VET provider

5 When a body becomes or ceases to be a VET provider

Subdivision 3B—How are bodies approved as VET providers?

6 Approval by the Minister

7 The VET tuition assurance requirements

8 VET tuition assurance requirements exemption for approvals

9 Application

10 Minister may seek further information

11 Minister to decide application

12 Approvals are legislative instruments

12A Conditions of approval

12B Minister to cause VET provider to be notified of change in condition of approval

12C Variation of approval if body’s name changes

Division 4—What are the VET quality and accountability requirements?

Subdivision 4A—General

13 The VET quality and accountability requirements

Subdivision 4B—The VET financial viability requirements

14 Basic requirement

15 Financial information must be provided

16 Minister to have regard to financial information

Subdivision 4C—The VET quality requirements

17 Provider must maintain quality

Subdivision 4D—The VET fairness requirements

18 Equal benefits and opportunity requirements

19 Student grievance and review requirements

20 Tuition assurance requirements

21 VET providers to appoint review officers

22 Review officers not to review own decisions

23 Procedures relating to personal information

Subdivision 4E—The VET compliance requirements

23A Basic requirement

23B Entry procedure for students

23C Receiving requests for Commonwealth assistance

24 VET provider to provide statement of general information

25 Notice of events that affect provider’s ability to comply with VET quality and accountability requirements

25A Copy of notice given to National VET Regulator about material changes

26 Compliance assurance—provider

26A Compliance notices

Subdivision 4F—The VET fee requirements

27 Determining tuition fees for all students

27A Requirements in the VET Guidelines

28 Schedules of VET tuition fees

Division 5—When does a body cease to be a VET provider?

Subdivision 5A—General

29 Cessation of approval as a provider

29A Minister to notify relevant VET Regulator of cessation of approval

Subdivision 5AA—Revocation of approval if registration ceases or winding up order made

29B Automatic revocation of approval if registration ceases

29C Automatic revocation of approval if winding up order made

Subdivision 5B—Revocation for cause

30 Revocation of approval if application for approval as a provider is false or misleading

30A Revocation of approval if body’s links to Australia are broken

31 Revocation of approval if providing education ceases to be the body’s principal purpose

32A Revocation of approval if body ceases to offer VET courses of study

33 Revocation of approval as a provider for a breach of the VET quality and accountability requirements or of conditions

33A Revocation of approval as a provider if provider etc. not a fit and proper person

Subdivision 5C—Process for decisions on revocation under Subdivision 5B

34 Process for revoking approval

35 Determination retaining approval as a provider in respect of existing students

36 Suspension of approval as a provider

37 Determination retaining approval as a provider in respect of existing students following suspension of approval

Subdivision 5D—Revocation of approval on application

39 Revocation of approval as a provider on application

Subdivision 5E—Notice of approval or revocation ceasing to have effect under the Legislation Act 2003

39A Notice of approval ceasing to have effect under the Legislation Act 2003

39B Notice of revocation ceasing to have effect under the Legislation Act 2003

Division 5A—Civil penalty provisions and enforcement

Subdivision 5AA—Civil penalty provisions

39DA Civil penalty provisions

39DB Civil penalty—publishing information that suggests VET FEEHELP assistance is not a loan etc.

39DC Civil penalty—inappropriate inducements

39DD Appropriate and inappropriate inducements

39DE Civil penalty—failure to provide VET FEEHELP notices

39DF Civil penalty—failure to comply with student requests

39DG Civil penalty—charging a fee etc. for a student to cancel an enrolment or request for assistance

39DH Civil penalty—accepting requests for Commonwealth assistance etc. when student not entitled

39DI Civil penalty—failure to advise about requests etc.

39DJ Civil penalty—failure to apportion fees appropriately

39DK Civil penalty—failure to publish fees

39DL Civil penalty—failure to report data

Subdivision 5AB—Infringement notices

39EA Infringement notices

39EB Infringement officers

39EC Relevant chief executive

Subdivision 5AC—Monitoring and investigation powers

39FA Monitoring powers

39FB Monitoring powers—persons exercising relevant roles etc.

39FC Investigation powers

39FD Investigation powers—persons exercising relevant roles etc.

Subdivision 5AD—Other matters

39GA Appointment of investigators

39GB Functions and powers

39GC Delegation by relevant chief executive etc.

39GD Other enforcement action

Part 2—VET FEEHELP assistance

Division 6—Introduction

40 What this Part is about

41 The VET Guidelines

Division 7—Who is entitled to VET FEEHELP assistance?

Subdivision 7A—Basic rules

43 Entitlement to VET FEEHELP assistance

44 Citizenship or residency requirements

45 Course requirements

45A VET unit of study not undertaken as part of VET course of study

45B Entry procedure requirements

45C Request for Commonwealth assistance requirements

45D Notional VET FEEHELP accounts

45E Effect of VET FEEHELP account being in deficit at the end of a calendar year

Subdivision 7B—Recrediting HELP balances in relation to VET FEEHELP assistance

46 Main case of recrediting a person’s HELP balance in relation to VET FEEHELP assistance

46A Recrediting a person’s HELP balance in relation to VET FEEHELP assistance—unacceptable conduct by provider or provider’s agent

46AA Recrediting a person’s HELP balance in relation to VET FEEHELP assistance—inappropriate conduct by provider or provider’s agent

46B Recrediting a person’s HELP balance in relation to VET FEEHELP assistance—VET FEEHELP account in deficit at the end of a calendar year

47 Recrediting a person’s HELP balance—no tax file number

48 Special circumstances

49 Application period

50 Dealing with applications

51 Recrediting a person’s HELP balance in relation to VET FEEHELP assistance if provider ceases to provide course of which unit forms part

51A Implications for the student’s liability to the VET provider for the VET tuition fee

Division 8—How are amounts of VET FEEHELP assistance worked out?

52 The amount of VET FEEHELP assistance for a VET unit of study

53 Upfront payments

54 Amounts of VET FEEHELP assistance, HECSHELP assistance and FEEHELP assistance must not exceed the HELP balance

Division 9—How are amounts of VET FEEHELP assistance paid?

55 Payments

56 Effect of HELP balance being recredited

Part 3—Administration

Division 10—Introduction

57 What this Part is about

58 The VET Guidelines

Division 11—Payments by the Commonwealth

59 What this Division is about

60 Time and manner of payments

61 Advances

62 Rounding of amounts

Division 12—Administrative requirements on VET providers

63 What this Division is about

64 Notices

65 Correction of notices

66 Charging VET tuition fees

67 Determining census dates

68 Communications with the Commonwealth concerning students etc.

Division 13—Electronic communications

69 What this Division is about

70 Guidelines may deal with electronic communications

Division 14—Management of information

71 What this Division is about

72 Meaning of VET personal information

73 Use of VET personal information

74 Meanings of VET officer etc. and official employment

75 When information is disclosed in the course of official employment

76 Commissioner may disclose information

77 Oath or affirmation to protect information

78 Unauthorised access to, or modification of, VET personal information

78A Officer may use information

78B This Division does not limit disclosure or use of information

Division 15—Tax file numbers

Subdivision 15A—Introduction

79 What this Division is about

Subdivision 15B—What are the tax file number requirements for assistance under Part 2?

80 Meeting the tax file number requirements

81 Who is an appropriate officer?

82 Student to notify tax file number when issued

Subdivision 15C—Who can the Commissioner notify of tax file number matters?

83 When tax file numbers are issued etc.

84 When tax file numbers are altered

85 When tax file numbers are incorrectly notified—students with tax file numbers

86 When tax file numbers are incorrectly notified—students without tax file numbers

87 When applications are refused or tax file numbers are cancelled

Subdivision 15D—Other provisions relating to tax file numbers

88 Giving information about tax file number requirements

89 No entitlement to VET FEEHELP assistance for students without tax file numbers

Division 16—Review of decisions

Subdivision 16A—Introduction

90 What this Division is about

Subdivision 16B—Which decisions are subject to review?

91 Reviewable VET decisions etc.

92 Deadlines for making reviewable VET decisions

93 Decision maker must give reasons for reviewable VET decisions

Subdivision 16C—How are decisions reconsidered?

94 Reviewer of decisions

95 Reviewer may reconsider reviewable VET decisions

96 Reconsideration of reviewable VET decisions on request

Subdivision 16D—Which decisions are subject to AAT review?

97 AAT review of reviewable VET decisions

Part 4—Miscellaneous

97A Compensation for acquisition of property

98 Delegations by Secretary

99 VET Guidelines

Schedule 1—Dictionary

1 Definitions

2 Index numbers

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

An Act relating to the funding of higher education, and for other purposes

Chapter 1Introduction

 

Division 1Preliminary

11  Short title

  This Act may be cited as the Higher Education Support Act 2003.

15  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 11 and 15 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

19 December 2003

2.  Sections 110 to 23815

The later of:

(a) 1 January 2004; and

(b) the day after the day on which this Act receives the Royal Assent.

1 January 2004

3.  Schedule 1

The later of:

(a) 1 January 2004; and

(b) the day after the day on which this Act receives the Royal Assent.

1 January 2004

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

110  Identifying defined terms

 (1) Many of the terms in this Act are defined in the Dictionary in Schedule 1.

 (2) Most of the terms that are defined in the Dictionary in Schedule 1 are identified by an asterisk appearing at the start of the term: as in “*accredited course”. The footnote with the asterisk contains a signpost to the Dictionary.

 (3) An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection or definition. Later occurrences of the term in the same provision are not usually asterisked.

 (4) Terms are not asterisked in headings, notes, examples, explanatory tables, guides, outline provisions or diagrams.

 (5) If a term is not identified by an asterisk, disregard that fact in deciding whether or not to apply to that term a definition or other interpretation provision.

 (6) The following basic terms used throughout the Act are not identified with an asterisk:

 

Terms that are not identified

Item

This term:

is defined in:

1

enrol

Schedule 1

2

higher education provider

section 161

3

student

Schedule 1

4

unit of study

Schedule 1

Division 2Objects

21  Objects of this Act

  The objects of this Act are:

 (a) to support a higher education system that:

 (i) is characterised by quality, diversity and equity of access; and

 (ii) contributes to the development of cultural and intellectual life in Australia; and

 (iii) is appropriate to meet Australia’s social and economic needs for a highly educated and skilled population; and

 (iv) promotes and protects free intellectual inquiry in learning, teaching and research; and

 (b) to support the distinctive purposes of universities, which are:

 (i) the education of persons, enabling them to take a leadership role in the intellectual, cultural, economic and social development of their communities; and

 (ii) the creation and advancement of knowledge; and

 (iii) the application of knowledge and discoveries to the betterment of communities in Australia and internationally;

  recognising that universities are established under laws of the Commonwealth, the States and the Territories that empower them to achieve their objectives as autonomous institutions through governing bodies that are responsible for both the university’s overall performance and its ongoing independence; and

 (c) to strengthen Australia’s knowledge base, and enhance the contribution of Australia’s research capabilities to national economic development, international competitiveness and the attainment of social goals; and

 (d) to support students undertaking higher education and certain vocational education and training.

Division 3Overview of this Act

31  General

  This Act primarily provides for the Commonwealth to give financial support for higher education and certain vocational education and training:

 (a) through grants and other payments made largely to higher education providers; and

 (b) through financial assistance to students (usually in the form of loans).

35  Grants for higher education assistance etc. (Chapter 2)

 (1) Chapter 2 sets out who are higher education providers, and provides for the following grants and payments:

 (a) grants under the Commonwealth Grant Scheme;

 (aa) grants for assisting Indigenous students;

 (b) other grants for particular purposes;

 (c) grants for Commonwealth scholarships.

 (2) Higher education providers will be universities, selfaccrediting entities or non selfaccrediting entities.

 (3) Chapter 2 also provides for the direct payment to students of certain Commonwealth scholarships.

310  Assistance to students (Chapter 3)

  Chapter 3 provides for the following assistance to students:

 (a) HECSHELP assistance for student contribution amounts;

 (b) FEEHELP assistance for tuition fees;

 (c) OSHELP assistance for overseas study;

 (d) SAHELP assistance for meeting student services and amenities fees imposed by higher education providers.

315  Repayment of loans (Chapter 4)

  Chapter 4 sets out how debts are incurred and worked out in relation to loans made under Chapter 3, and provides for their repayment.

320  Administration (Chapter 5)

  Chapter 5 provides for several administrative matters relating to the operation of this Act.

330  VET FEEHELP Assistance Scheme (Schedule 1A)

  Schedule 1A provides for financial assistance to students undertaking certain accredited vocational education and training (VET) courses.

Division 5Application of Act to Table C providers

51  Application of Act to Table C providers

General application to Table C providers

 (1) The provisions of this Act not listed in the table in subsection (2) or in subsection (4) apply to a *Table C provider, the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

Modified application to Table C providers

 (2) The provisions of this Act listed in the table apply to a *Table C provider in the way set out in the table.

 

Application of Act to Table C providers

Item

Provision

Application

1

Subdivision 19C (quality requirements)

Applies to the *Australian branch of the provider. However, *TEQSA may need to assess the overall performance of the provider as it relates to that branch.

2

Subdivision 19D (fairness requirements)

Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

2A

Section 1966A (*tuition protection requirements)

Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

3

Subdivision 19F (contribution and fee requirements)

Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

4

Part 33 (FEEHELP assistance)

Applies to eligible students of the *Australian branch of the provider, but only for units of study in which the students are enrolled at the Australian branch.

5

Part 34 (OSHELP assistance)

Applies to eligible students of the *Australian branch of the provider.

5A

Part 35 (SAHELP assistance)

Applies to eligible students of the *Australian branch of the provider who are enrolled at the Australian branch in a *course of study or *bridging course for overseastrained professionals.

6

Chapter 4 (Repayment of loans)

Applies to the *Australian branch of the provider and to students undertaking, or students who undertook, units of study at that branch.

7

Part 52 (Administrative requirements on higher education providers)

Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

8

Part 53 (Electronic communications)

Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

9

Part 54 (Management of information)

Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

10

Part 55 (Tax file numbers)

Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

11

Part 57 (Review of decisions)

Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

Provisions that do not apply to Table C providers

 (3) The provisions of this Act listed in subsection (4) do not apply to:

 (a) a *Table C provider; or

 (b) the *Australian branch of the provider; or

 (c) students in their capacity as students of that provider or of that branch.

 (4) The provisions are as follows:

 (a) Part 22 (Commonwealth Grant Scheme);

 (aa) Part 22A (Indigenous student assistance grants);

 (b) Part 23 (Other grants);

 (c) Part 24 (Commonwealth scholarships);

 (d) Part 25 (Reduction and repayment of grants);

 (e) Part 32 (HECSHELP assistance);

 (f) Schedule 1A (VET FEEHELP Assistance Scheme).

Division 6Schedule 1A

61  Schedule 1A

  Schedule 1A has effect.

Chapter 2Grants for higher education assistance etc.

 

Division 8Introduction

81  What this Chapter is about

This Chapter provides for who are higher education providers, and for 4 kinds of grants to be made.

Part 21 sets out who are higher education providers (universities, selfaccrediting entities and non selfaccrediting entities), the quality and accountability requirements for higher education providers and how bodies cease to be higher education providers.

Note: Except in very limited cases, only higher education providers can get grants under this Chapter.

The 4 kinds of grants available under this Chapter are:

 grants under Part 22 (Commonwealth Grant Scheme) to certain higher education providers. These grants are paid in relation to Commonwealth supported places. Grants are made subject to conditions; and

 grants under Part 22A to Table A providers and Table B providers to assist Indigenous students; and

 other grants under Part 23 to higher education providers and other bodies corporate for a variety of purposes; and

 grants for Commonwealth scholarships to certain higher education providers under Part 24.

The amount of a grant may be reduced, or an amount paid may be required to be repaid, if the recipient breaches a quality and accountability requirement or a condition of the grant (see Part 25).

Note: A body’s approval as a higher education provider may be suspended or revoked for such a breach.

This Chapter also provides for the direct payment to students of certain Commonwealth scholarships under Part 24.

Part 21Higher education providers

Division 13Introduction

131  What this Part is about

A body generally has to be approved as a higher education provider before it can receive grants, or its students can receive assistance, under this Act. Listed providers (universities and certain selfaccrediting entities) have that approval upon commencement of this Act. Table C providers have that approval from the time they are included in Table C. Bodies that do not have that automatic approval, or whose approval has been revoked, have to apply for approval.

Higher education providers are subject to the quality and accountability requirements.

A body’s approval as a higher education provider may be revoked in circumstances such as breach of a quality and accountability requirement.

135  The Higher Education Provider Guidelines

  Higher education providers and the *quality and accountability requirements are also dealt with in the Higher Education Provider Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The Higher Education Provider Guidelines are made by the Minister under section 23810.

Division 16What is a higher education provider?

Subdivision 16AGeneral

161  Meaning of higher education provider

 (1) A higher education provider is a body corporate that is approved under this Division.

 (2) Despite subsection (1), a body other than a body corporate may be approved under this Division as a higher education provider if the body is covered by an exemption under subsection (3).

 (3) The Minister may, in writing, exempt a body for the purposes of this section if the body is established by or under a law of the Commonwealth, a State or a Territory.

 (4) If the Minister exempts a body under subsection (3), references in this Act, other than in this section, to a body corporate are taken to include the body.

 (5) An exemption given under this section is not a legislative instrument.

165  When a body becomes or ceases to be a higher education provider

 (1) A *listed provider is taken to be approved as a higher education provider from the commencement of this Act.

 (1A) A *Table C provider is taken to be approved as a higher education provider from the commencement of the provision that included the provider in Table C in section 1622.

 (2) A body corporate:

 (a) that is not a *listed provider or a *Table C provider; or

 (b) that is a listed provider or a Table C provider that has previously ceased to be a higher education provider;

becomes a provider if approved by the Minister under section 1625.

 (3) A higher education provider ceases to be a provider if the provider’s approval is revoked or suspended under Division 22 or the notice of the provider’s approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.

Subdivision 16BWhich bodies are listed providers?

1610  Listed providers

  The following are listed providers:

 (a) a *Table A provider;

 (b) a *Table B provider.

1615  Table A providers

 (1) The following are Table A providers:

 

Table A providers

Providers

Central Queensland University

Charles Darwin University

Charles Sturt University

Curtin University

Deakin University

Edith Cowan University

Federation University Australia

Flinders University

Griffith University

James Cook University

La Trobe University

Macquarie University

Monash University

Murdoch University

Queensland University of Technology

Royal Melbourne Institute of Technology

Southern Cross University

Swinburne University of Technology

The Australian National University

The University of Adelaide

The University of Melbourne

The University of Queensland

The University of Sydney

The University of Western Australia

University of Canberra

University of Newcastle

University of New England

University of New South Wales

University of South Australia

University of Southern Queensland

University of Tasmania

University of Technology Sydney

University of the Sunshine Coast

University of Wollongong

Victoria University

Western Sydney University

Australian Catholic University

Batchelor Institute of Indigenous Tertiary Education

 (2) However, a body is not a Table A provider if its approval as a higher education provider is revoked or suspended.

1620  Table B providers

 (1) The following are Table B providers:

 

Table B providers

Providers

Bond University

The University of Notre Dame Australia

University of Divinity

Torrens University Australia

 (2) However, a body is not a Table B provider if its approval as a higher education provider is revoked or suspended.

1622  Table C providers

 (1) The following are Table C providers:

 

Table C providers

Providers

Carnegie Mellon University, a nonprofit organisation established under Pennsylvania law

 (2) However, a body is not a Table C provider if its approval as a higher education provider is revoked or suspended.

Note: A Table C provider is not entitled to receive a grant under this Chapter: see section 51.

Subdivision 16CHow are bodies approved as higher education providers?

1625  Approval by the Minister

 (1) The Minister, in writing, may approve a body corporate as a higher education provider if:

 (a) the body:

 (i) is established under the law of the Commonwealth, a State or a Territory; and

 (ii) carries on business in Australia; and

 (iii) has its central management and control in Australia; and

 (aa) subject to subsection (2), the body’s principal purpose is, or is taken to be, either or both of the following:

 (i) to provide education;

 (ii) to conduct research; and

 (b) the body is:

 (i) an *Australian university; or

 (ii) a *selfaccrediting entity; or

 (iii) a *non selfaccrediting entity; and

 (c) the Minister is satisfied that the body will meet the *tuition protection requirements (if applicable); and

 (da) the body offers at least one *course of study that leads to a *higher education award; and

 (db) the course of study is an *accredited course in relation to the body; and

 (e) the body applies for approval as provided for in section 1640; and

 (f) the Minister is satisfied that the body is willing and able to meet the *quality and accountability requirements; and

 (fa) the body complies with any requirements set out in the Higher Education Provider Guidelines; and

 (fb) the Minister is satisfied that the body has sufficient experience in the provision of higher education; and

 (g) the Minister is satisfied that:

 (i) the body; and

 (ii) each person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body’s affairs;

  is a fit and proper person.

 (2) For the purpose of paragraph (1)(aa), the Minister may determine that a body’s principal purpose is taken to be either or both of the following:

 (a) to provide education;

 (b) to conduct research;

if the Minister is satisfied that any of the body’s purposes do not conflict with the body’s purpose of providing education and/or conducting research.

 (2A) For the purposes of paragraph (1)(fb), the Minister may have regard to the following:

 (a) whether the body has been a *registered higher education provider for 3 or more years;

 (b) the history of the body, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the body’s affairs, in delivering higher education;

 (c) the scope of courses and level of qualifications the body, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the body’s affairs, has experience in providing.

 (3) The Minister must, in deciding whether he or she is satisfied that a person is a fit and proper person, take into account the matters specified in an instrument under subsection (4). The Minister may take into account any other matters he or she considers relevant.

 (4) The Minister must, by legislative instrument, specify matters for the purposes of subsection (3).

1627  Body must be a registered higher education provider

  Despite section 1625, the Minister must not approve a body corporate as a higher education provider unless the body is a *registered higher education provider.

1630  The tuition protection requirements

  The tuition protection requirements are:

 (a) the requirements set out in Part 51A (including in the Higher Education Provider Guidelines made for the purposes of that Part); and

 (b) the requirements set out in the Higher Education Provider Guidelines for the purposes of this paragraph.

1640  Application

 (1) A body corporate that is a *registered higher education provider may apply, in writing, to the Minister for approval as a higher education provider under this Act.

 (1A) However, if:

 (a) the body corporate made an application (the earlier application) under subsection (1); and

 (b) the Minister decided not to approve the earlier application;

the body corporate cannot make another application under that subsection within 6 months after the day on which notice of the decision on the earlier application was given to the body corporate.

 (2) The application:

 (a) must be in the form approved by the Minister; and

 (b) must be accompanied by such information as the Minister requests; and

 (c) must be accompanied by the fee (if any) prescribed by, or worked out in accordance with the method prescribed by, the Higher Education Provider Guidelines.

Note: The guidelines may prescribe different fees, or methods, for applications made by different kinds of applicant: see subsection 33(3A) of the Acts Interpretation Act 1901.

 (3) A fee prescribed, or worked out in accordance with a method prescribed, for the purposes of subsection (2) must not be such as to amount to taxation.

1645  Minister may seek further information

 (1) For the purposes of determining an application, the Minister may, by notice in writing, require an applicant to provide such further information as the Minister directs within the period specified in the notice.

 (2) If an applicant does not comply with a requirement under subsection (1), the application is taken to have been withdrawn.

 (3) A notice under this section must include a statement about the effect of subsection (2).

1650  Minister to decide application

 (1) The Minister must:

 (a) decide an application for approval as a higher education provider; and

 (b) cause the applicant to be notified in writing whether or not the applicant is approved as a higher education provider.

 (2) For the purposes of paragraph 1625(1)(f), the Minister may be satisfied that a body corporate is willing and able to meet the *quality and accountability requirements if the body gives the Minister such written undertakings as the Minister requires.

 (3) The Minister’s decision must be made:

 (a) within 90 days after receiving the application; or

 (b) if further information is requested under section 1645—within 60 days after the end of the period within which the information was required to be provided under that section;

whichever is the later.

 (3A) However, contravention of subsection (3) does not affect the Minister’s power to decide the application or the Minister’s obligation to comply with subsection (1).

 (4) If the Minister decides that an applicant is approved as a higher education provider, the notice must also contain such information as is specified in the Higher Education Provider Guidelines as information that must be provided to an applicant upon approval as a higher education provider.

1655  Approvals are legislative instruments

 (1) A notice of approval under paragraph 1650(1)(b) is a legislative instrument.

 (2) A decision of the Minister to approve a body corporate as a higher education provider takes effect when the notice of approval commences under the Legislation Act 2003.

Note: Section 12 of the Legislation Act 2003 provides for when a legislative instrument commences.

1660  Conditions of approval

 (1) The Minister may impose conditions on a body corporate’s approval as a higher education provider. Such conditions need not be imposed at the time notice of approval is given to the provider.

 (2) The Minister may vary a condition imposed under subsection (1).

 (3) The conditions may include the following:

 (a) that a specified limit on the total number of students entitled to *FEEHELP assistance applies to the provider for a specified period;

 (b) that a specified limit on the total amount of FEEHELP assistance payable to the provider applies to the provider for a specified period;

 (c) that FEEHELP assistance is payable only in relation to specified units of study offered by the higher education provider;

 (d) that FEEHELP assistance is not payable in relation to specified units of study offered by the higher education provider;

 (e) that units of study provided in a specified manner or by a specified mode of delivery by the higher education provider are units in relation to which FEEHELP assistance is unavailable.

 (4) Subsection (3) does not limit the conditions the Minister may impose on the approval.

1665  Minister to cause higher education provider to be notified of change in condition of approval

  The Minister must, within 30 days of his or her decision to impose or vary a condition on a higher education provider, cause the provider to be notified, in writing, of:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) the period for which the condition is imposed.

1670  Variation of approval if body’s name changes

 (1) If a body corporate is approved as a higher education provider under section 1625 and the body’s name changes, the Minister may vary the approval to include the new name.

 (2) The Minister must notify the body in writing of the variation.

 (3) A notice of variation under subsection (2) is a legislative instrument.

 (4) The variation takes effect when the notice of variation commences under the Legislation Act 2003.

Note: Section 12 of the Legislation Act 2003 provides for when a legislative instrument commences.

Division 19What are the quality and accountability requirements?

Subdivision 19AGeneral

191  The quality and accountability requirements

  The quality and accountability requirements are:

 (a) the *financial viability requirements (see Subdivision 19B); and

 (b) the *quality requirements (see Subdivision 19C); and

 (c) the *fairness requirements (see Subdivision 19D); and

 (d) the *compliance requirements (see Subdivision 19E); and

 (e) the *contribution and fee requirements (see Subdivision 19F); and

 (f) the *compact and academic freedom requirements (see Subdivision 19G).

Subdivision 19BThe financial viability requirements

195  Basic requirement

  A higher education provider:

 (a) must be financially viable; and

 (b) must be likely to remain financially viable.

1910  Financial information must be provided

 (1) A higher education provider must give to the Minister a financial statement for each *annual financial reporting period for the provider in which:

 (a) the provider receives assistance under this Chapter; or

 (b) a student of the provider receives assistance under Chapter 3.

 (2) The statement:

 (a) must be in the form approved by the Minister; and

 (ab) comply with any requirements prescribed by the Higher Education Provider Guidelines; and

 (b) must be provided together with a report on the statement by an independent *qualified auditor; and

 (c) must be provided within 6 months after the end of the *annual financial reporting period for which the statement was given.

 (2A) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, requirements made for the purposes of paragraph (2)(ab) of this section may make different provision in relation to different kinds of providers, circumstances or any other matter.

 (3) An annual financial reporting period, for a higher education provider, is the period of 12 months:

 (a) to which the provider’s accounts relate; and

 (b) that is notified in writing to the Minister as the provider’s annual financial reporting period.

1912  Minister to have regard to financial information and matters prescribed in Higher Education Guidelines

  In determining whether a higher education provider is financially viable, and likely to remain so, the Minister must have regard to:

 (a) any financial statement provided by the provider under section 1910; and

 (b) the matters (if any) prescribed by the Higher Education Provider Guidelines.

Subdivision 19CThe quality requirements

1915  Provider must maintain quality

  A higher education provider must operate, and continue to operate, at a level of quality:

 (a) that meets the Threshold Standards (within the meaning of the *TEQSA Act); and

 (b) that meets the requirements imposed by or under the TEQSA Act on, or in relation to, the provider.

Subdivision 19DThe fairness requirements

1930  Basic requirement

  A higher education provider must treat fairly:

 (a) all of its students; and

 (b) all of the persons seeking to enrol with the provider.

1935  Benefits and opportunities must be available equally to all students

 (1) A higher education provider that receives assistance under this Chapter in respect of a student, or a class of students, must ensure that the benefits of, and the opportunities created by, the assistance are made equally available to all such students, or students in such class, in respect of whom that assistance is payable.

 (2) A higher education provider that receives:

 (a) any grant or allocation under this Chapter; or

 (b) any payment under section 1241 on account of amounts of *OSHELP assistance;

must have open, fair and transparent procedures that, in the provider’s reasonable view, are based on merit for making decisions about the selection of students who are to benefit from the grant, allocation or payment.

 (3) Subsection (2) does not prevent a higher education provider taking into account, in making such decisions about the selection of students, educational disadvantages that a particular student has experienced.

 (4) A higher education provider that receives any payment under section 1101 on account of amounts of *FEEHELP assistance for a unit of study must have open, fair and transparent procedures that, in the provider’s reasonable view, are based on merit for making decisions about:

 (a) the selection, from among the persons who seek to enrol with the provider in that unit of study, of persons to enrol; and

 (b) the treatment of students undertaking that unit of study.

 (5) Subsection (4) does not prevent a higher education provider taking into account, in making decisions mentioned in that subsection, educational disadvantages that a particular student has experienced.

1936  Misrepresenting assistance under Chapter 3

  A higher education provider must not represent, whether by publishing or otherwise, that assistance payable under Chapter 3:

 (a) is not a loan; or

 (b) does not have to be repaid.

Civil penalty: 240 penalty units.

1936A  Offering certain inducements

 (1) A higher education provider must not offer or provide a benefit, or cause a benefit to be offered or provided, if the benefit would be reasonably likely to induce a person to make a *request for Commonwealth assistance in relation to enrolling in a unit of study with the provider.

Civil penalty: 120 penalty units.

 (2) Subsection (1) does not apply in relation to a benefit specified in the Higher Education Provider Guidelines.

1936B  Engaging in coldcalling

 (1) This section applies if a higher education provider coldcalls another person to market, advertise or promote a unit of study or a *course of study.

 (2) The higher education provider must not mention the possible availability of *FEEHELP assistance for students undertaking the unit of study or *course of study.

Civil penalty: 60 penalty units.

 (3) For the purposes of this section, coldcalling includes making unsolicited contact with a person:

 (a) in person; or

 (b) by telephone, email or other form of electronic communication.

 (4) The Higher Education Provider Guidelines may set out conduct that is taken to be coldcalling for the purposes of this section.

1936C  Use of third party contact lists

 (1) This section applies if a higher education provider:

 (a) receives a person’s contact details from another person; and

 (b) contacts the student to market, advertise or promote a unit of study or a *course of study, or enrol the student in a unit of study or course of study.

 (2) The higher education provider must not mention the possible availability of *FEEHELP assistance for students undertaking the unit of study or *course of study.

Civil penalty: 60 penalty units.

 (3) Subsection (2) does not apply in circumstances specified in the Higher Education Provider Guidelines.

1936D  Other marketing requirements

 (1) The Higher Education Provider Guidelines may set out requirements in relation to the marketing of courses in circumstances where assistance may be payable by the Commonwealth under Chapter 3.

 (2) A higher education provider contravenes this subsection if the provider:

 (a) is subject to a requirement under subsection (1); and

 (b) fails to comply with the requirement.

Civil penalty: 60 penalty units.

1936E  Requirements relating to requests for Commonwealth assistance

  A higher education provider must not complete any part of a *request for Commonwealth assistance that a student is required to complete.

Civil penalty: 120 penalty units.

1937  Requiring membership of certain organisations or payment of certain amounts

 (1) A higher education provider must not:

 (a) require a person to be or to become a member of an organisation of students, or of students and other persons; or

 (b) require a person enrolled with, or seeking to enrol with, the provider to pay to the provider or any other entity an amount in respect of an organisation of students, or of students and other persons;

unless the person has chosen to be or to become a member of the organisation.

 (2) A higher education provider must not require a person enrolled with, or seeking to enrol with, the provider to pay to the provider or any other entity an amount for the provision to students of an amenity, facility or service that is not of an academic nature, unless the person has chosen to use the amenity, facility or service.

 (3) Subsection (2) does not apply to an amount that the higher education provider requires the person to pay if the amount is for goods or services that:

 (a) are essential for the course of study in which the person is enrolled or seeking to enrol; and

 (b) the person has the choice of acquiring from, but does not acquire from, a supplier other than the higher education provider; and

 (c) either:

 (i) are goods that become the property of the person that are not intended to be consumed during the course of study; or

 (ii) consist of food, transport or accommodation associated with provision of field trips in connection with the course of study.

 (4) Subsection (2) does not apply to a *student services and amenities fee that the higher education provider requires the person to pay.

 (5) A student services and amenities fee is an amount:

 (a) that a higher education provider requires a person enrolled, or seeking to enrol, with the provider to pay for a period starting on or after 1 January 2012 to support the provision to students of amenities and services not of an academic nature, regardless of whether the person chooses to use any of those amenities and services; and

 (b) that is determined by the provider in accordance with the Administration Guidelines; and

 (c) that is not more than the amount worked out for that period for the person in accordance with those guidelines; and

 (d) that is payable on a day determined in accordance with those guidelines; and

 (e) that is such that the total of all amounts that are covered by paragraphs (a), (b), (c) and (d) for the same provider and person is not more than $263, for amounts for periods falling wholly or partly within a calendar year starting on or after 1 January 2012.

Note 1: The Administration Guidelines are made by the Minister under section 23810.

Note 2: The amount of $263 mentioned in paragraph (5)(e) is indexed under Part 56.

Note 3: Paragraph 19102(3)(b) prevents a student services and amenities fee from being a fee as defined in section 19102.

 (6) If a higher education provider determines a *student services and amenities fee, the provider:

 (a) must publish, in accordance with the Administration Guidelines:

 (i) enough information to enable a person liable to pay the fee to work out the amount of the fee; and

 (ii) notice of the day on which the fee is payable; and

 (b) must, on request by a person who is or may become liable to pay the fee, inform the person of the amount of the fee and the day on which it is or would be payable.

1938  Higher education providers’ expenditure of student services and amenities fees

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

 (a) a political party; or

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

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

 (ii) a local government body.

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

 (a) a political party; or

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

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

 (ii) a local government body.

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

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

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

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

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

 (d) caring for children of students;

 (e) providing legal services to students;

 (f) promoting the health or welfare of students;

 (g) helping students secure accommodation;

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

 (i) helping students with their financial affairs;

 (j) helping students obtain insurance against personal accidents;

 (k) supporting debating by students;

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

 (m) supporting an artistic activity by students;

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

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

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

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

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

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

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

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

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

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

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

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

Note: An amount of SAHELP assistance paid to a provider is an amount paid to the provider as a student services and amenities fee because, under section 1281, the SAHELP assistance is paid to discharge the student’s liability to pay the fee.

 (7) Subsection (6) does not limit subsection 16410(2).

Note: Subsection 16410(2) applies to an advance on account of an amount the conditions that would apply to payment of the amount.

1942  Assessment of students as academically suited

 (1) Before enrolling a student in a unit of study, a higher education provider must assess the student as academically suited to undertake the unit concerned.

Civil penalty: 120 penalty units.

 (2) The assessment for the purposes of subsection (1) must be done in accordance with any requirements specified in the Higher Education Provider Guidelines.

1945  Student grievance and review procedures

Must have grievance and review procedures

 (1) A higher education provider must have:

 (a) a grievance procedure for dealing with complaints by the provider’s students, and persons who seek to enrol in *courses of study with the provider, relating to nonacademic matters; and

 (b) a grievance procedure for dealing with complaints by the provider’s students relating to academic matters; and

 (c) a review procedure for dealing with review of decisions made by the provider:

 (i) under section 3620; or

 (ii) relating to assistance under Chapter 3.

Note: Part 57 also deals with reconsideration and review of decisions.

 (2) Except where the provider is a *Table A provider, the grievance procedures referred to in paragraphs (1)(a) and (b) must comply with the requirements of the Higher Education Provider Guidelines.

 (3) The review procedure referred to in paragraph (1)(c) must comply with the requirements of the Higher Education Provider Guidelines.

Guidelines may provide for matters relating to reviews

 (4) The Higher Education Provider Guidelines may provide for matters relating to reviews of decisions made by higher education providers:

 (a) under section 3620; or

 (b) relating to assistance under Chapter 3;

including procedures that are to be followed by *review officers when reviewing those decisions.

Provider to comply with procedures

 (5) The provider must comply with its grievance and review procedures.

Civil penalty: 60 penalty units.

Provider to provide information about procedures

 (6) The provider must publish, and make publicly available, up to date information setting out the procedures.

Provider to provide information about other complaint mechanisms

 (7) The provider must publish information about any other complaint mechanisms available to complain about the provider’s decisions.

1950  Higher education providers to appoint review officers

 (1) A higher education provider must appoint a *review officer to undertake reviews of decisions made by the provider:

 (a) under section 3620; or

 (b) relating to assistance under Chapter 3.

Note: The Secretary may delegate to a review officer of a higher education provider the power to reconsider decisions of the provider under Division 209: see subsection 2381(2).

 (2) A review officer of a higher education provider is a person, or a person included in a class of persons, whom:

 (a) the chief executive officer of the provider; or

 (b) a delegate of the chief executive officer of the provider;

has appointed to be a review officer of the provider for the purposes of reviewing decisions made by the provider:

 (c) under section 3620; or

 (d) relating to assistance under Chapter 3.

1955  Review officers not to review own decisions

  A higher education provider must ensure that a *review officer of the provider:

 (a) does not review a decision that the review officer was involved in making; and

 (b) in reviewing a decision of the provider, occupies a position that is senior to that occupied by any person involved in making the original decision.

1960  Procedures relating to personal information

 (1) A higher education provider must comply with the Australian Privacy Principles in respect of *personal information obtained for the purposes of section 3620 or Chapter 3 or 4.

 (2) A higher education provider must have a procedure under which a student enrolled with the provider may apply to the provider for, and receive, a copy of *personal information that the provider holds in relation to that student.

 (3) The provider must comply with:

 (a) the requirements of the Higher Education Provider Guidelines relating to *personal information in relation to students; and

 (b) the procedure referred to in subsection (2).

Subdivision 19EThe compliance requirements

1965  Basic requirements

 (1) A higher education provider must comply with:

 (a) this Act and the regulations; and

 (b) the Guidelines made under section 23810 that apply to the provider; and

 (c) a condition imposed on the provider’s approval as a higher education provider.

 (2) A higher education provider must provide information to the Minister in relation to the affairs of the provider in accordance with the requirements of this Act.

 (3) A higher education provider’s administrative arrangements must support the provision of assistance under this Act.

1966  Higher education provider charge

 (1) A higher education provider must pay the following when it is due and payable by the provider:

 (a) *higher education provider charge;

 (b) any penalty for late payment of higher education provider charge.

Note: Higher education provider charge is imposed by the Higher Education Support (Charges) Act 2019.

 (2) The Higher Education Provider Guidelines may make provision for, or in relation to, all or any of the following matters:

 (a) the issue of notices setting out the amount of *higher education provider charge payable by a provider;

 (b) when higher education provider charge is due and payable;

 (c) the issue of notices extending the time for payment of higher education provider charge;

 (d) penalties for late payment of higher education provider charge;

 (e) to whom higher education provider charge and any penalties for late payment are payable;

 (f) the refund, remission or waiver of higher education provider charge or penalties for late payment;

 (g) the review of decisions made under the Higher Education Provider Guidelines in relation to the collection or recovery of higher education provider charge;

 (h) any other matters relating to the collection or recovery of higher education provider charge.

1966A  Tuition protection requirements

 (1) A higher education provider to whom Part 51A applies must comply with the *tuition protection requirements.

Note: See section 1665 for the providers to whom Part 51A applies.

Civil penalty: 60 penalty units.

 (2) A higher education provider to whom Part 51A applies must pay the following when it is due and payable by the provider:

 (a) *HELP tuition protection levy;

 (b) any penalty for late payment of HELP tuition protection levy.

Note: HELP tuition protection levy is imposed by the Higher Education Support (HELP Tuition Protection Levy) Act 2020. Amounts of levy for a year are either determined before, or indexed on, 1 August in the year: see sections 9 and 10 of that Act.

 (3) The Higher Education Provider Guidelines may make provision for, or in relation to, all or any of the following matters:

 (a) the issue of notices setting out the amount of *HELP tuition protection levy payable by a provider;

 (b) when HELP tuition protection levy is due and payable;

 (c) the issue of notices extending the time for payment of HELP tuition protection levy;

 (d) penalties for late payment of HELP tuition protection levy;

 (e) to whom HELP tuition protection levy and any penalties for late payment are payable;

 (f) the refund, remission or waiver of HELP tuition protection levy or penalties for late payment;

 (g) the review of decisions made under the Higher Education Provider Guidelines in relation to the collection or recovery of HELP tuition protection levy;

 (h) any other matters relating to the collection or recovery of HELP tuition protection levy.

1967  Special requirements for student services, amenities, representation and advocacy in 2012 and later years

 (1) A higher education provider that receives a grant under Part 22 in respect of the year 2012 or a later year must comply in respect of the year with the requirements of the Student Services, Amenities, Representation and Advocacy Guidelines as those guidelines were in force on the 30 June just before the year.

Note: The Student Services, Amenities, Representation and Advocacy Guidelines are made by the Minister under section 23810.

 (2) The Student Services, Amenities, Representation and Advocacy Guidelines may provide for:

 (a) requirements for providing students with information about services that are not of an academic nature and that support students; and

 (b) requirements for providing students with access to such services; and

 (c) requirements relating to the representation and advocacy of the interests of students.

 (3) However, the Student Services, Amenities, Representation and Advocacy Guidelines cannot require a provider to fund an organisation of students, or of students and other persons.

 (4) Subsection 1965(1) does not apply in relation to the Student Services, Amenities, Representation and Advocacy Guidelines.

1970  Provider to provide statement of general information

 (1) A higher education provider must give to the Minister such statistical and other information that the Minister by notice in writing requires from the provider in respect of:

 (a) the provision of higher education by the provider; and

 (b) compliance by the provider with the requirements of this Act.

 (2) The information must be provided:

 (a) in a form (if any) approved by the Minister for the information; and

 (b) in accordance with such other requirements as the Minister makes.

 (3) A notice under this section must not require the giving of information that a higher education provider is required to give to the Minister under section 1995.

 (4) A higher education provider contravenes this subsection if the provider:

 (a) is subject to a requirement under this section; and

 (b) does not comply with the requirement.

Civil penalty: 60 penalty units.

1971  Cooperation with HESA and TEQSA investigators

 (1) A higher education provider must cooperate with *HESA investigators and *TEQSA investigators who are performing functions or exercising powers under this Act.

 (2) A higher education provider must not obstruct or hinder a *HESA investigator or a *TEQSA investigator who is performing functions or exercising powers under this Act.

Civil penalty: 60 penalty units.

1972  Providers must keep records

 (1) A higher education provider must keep records of a kind, in the manner and for the period specified in the Higher Education Provider Guidelines.

 (2) A higher education provider contravenes this subsection if the provider:

 (a) is subject to a requirement under this section; and

 (b) does not comply with the requirement.

Civil penalty: 60 penalty units.

1973  Providers must publish information

 (1) A higher education provider must publish information of the kind, in the manner and within the period specified in the Higher Education Provider Guidelines.

 (2) A higher education provider contravenes this subsection if the provider:

 (a) is subject to a requirement under this section; and

 (b) does not comply with the requirement.

Civil penalty: 60 penalty units.

1975  Notice of events that affect provider’s ability to comply with conditions of Commonwealth assistance

  A higher education provider must by writing inform the Minister of any event affecting:

 (a) the provider; or

 (b) a *related body corporate of the provider;

that may significantly affect the provider’s capacity to meet the conditions of grants under this Chapter or the *quality and accountability requirements.

Civil penalty: 60 penalty units.

1977  Notice of events affecting accreditation

  A higher education provider must by writing inform the Minister of any event affecting:

 (a) the provider; or

 (b) a *related body corporate of the provider;

that relates to:

 (c) the provider’s authority conferred by or under the *TEQSA Act to selfaccredit one or more *courses of study; or

 (d) TEQSA’s accreditation of a course of study that is an *accredited course in relation to the provider.

Civil penalty: 60 penalty units.

1978  Notice of events significantly affecting TEQSA registration

 (1) A higher education provider must by writing inform the Minister of any event significantly affecting:

 (a) the provider; or

 (b) a *related body corporate of the provider;

that relates to the provider’s registration as a *registered higher education provider.

Civil penalty: 60 penalty units.

 (2) If a higher education provider informs the Minister of an event under section 1977, the provider need not inform the Minister of the event under this section.

1980  Compliance assurance—provider (other than Table A provider)

 (1) The Minister may require a higher education provider (other than a *Table A provider) to be audited as to compliance with any one or more of the following requirements:

 (a) the *financial viability requirements;

 (b) the *fairness requirements;

 (c) the *compliance requirements;

 (d) the *contribution and fee requirements.

 (2) The audit must be conducted:

 (a) by a body determined in writing by the Minister; and

 (b) at such time or times, and in such manner, as the Minister requires.

 (2A) To avoid doubt, if the Minister makes a determination under subsection (2) in relation to *TEQSA, the determination is not a direction for the purposes of subsection 136(2) of the *TEQSA Act.

 (3) The provider must:

 (a) fully cooperate with the auditing body in the course of its audit; and

 (b) pay to the auditing body any charges payable for such an audit.

 (3A) A higher education provider contravenes this subsection if the provider:

 (a) is being audited under this section; and

 (b) does not cooperate with the auditing body in the course of its audit.

Civil penalty: 60 penalty units.

 (4) A determination made under paragraph (2)(a) is not a legislative instrument.

1982  Compliance notices

Grounds for giving a compliance notice

 (1) The Minister may give a higher education provider a written notice (a compliance notice) in accordance with this section if the Minister is satisfied that the provider has not complied with, or is aware of information that suggests that the provider may not comply with, one or more of the following:

 (a) this Act or the regulations;

 (b) the Guidelines made under section 23810 that apply to the provider;

 (c) a condition imposed on the provider’s approval as a higher education provider.

Content of compliance notice

 (2) The compliance notice must:

 (a) set out the name of the provider to which the notice is given; and

 (b) set out brief details of the noncompliance or possible noncompliance; and

 (c) specify action that the provider must take, or refrain from taking, in order to address the noncompliance or possible noncompliance; and

 (d) specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

 (e) if the Minister considers it appropriate—specify a reasonable period within which the provider must provide the Minister with evidence that the provider has taken, or refrained from taking, the specified action; and

 (f) in any case—state that a failure to comply with the notice is a breach of a *quality and accountability requirement which may lead to the provider’s approval as a higher education provider being suspended or revoked; and

 (g) in any case—set out any other matters specified in the Higher Education Provider Guidelines for the purposes of this paragraph.

Matters that Minister must consider in giving compliance notice

 (3) In deciding whether to give the compliance notice, the Minister must consider all of the following matters:

 (a) whether the noncompliance or possible noncompliance is of a minor or major nature;

 (b) the period for which the provider has been approved as a higher education provider;

 (c) the provider’s history of compliance with:

 (i) this Act and the regulations; and

 (ii) the Guidelines made under section 23810 that apply to the provider; and

 (iii) any conditions imposed on the provider’s approval as a higher education provider;

 (d) the impact of the higher education provider’s noncompliance or possible noncompliance, and of the proposed compliance notice, on:

 (i) the provider’s students; and

 (ii) the provision of higher education generally;

 (e) the public interest;

 (f) any other matter specified in the Higher Education Provider Guidelines for the purposes of this paragraph.

Higher Education provider to comply with compliance notice

 (4) A higher education provider must comply with a compliance notice given to the provider under this section.

Civil penalty: 60 penalty units.

Variation and revocation of compliance notice

 (5) The Minister may, by written notice given to the higher education provider, vary or revoke a compliance notice if, at the time of the variation or revocation, the Minister considers that taking such action is in the public interest.

Note: A variation could, for example, specify different action to be taken by the provider or a different period for complying with the notice.

 (6) In deciding whether to vary or revoke the compliance notice, the Minister must consider any submissions that are received from the higher education provider before the end of the period mentioned in paragraph (2)(d).

Compliance notice not required before suspending or revoking approval

 (7) To avoid doubt, the Minister need not give a compliance notice under this section before suspending or revoking the provider’s approval as a higher education provider in accordance with Division 22.

Subdivision 19FWhat are the contribution and fee requirements?

1985  Basic requirement

  A higher education provider must charge, in accordance with the requirements of this Act, *student contribution amounts and *tuition fees for each unit of study in which it enrols students.

1987  Determining student contribution amounts for all places in units

 (1) This section applies to a unit of study:

 (a) that a higher education provider provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines; and

 (b) in relation to which the provider may advise a person that he or she is a *Commonwealth supported student.

 (2) The provider must determine, for places in the unit, one or more *student contribution amounts that are to apply to students who may enrol in the unit during the period.

 (2A) In determining more than one *student contribution amount under subsection (2), the provider may have regard to any matters the provider considers appropriate, other than matters specified in the Higher Education Provider Guidelines as matters to which a provider must not have regard.

 (3) The provider must not vary a *student contribution amount unless the provider:

 (a) does so:

 (i) before the date ascertained in accordance with the Higher Education Provider Guidelines; and

 (ii) in circumstances specified in the Higher Education Provider Guidelines; or

 (b) does so with the written approval of the Minister.

1990  Determining tuition fees for all students

 (1) This section applies to a unit of study that a higher education provider provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines.

 (2) The provider must determine, for the unit, one or more *fees that are to apply to students who may enrol in the unit during the period.

 (3) In determining more than one *fee under subsection (2), the provider may have regard to any matters the provider considers appropriate, other than matters specified in the Higher Education Provider Guidelines as matters to which a provider must not have regard.

 (4) The provider must not vary a *fee unless the provider:

 (a) does so:

 (i) before the date ascertained in accordance with the Higher Education Provider Guidelines; and

 (ii) in circumstances specified in the Higher Education Provider Guidelines; or

 (b) does so with the written approval of the Minister.

1995  Schedules of student contribution amounts for places and tuition fees

 (1) A higher education provider must give the Minister a schedule of the *student contribution amounts for places, and *tuition fees, determined under sections 1987 and 1990 for all the units of study it provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines. It must give the schedule:

 (a) in a form approved by the Minister; and

 (b) in accordance with the requirements that the Minister determines in writing.

 (2) The provider must:

 (a) ensure that the schedule provides sufficient information to enable a person to work out, for each unit of study the provider provides or is to provide:

 (i) the person’s *student contribution amount; and

 (ii) if the provider determined more than one student contribution amount for places in a unit under section 1987—which of those student contribution amounts applies to the person; and

 (aa) ensure that the schedule provides sufficient information to enable a person to work out, for each unit of study the provider provides or is to provide:

 (i) the person’s *tuition fee; and

 (ii) if the provider determined more than one tuition fee for a unit under section 1990—which of those tuition fees applies to the person; and

 (b) publish the schedule for a particular period by the date ascertained in accordance with the Higher Education Provider Guidelines; and

 (c) ensure that the schedule is available to all students enrolled, and persons seeking to enrol, with the provider on request and without charge.

Civil penalty: 60 penalty units.

Replacement schedules

 (3) If:

 (a) the provider has given the Minister a schedule (the previous schedule) under:

 (i) subsection (1); or

 (ii) this subsection; and

 (b) the provider:

 (i) varies a *student contribution amount in the previous schedule; or

 (ii) varies a *tuition fee in the previous schedule;

the provider must:

 (c) by written notice given to the Minister:

 (i) withdraw the previous schedule; and

 (ii) inform the Minister of the variation; and

 (d) give the Minister a replacement schedule incorporating the variation.

Note 1: The provider must comply with subsection 1987(3) when varying a student contribution amount.

Note 2: The provider must comply with subsection 1990(4) when varying a tuition fee.

Civil penalty: 60 penalty units.

 (4) Subsections (1) and (2) apply to the replacement schedule in a corresponding way to the way in which they apply to the previous schedule.

19100  Limits on fees for courses of study

  A higher education provider must not charge a person a *fee for a *course of study that exceeds the sum of the person’s *tuition fees for all of the units of study undertaken with the provider by the person as part of the course.

19102  Meaning of fee

 (1) A fee includes any tuition, examination or other fee payable to a higher education provider by a person enrolled with, or applying for enrolment with, the provider.

 (2) A fee may also include any fee payable to the provider in respect of the granting of a *higher education award.

 (3) A fee does not include a fee that is:

 (a) payable in respect of an organisation of students, or of students and other persons; or

 (b) payable in respect of the provision to students of amenities or services that are not of an academic nature; or

 (c) payable in respect of residential accommodation; or

 (d) imposed in accordance with the Higher Education Provider Guidelines for the imposition of fees in respect of *overseas students; or

 (e) payable in respect of studies (other than an *enabling course) that are not permitted to be undertaken for the purpose of obtaining a *higher education award; or

 (f) determined, in accordance with the Higher Education Provider Guidelines, to be a fee of a kind that is incidental to studies that may be undertaken with a higher education provider; or

 (g) a *student contribution amount payable in respect of a student.

 (4) The definition of fee in this section does not apply for the purposes of section 10450.

19105  Meaning of tuition fee

  A person’s tuition fee for a unit of study is:

 (a) if only one fee has been determined for the unit under subsection 1990(2)—that fee; or

 (b) if more than one fee has been determined for the unit under that subsection—the fee determined under that subsection that applies to the person.

Subdivision 19GThe compact and academic freedom requirements

19110  Table A providers and Table B providers must enter into mission based compacts

 (1) A higher education provider that is a *Table A provider or a *Table B provider must, in respect of each year for which a grant is paid to the provider under this Act, enter into a mission based compact with the Commonwealth for a period that includes that year.

 (2) The Minister may, on behalf of the Commonwealth, enter into a mission based compact with a *Table A provider or a *Table B provider.

 (3) The mission based compact must include:

 (a) a statement of the provider’s mission; and

 (b) a statement of the provider’s strategies for teaching and learning; and

 (c) a statement of the provider’s strategies for:

 (i) undertaking research; and

 (ii) research training; and

 (iii) innovation; and

 (d) a statement of the provider’s strategies for engaging with industry; and

 (e) a statement of the provider’s strategies for improving equality of opportunity in higher education.

Note: A mission based compact may include other matters.

 (4) The *Secretary must cause a copy of each mission based compact to be published on the Department’s website within 28 days after the making of the compact.

19115  Provider to have policy upholding free intellectual inquiry

  A higher education provider that is a *Table A provider or a *Table B provider must have a policy that upholds free intellectual inquiry in relation to learning, teaching and research.

Division 22When does a body cease to be a higher education provider?

Subdivision 22AGeneral

221  Cessation of approval as a provider

 (1) A body ceases to be approved as a higher education provider:

 (a) if a decision to revoke the approval is in effect under Subdivision 22AA, 22B or 22D; or

 (b) while the approval is suspended under section 2230; or

 (c) if the notice of the provider’s approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.

 (2) If a body ceases to be approved as a higher education provider, the Minister must ensure that *TEQSA is notified, in writing, of the cessation.

Subdivision 22AARevocation of approval if registration ceases or winding up order made

222  Automatic revocation of approval if registration ceases

 (1) The Minister must revoke a body’s approval as a higher education provider if:

 (a) the body is no longer a *registered higher education provider; and

 (b) in a case where *TEQSA has made either of the following decisions under the *TEQSA Act, the decision has not been set aside or quashed, and is no longer *subject to review:

 (i) a decision under section 36 of that Act to refuse an application to renew the body’s registration under Part 3 of that Act;

 (ii) a decision under section 101 of that Act to cancel the body’s registration under Part 3 of that Act.

 (2) The Minister must notify the body in writing of the revocation. The notice must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.

 (3) A notice of revocation under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the notice.

 (4) A decision of the Minister to revoke a body’s approval as a higher education provider takes effect on the day that the notice of revocation under subsection (2) is registered in the *Federal Register of Legislation.

223  Automatic revocation of approval if winding up order made

 (1) The Minister must revoke a body’s approval as a higher education provider if:

 (a) an order is made by a court, or by the Australian Securities and Investments Commission under Part 5.4C of the Corporations Act 2001, for the winding up of the body; and

 (b) the order has not been set aside or quashed, and is no longer *subject to review.

 (2) The Minister must notify the body in writing of the revocation. The notice must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.

 (3) A notice of revocation under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the notice.

 (4) A decision of the Minister to revoke a body’s approval as a higher education provider takes effect on the day that the notice of revocation under subsection (2) is registered in the *Federal Register of Legislation.

Subdivision 22BRevocation for cause

225  Revocation of approval if application for approval as a provider is false or misleading

  The Minister may revoke a body’s approval as a higher education provider if the Minister:

 (a) is satisfied that the body’s application under section 1640 for approval as a higher education provider contained material that was false or misleading; and

 (b) complies with the requirements of section 2220.

227  Revocation of approval if providing education and/or conducting research ceases to be the body’s principal purpose

 (1) The Minister may revoke a body’s approval as a higher education provider if:

 (a) the body’s principal purpose is no longer, or is no longer taken to be, either or both of the following:

 (i) to provide education;

 (ii) to conduct research; and

 (c) the Minister complies with the requirements of section 2220.

 (2) The Minister may also revoke a body’s approval as a higher education provider if:

 (a) the Minister is satisfied that any of the body’s purposes conflict with the body’s principal purpose of providing education and/or conducting research; and

 (b) the Minister complies with the requirements of section 2220.

2210  Revocation of approval if status or accreditation changes

Bodies that cease to be Australian universities

 (1) The Minister may revoke a body’s approval as a higher education provider if:

 (a) the body was an *Australian university at the last time the body became a higher education provider; and

 (b) since that time, the body has ceased to be an Australian university; and

 (c) the Minister complies with the requirements of section 2220.

Bodies that cease to be selfaccrediting entities

 (2) The Minister may revoke a body’s approval as a higher education provider if:

 (a) the body was a *selfaccrediting entity at the last time the body became a higher education provider; and

 (b) since that time, the body has ceased to be a selfaccrediting entity; and

 (c) the Minister complies with the requirements of section 2220.

Selfaccrediting entities that cease to have authority to accredit courses

 (2A) The Minister may revoke a body’s approval as a higher education provider if:

 (a) the body was a *selfaccrediting entity at the last time the body became a higher education provider; and

 (b) the body is no longer authorised by or under the *TEQSA Act to selfaccredit a *course of study that the body was authorised to selfaccredit at that time; and

 (c) the Minister complies with the requirements of section 2220.

Bodies that cease to be non selfaccrediting entities

 (3) The Minister may revoke a body’s approval as a higher education provider if:

 (a) the body was a *non selfaccrediting entity at the last time the body became a higher education provider; and

 (b) since that time, the body has ceased to be a non selfaccrediting entity; and

 (c) the Minister complies with the requirements of section 2220.

Bodies offering courses that cease to be accredited courses

 (4) The Minister may revoke a body’s approval as a higher education provider if:

 (a) the body was a *selfaccrediting entity or a *non selfaccrediting entity at the last time the body became a higher education provider; and

 (b) a *course of study offered by the body that was an *accredited course ceases to be an accredited course; and

 (c) the Minister complies with the requirements of section 2220.

Bodies that no longer meet certain approval criteria

 (5) The Minister may revoke a body’s approval as a higher education provider if:

 (a) the body no longer meets a requirement set out in:

 (i) paragraph 1625(1)(a); or

 (ii) paragraph 1625(1)(da); and

 (b) the Minister complies with the requirements of section 2220.

2215  Revocation of approval as a provider for a breach of conditions or the quality and accountability requirements

 (1) The Minister may revoke a body’s approval as a higher education provider if the Minister:

 (a) is satisfied that the body has:

 (i) breached a condition of a grant made to the body under Part 22, 22A, 23 or 24; or

 (ii) breached a *quality and accountability requirement; or

 (iii) breached a condition imposed on the body’s approval; and

 (b) is satisfied that it is appropriate to take that action (see subsection (2)); and

 (c) complies with the requirements of section 2220.

Note: Section 1660 allows conditions to be imposed on the body’s approval.

 (2) Without limiting the matters that the Minister may consider in deciding whether it is appropriate under this section to revoke a body’s approval as a higher education provider, the Minister may consider any or all of the following matters:

 (a) whether the breach in question is of a minor or major nature;

 (b) whether the breach has occurred before and, if so, how often;

 (c) the impact that the breach may have on the body’s students;

 (d) the impact of the breach on the higher education provided by the body;

 (e) the impact of the breach on Australia’s reputation as a provider of high quality higher education;

 (f) any other matter set out in the Higher Education Provider Guidelines.

2217  Revocation of approval as a provider if provider etc. not a fit and proper person

 (1) The Minister may revoke a body’s approval as a higher education provider if the Minister:

 (a) is satisfied that:

 (i) the body; or

 (ii) at least one person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body’s affairs;

  is not a fit and proper person; and

 (b) complies with the requirements of section 2220.

 (2) The Minister must, in deciding whether he or she is satisfied that a person is not a fit and proper person, take into account the matters specified in an instrument under subsection 1625(4). The Minister may take into account any other matters he or she considers relevant.

Subdivision 22CProcess for decisions on revocation under Subdivision 22B

2220  Process for revoking approval

 (1) Before revoking a body’s approval as a higher education provider under Subdivision 22B, the Minister must give the body notice in writing:

 (a) stating that the Minister is considering revoking the body’s approval; and

 (b) stating the reasons why the Minister is considering revoking the body’s approval; and

 (c) inviting the body to make written submissions to the Minister within 28 days concerning why the approval should not be revoked.

 (2) In deciding whether or not to revoke a body’s approval under Subdivision 22B, the Minister must consider any submissions received from the body within the 28 day period.

 (3) The Minister must notify the body in writing of his or her decision whether to revoke the body’s approval under Subdivision 22B. The notice:

 (a) must be in writing; and

 (b) must be given within the period of 28 days following the period in which submissions may have been given to the Minister under subsection (1); and

 (c) if the Minister decides to revoke the body’s approval—must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.

 (3A) A notice of revocation under subsection (3) is a legislative instrument.

 (4) If no notice is given within the period provided for in subsection (3), the Minister is taken to have decided not to revoke the approval.

 (5) A decision of the Minister to revoke a body’s approval as a higher education provider takes effect on the day that the notice of revocation under subsection (3) is registered in the *Federal Register of Legislation.

 (6) If the notice of revocation under subsection (3) ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003, then the decision to revoke the approval ceases to have effect at the same time.

2225  Determination retaining approval as a provider in respect of existing students

 (1) The Minister may determine, in writing, that a revocation of a body’s approval as a higher education provider under Subdivision 22B is of no effect for the purposes of:

 (a) grants to the body under this Chapter; and

 (b) assistance payable to the body’s students under Chapter 3;

to the extent that the grants or assistance relate to students of the body who have not completed the *courses of study in which they were enrolled with the body on the day referred to in subsection 2220(5).

 (2) The determination may be included in the notice of revocation under subsection 2220(3).

 (3) The body is taken, for the purposes of this Act, to continue to be a higher education provider, but only to the extent referred to in subsection (1).

 (4) Subsection (3) does not prevent the Minister subsequently revoking the body’s approval as a higher education provider under this Division.

2230  Suspension of approval as a provider

 (1) The Minister may, by legislative instrument, determine that, with effect from a specified day, a body’s approval as a higher education provider is suspended pending the making of a decision under Subdivision 22B as to whether to revoke the body’s approval as a provider.

 (2) A copy of the determination must be given to the body concerned.

 (2A) Before the Minister makes a determination under subsection (1) in respect of a body, the Minister must give the body notice in writing:

 (a) stating that the Minister is considering suspending the body’s approval; and

 (b) stating the reasons why the Minister is considering suspending the body’s approval; and

 (c) inviting the body to respond to the Minister, in writing, within 14 days of the date of the notice.

 (2B) In deciding whether or not to make a determination under subsection (1), the Minister must consider any response received from the body within the 14 day period.

 (3) If the Minister makes a determination under subsection (1) in respect of a body, the Minister must give to the body a notice under section 2220 within a reasonable period of time after giving a copy of the determination to the body.

 (4) A determination under this section:

 (a) takes effect accordingly on the day specified in the determination; and

 (b) ceases to have effect if the Minister decides not to revoke the body’s approval as a higher education provider.

2232  Determination retaining approval as a provider in respect of existing students following suspension of approval

 (1) The Minister may determine, in writing, that a suspension of a body’s approval as a higher education provider under section 2230 is of no effect for the purposes of:

 (a) grants to the body under this Chapter; and

 (b) assistance payable to the body’s students under Chapter 3;

to the extent that the grants or assistance relate to students of the body who have not completed the *courses of study in which they were enrolled with the body on the day specified for the purposes of paragraph 2230(4)(a).

 (2) A copy of the determination must be given to the body concerned.

 (3) The body is taken, for the purposes of this Act, to continue to be a higher education provider, but only to the extent referred to in subsection (1).

 (4) Subsection (3) does not prevent the Minister subsequently revoking the body’s approval as a higher education provider under this Division.

 (5) A determination made under subsection (1) is not a legislative instrument.

Subdivision 22DRevocation of approval on application

2240  Revocation of approval as a provider on application

 (1) The Minister may revoke the approval of a body as a higher education provider if the body requests the Minister in writing to revoke the approval.

 (2) The request must be given to the Minister at least 30 days before the day on which the revocation is requested to have effect.

 (3) The Minister must cause the body to be notified of the revocation. The notice must:

 (a) be in writing; and

 (b) be given to the body at least 14 days before the day on which the revocation is to take effect.

 (3A) A notice of revocation under subsection (3) is a legislative instrument.

 (4) The revocation has effect on the day requested unless another day is specified in the notice under subsection (3).

Subdivision 22ENotice of approval or revocation ceasing to have effect under the Legislation Act 2003

2245  Notice of approval ceasing to have effect under the Legislation Act 2003

 (1) This section applies if:

 (a) a decision of the Minister to approve a body corporate as a higher education provider has taken effect; and

 (b) the body ceases to be approved as a higher education provider because the notice of the approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.

 (2) The fact that the body ceases to be approved as a higher education provider does not:

 (a) affect:

 (i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or

 (ii) anything duly done or suffered in relation to the body before the cessation; or

 (b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or

 (c) affect any penalty, forfeiture or punishment incurred in respect of the body having been a higher education provider; or

 (d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the body had not ceased to be approved as a higher education provider.

2250  Notice of revocation ceasing to have effect under the Legislation Act 2003

 (1) This section applies if:

 (a) a decision of the Minister to revoke a body’s approval as a higher education provider has taken effect; and

 (b) the decision to revoke the approval ceases to have effect because the notice of revocation ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.

 (2) The fact that the decision to revoke the approval ceases to have effect does not:

 (a) affect:

 (i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or

 (ii) anything duly done or suffered in relation to the body before the cessation; or

 (b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or

 (c) affect any penalty, forfeiture or punishment incurred in respect of the body before the cessation; or

 (d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the decision to revoke the approval had not ceased to have effect.

Part 22Commonwealth Grant Scheme

Division 27Introduction

271  What this Part is about

Grants are payable under this Part to higher education providers that meet certain requirements. These grants are paid in relation to Commonwealth supported places.

Grants are subject to several conditions relating to the provision of Commonwealth supported places and other matters.

Amounts of grants may be reduced, or some or all of a grant may be repayable if a condition is breached (see Part 25).

Note: This Part does not apply to Table C providers: see section 51.

275  Commonwealth Grant Scheme Guidelines

  The grants payable under this Part are also dealt with in the Commonwealth Grant Scheme Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The Commonwealth Grant Scheme Guidelines are made by the Minister under section 23810.

Division 30Which higher education providers are eligible for a grant?

Subdivision 30ABasic rules

301  Eligibility for grants

 (1) A grant under this Part is payable, as a benefit to students, to a higher education provider, in respect of the year 2005 or a later year, if:

 (a) the provider:

 (i) is a *Table A provider; and

 (ii) has entered into a funding agreement with the Commonwealth under section 3025 in respect of a period that includes that year; or

 (b) all of the following apply:

 (i) the provider is a higher education provider specified in the Commonwealth Grant Scheme Guidelines as a higher education provider that can be paid grants under this Part;

 (ii) the Minister has made an allocation under section 3010 to the provider for that year;

 (iii) the provider has entered into a funding agreement with the Commonwealth under section 3025 in respect of a period that includes that year.

 (2) However, a grant is payable to a higher education provider that is not a *Table A provider only if the grant relates only to *national priorities.

Subdivision 30BAllocation of places

3010  Allocation of places

 (1) The Minister may allocate a specified number of Commonwealth support places for a year to:

 (a) a *Table A provider in relation to *designated higher education courses; and

 (b) a higher education provider referred to in subparagraph 301(1)(b)(i).

Note: The Minister does not allocate places to Table A providers in relation to higher education courses or demand driven higher education courses.

 (2) The allocation must specify the distribution of those places between the *funding clusters.

 (2A) If the provider has indicated to the Minister its preferred distribution of those places, the Minister must have regard to that preferred distribution in deciding the distribution of those places.

 (4) If the provider is not a *Table A provider, the allocation must specify:

 (a) that it is only in respect of *national priorities; and

 (b) the number of places for each national priority for which the provider is allocated places; and

 (c) the number of places (if any) for each *funding cluster that are in respect of *nongrandfathered students; and

 (d) the number of places (if any) for each funding cluster (other than the *first funding cluster and the *second funding cluster) that are in respect of *grandfathered students; and

 (e) the number of places (if any) for each *grandfathered funding cluster part that are in respect of grandfathered students.

 (5) If the allocation made under subsection (1) is made in writing, the allocation is not a legislative instrument.

3012  Designated higher education courses

 (1) Each of the following is a designated higher education course in relation to a *Table A provider:

 (a) a *course of study in medicine;

 (b) a *course of study of a kind determined under subsection (2).

 (2) The Minister may, by legislative instrument, determine a kind of *course of study for the purposes of paragraph (1)(b).

3015  Funding clusters

  The funding clusters are:

 

Funding clusters

Item

Funding clusters

1

Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture

2

Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology, Professional Pathway Social Work

3

Nursing, Foreign Languages, Engineering, Surveying, Environmental Studies, Science

4

Agriculture, Medicine, Dentistry, Veterinary Science, Pathology

3020  National priorities

  A national priority is a particular outcome:

 (a) that relates to the provision of higher education; and

 (b) that is an outcome specified in the Commonwealth Grant Scheme Guidelines as a national priority.

Note: The following are examples of national priorities:

(a) increasing the number of persons undertaking particular courses of study;

(b) increasing the number of particular kinds of persons undertaking courses of study;

(c) increasing the number of persons in particular regions undertaking courses of study.

Subdivision 30CFunding agreements

3025  Funding agreements

 (1) The Minister may, on behalf of the Commonwealth, enter into a funding agreement with a higher education provider relating to grants under this Part in respect of each year in a period of 3 years (the grant years).

 (1A) In negotiating the agreement the Minister must have regard to all of the types of matters that the provider has indicated to the Minister it wishes to be specified in the agreement.

 (2) The agreement may specify conditions to which the grants are subject, that are additional to the conditions that apply under Division 36.

Note: It is a condition of the grants that the provider comply with the agreement: see section 3665.

 (2A) However, the agreement must not specify as a condition to which the grants are subject a matter in respect of which the Minister could have made a determination under subsection 3615(2) (or could have made such a determination but for subsection 3615(3)).

Note: The Minister has the power under subsection 3615(2) to determine that students are not to be enrolled as Commonwealth supported students in particular courses. The determination is disallowable (see subsection 3615(3)).

 (2B) Where the agreement specifies conditions to which the grants are subject, that are additional to the conditions that apply under Division 36, those conditions must not relate to industrial relations matters.

 (3) Without limiting subsection (2), the agreement may specify:

 (aa) the *number of Commonwealth supported places allocated to the provider for a *funding cluster, or a *grandfathered funding cluster part, for the grant year; and

 (a) in relation to one or more of the following:

 (i) places in *undergraduate courses of study;

 (ii) places in nonresearch *postgraduate courses of study;

 (iii) places in courses of study in medical programs;

 (iv) places in courses of study in *enabling courses;

  the minimum *number of Commonwealth supported places that the provider must provide in the grant year or grant years, or the maximum number of Commonwealth supported places that the provider may provide in the grant year or grant years, or both; and

 (b) the maximum number of Commonwealth supported places provided by the provider which can have a regional loading in the grant years; and

 (c) the maximum number of Commonwealth supported places provided by the provider which can have a medical student loading in the grant years; and

 (ca) the maximum number of Commonwealth supported places provided by the provider which can have an enabling loading in the grant years; and

 (d) the maximum amount of regional loading that will be payable to the provider, under the Commonwealth Grant Scheme Guidelines, in the grant years; and

 (da) the maximum amount of enabling loading that will be payable to the provider, under the Commonwealth Grant Scheme Guidelines, in the grant years; and

 (e) the maximum amount of transition fund loading that will be payable to the provider, under the Commonwealth Grant Scheme Guidelines, in the grant years; and

 (g) adjustments that will apply to the amount of a grant payable to the provider under this Part if the provider breaches a condition of the grant.

3027  Specification of maximum basic grant amounts in funding agreements

Maximum basic grant amounts for Table A providers

 (1) Subject to subsections (2), (3) and (5), a funding agreement for a higher education provider that is a *Table A provider:

 (a) must specify an amount as the maximum basic grant amount payable to the provider for a *grant year for *higher education courses; and

 (b) may specify an amount as the maximum basic grant amount payable to the provider for a *grant year for each of the following:

 (i) *designated higher education courses;

 (ii) *demand driven higher education courses.

Table A providers—maximum basic grant amount for higher education courses

 (2) If a funding agreement for a *Table A provider is in respect of 2021, 2022 and 2023, the maximum basic grant amount for the provider for each of those years for *higher education courses must not be less than the amount specified in the Commonwealth Grant Scheme Guidelines for the purposes of this subsection for the provider for each of those years for those courses.

 (3) If a funding agreement for a *Table A provider is in respect of other later years, the maximum basic grant amount for the provider for each of those years for *higher education courses must not be less than:

 (a) for 2024—the amount specified in the Commonwealth Grant Scheme Guidelines for the purposes of this paragraph for the provider for that year for those courses; and

 (b) for any other later year—the maximum basic grant amount specified in the provider’s funding agreement for the preceding year for those courses.

 (4) Without limiting subsection (2) and paragraph (3)(a), the Commonwealth Grant Scheme Guidelines may:

 (a) specify different amounts for different years for the purposes of that subsection; and

 (b) specify different amounts for different *Table A providers for the purposes of that subsection or paragraph.

Table A providers—maximum basic grant amount for designated higher education courses

 (5) The maximum basic grant amount for a *Table A provider for a *grant year for *designated higher education courses must not be less than the amount worked out for the year for those courses using the method statement set out in paragraph 335(3)(b) with the following modifications:

 (a) read a reference in step 1 of that statement to places provided by the provider in a *funding cluster as a reference to places allocated under section 3010 to the provider in that funding cluster;

 (b) disregard paragraph (a) of that step.

Maximum basic grant amount for nonTable A providers

 (6) Subject to subsection (7), a funding agreement for a higher education provider (other than a *Table A provider) may specify an amount as the maximum basic grant amount payable to the provider for a *grant year.

 (7) The maximum basic grant amount for a higher education provider (other than a *Table A provider) for a *grant year must not be less than the amount worked out for the year using the method statement set out in paragraph 335(7)(b) with the following modifications:

 (a) read a reference in steps 1, 2 and 3 of that statement to places provided by the provider in a *funding cluster or a *grandfathered funding cluster part as a reference to places allocated under section 3010 to the provider in that funding cluster or grandfathered funding cluster part;

 (b) disregard paragraph (a) of each of those steps.

3028  Funding agreement to be published

  The *Secretary must cause a copy of each funding agreement to be published on the Department’s website within 28 days after the making of the agreement.

Division 33How are grant amounts worked out?

Subdivision 33ABasic rule

331  How grant amount is worked out

 (1) The amount of a grant payable to a higher education provider under this Part for a year is worked out by:

 (a) working out the *total basic grant amount for the provider for that year under Subdivision 33B; and

 (b) adding:

 (i) the amount of any regional loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and

 (ii) the amount of any medical student loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and

 (iii) the amount of any enabling loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and

 (iv) the amount of any transition fund loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and

 (v) the amount of any performance funding grant amount worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year.

 (2) Advances may be paid to a higher education provider under Subdivision 33D.

Note: Part 51 deals with how payments can be made.

Subdivision 33BTotal basic grant amounts

335  Total basic grant amounts

Total basic grant amount for Table A providers

 (1) The total basic grant amount for a *Table A provider for a year is the sum of the following amounts:

 (a) the amount for *higher education courses (see subsection (2));

 (b) the amount for *designated higher education courses (see subsections (3) and (4));

 (c) the amount for *demand driven higher education courses (see subsections (5) and (6)).

Table A providers—amount for higher education courses

 (2) For the purposes of paragraph (1)(a), the amount for *higher education courses is the lesser of:

 (a) the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider’s funding agreement; and

 (b) the amount worked out for the year using the following method statement.

Method statement

Step 1. For each *funding cluster in which the provider has provided places in those courses in respect of *nongrandfathered students, multiply:

 (a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

 (b) the *Commonwealth contribution amount for a place in that funding cluster.

Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

 (a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

 (b) the *Commonwealth contribution amount for a place in that funding cluster.

Step 3. For each *grandfathered funding cluster part in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

 (a) the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by

 (b) the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.

Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.

Table A providers—amount for designated higher education courses

 (3) For the purposes of paragraph (1)(b) and subject to subsection (4), the amount for *designated higher education courses is the lesser of:

 (a) the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider’s funding agreement; and

 (b) the amount worked out for the year using the following method statement.

Method statement

Step 1. For each *funding cluster in which the provider has provided places in those courses, multiply the *Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:

 (a) the number that is the sum of the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of *nongrandfathered students and in respect of *grandfathered students;

 (b) the number of Commonwealth supported places allocated to the provider for that funding cluster.

Step 2. Add together all of the amounts worked out under step 1.

 (4) If a *maximum basic grant amount for the year for the *designated higher education courses is not specified in the *Table A provider’s funding agreement, the amount for those courses is the amount worked out for the year using the method statement set out in paragraph (3)(b).

Table A providers—amount for demand driven higher education courses

 (5) For the purposes of paragraph (1)(c) and subject to subsection (6), the amount for *demand driven higher education courses is the lesser of:

 (a) the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider’s funding agreement; and

 (b) the amount worked out for the year using the following method statement.

Method statement

Step 1. For each *funding cluster in which the provider has provided places in those courses in respect of *nongrandfathered students, multiply:

 (a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

 (b) the *Commonwealth contribution amount for a place in that funding cluster.

Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

 (a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

 (b) the *Commonwealth contribution amount for a place in that funding cluster.

Step 3. For each *grandfathered funding cluster part in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

 (a) the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by

 (b) the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.

Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.

 (6) If a *maximum basic grant amount for the year for the *demand driven higher education courses is not specified in the *Table A provider’s funding agreement, the amount for those courses is the amount worked out for the year using the method statement set out in paragraph (5)(b).

Total basic grant amount for nonTable A providers

 (7) Subject to subsection (8), the total basic grant amount for a higher education provider (other than a *Table A provider) for a year is the lesser of:

 (a) the *maximum basic grant amount for the year that is specified in the provider’s funding agreement; and

 (b) the amount worked out for the year using the following method statement.

Method statement

Step 1. For each *funding cluster in which the provider has provided places in respect of *nongrandfathered students, multiply the *Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:

 (a) the *number of Commonwealth supported places provided by the provider in that funding cluster in respect of those students;

 (b) the number of Commonwealth supported places allocated to the provider for that funding cluster in respect of those students.

Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in respect of *grandfathered students, multiply the *Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:

 (a) the *number of Commonwealth supported places provided by the provider in that funding cluster in respect of those students;

 (b) the number of Commonwealth supported places allocated to the provider for that funding cluster in respect of those students.

Step 3. For each *grandfathered funding cluster part in which the provider has provided places in respect of *grandfathered students, multiply the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part by the lesser of the following:

 (a) the *number of Commonwealth supported places provided by the provider in that part in respect of those students;

 (b) the number of Commonwealth supported places allocated to the provider for that part in respect of those students.

Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.

 (8) If a *maximum basic grant amount for the year is not specified in the funding agreement of the higher education provider referred to in subsection (7), the total basic grant amount for the provider is the amount worked out for the year using the method statement set out in paragraph (7)(b).

3310  Commonwealth contribution amounts and grandfathered Commonwealth contribution amounts

 (1) The Commonwealth contribution amount for a place in a *funding cluster is the amount specified in the following table in relation to a place in the funding cluster.

 

Commonwealth contribution amounts

Item

For a place in this funding cluster:

The amount is:

1

Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture

$1,100

2

Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology, Professional Pathway Social Work

$13,250

3

Nursing, Foreign Languages, Engineering, Surveying, Environmental Studies, Science

$16,250

4

Agriculture, Medicine, Dentistry, Veterinary Science, Pathology

$27,000

Note: Commonwealth contribution amounts are indexed under Part 56.

 (2) The grandfathered Commonwealth contribution amount for a place in a *grandfathered funding cluster part is the amount specified in the following table in relation to a place in the grandfathered funding cluster part.

 

Grandfathered Commonwealth contribution amounts

Item

For a place in this grandfathered funding cluster part:

The amount is:

1

Law, Accounting, Administration, Economics or Commerce

$2,237

2

Communications

$13,547

3

The Social Studies or Behavioural Science subpart of the Society and Culture part of the first funding cluster

$11,015

4

Any other subpart of the Society and Culture part of the first funding cluster

$6,226

5

Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment or Computing

$13,250

6

Visual and Performing Arts

$13,547

7

Professional Pathway Psychology or Professional Pathway Social Work

$11,015

Note: Grandfathered Commonwealth contribution amounts are indexed under Part 56.

3330  Working out the number of Commonwealth supported places provided

 (1) The number of Commonwealth supported places that a higher education provider has provided in respect of *nongrandfathered students during a particular year is a number equal to the number worked out as follows:

Method statement

Step 1. For each unit of study (other than any unit that is an *ineligible work experience unit for a *nongrandfathered student) that the provider provided that had its *census date during the year, multiply:

 (a) the *EFTSL value of the unit; by

 (b) the number of nongrandfathered students enrolled with the provider in that unit as *Commonwealth supported students.

Step 2. Add together all of the amounts worked out under step 1.

 (1A) The number of Commonwealth supported places that a higher education provider has provided in respect of *grandfathered students during a particular year is a number equal to the number worked out as follows:

Method statement

Step 1. For each unit of study (other than any unit that is an *ineligible work experience unit for a *grandfathered student) that the provider provided that had its *census date during the year, multiply:

 (a) the *EFTSL value of the unit; by

 (b) the number of grandfathered students enrolled with the provider in that unit as *Commonwealth supported students.

Step 2. Add together all of the amounts worked out under step 1.

 (2) For the purposes of this section, if:

 (a) a unit of study provided by the provider forms part of more than one *course of study; and

 (b) the provider determines under subsection 16928(2) an *EFTSL value of the unit for each such course;

the unit is taken to be a different unit of study in respect of each such course.

 (3) To work out the *number of Commonwealth supported places that a higher education provider has provided as mentioned in an item of column 1 of the following table, apply the method statement in subsection (1) or (1A) (as the case requires) to the units of study mentioned in column 2 of that item.

 

Working out the number of Commonwealth supported places provided

Item

Column 1

To work out the number of Commonwealth supported places provided in …

Column 2

apply the method statement in subsection (1) or (1A) (as the case requires) to …

1

a *funding cluster or a *grandfathered funding cluster part

units provided by the provider in the funding cluster or the grandfathered funding cluster part.

2

*higher education courses in a *funding cluster or a *grandfathered funding cluster part

units provided by the provider in the funding cluster, or the grandfathered funding cluster part, in those courses.

3

*designated higher education courses in a *funding cluster

units provided by the provider in the funding cluster in those courses.

4

*demand driven higher education courses in a *funding cluster or a *grandfathered funding cluster part

units provided by the provider in the funding cluster, or the grandfathered funding cluster part, in those courses.

3335  Funding clusters, or parts of funding clusters, in which units are included

  The Commonwealth Grant Scheme Guidelines may specify:

 (a) how to determine, for the purposes of this Act, the *funding cluster, or the part of a funding cluster, in which units of study are included; or

 (b) the particular funding cluster, or the particular part of a particular funding cluster, in which a particular unit is included for the purposes of this Act.

Subdivision 33CAdjustments

3337  Adjustments for breach of section 1937

 (1) A higher education provider’s *total basic grant amount for a year is reduced by an adjustment in respect of the year if, on one or more occasions during the year, the provider breaches a condition imposed under section 1937.

 (2) The adjustment under subsection (1) is an amount worked out using the formula:

  

where:

reduction amount is $100.

Note: The reduction amount is indexed under Part 56.

total places provided is the sum of the following:

 (a) the *number of Commonwealth supported places that the higher education provider has provided in respect of *nongrandfathered students for the year;

 (b) the number of Commonwealth supported places that the higher education provider has provided in respect of *grandfathered students for the year.

 (3) This section does not apply in relation to a breach of a condition imposed under section 1937 by a higher education provider if:

 (a) the breach consists of requiring a person to pay money to the provider or another entity; and

 (b) as a result of the requirement, the person paid money to the provider or other entity; and

 (c) the Minister has given a written notice to the provider under subsection (4); and

 (d) the provider or other entity repays the money to the person within 28 days after the Minister gave the notice to the provider.

 (4) If the Minister becomes aware that:

 (a) a higher education provider has breached a condition imposed under section 1937; and

 (b) the breach consists of requiring a person to pay money to the provider or another entity;

the Minister must give to the provider a written notice:

 (c) requiring repayment, within 28 days after the notice is given, of any money paid to the provider or any other entity as a result of the requirement; and

 (d) stating that failure to repay any such money within that period will result in a reduction under this section of the provider’s *total basic grant amount for the year in question.

The notice may relate to more than one breach.

 (5) A failure by the Minister to give a notice under subsection (4) in relation to a breach of a condition imposed under section 1937 does not prevent this section from applying in relation to the breach.

 (6) This section does not apply more than once in relation to a higher education provider’s *total basic grant amount for a year.

Subdivision 33DSpecial purpose advances

3340  Advances for certain purposes

 (1) The Minister may, if an amount has been specified under subsection (3A), determine that an advance is payable to a higher education provider, in respect of a year, in relation to expenditure of the provider for such purposes as the Minister determines.

 (2) The Minister may pay an advance to the provider under subsection (1) on such conditions (if any) as the Minister determines.

 (3) The total of the advances in respect of a year must not exceed the amount specified by the Minister under subsection (3A).

 (3A) The Minister may, by legislative instrument, specify an amount for the purposes of subsection (3).

 (4) If the Minister determines an advance for the provider in respect of a year, the amounts of grant payable to the provider under section 331 in respect of:

 (a) the year next following that year; or

 (b) the 2 years next following that year; or

 (c) the 3 years next following that year;

are reduced by amounts that equal in total the amount of the advance.

 (5) Determinations under subsections (1) and (2), and reductions under subsection (4), must be made in accordance with Commonwealth Grant Scheme Guidelines.

Division 36What are the conditions of receiving a grant?

Subdivision 36AGeneral

361  Condition of grant to comply with this Division

 (1) A higher education provider receives a grant under this Part on condition that the provider complies with this Division.

 (2) Without limiting subsection (1), the following provisions of this Division do not of their own force require the provider to do any act or thing.

Subdivision 36BConditions relating to Commonwealth supported students

365  Meaning of Commonwealth supported student

 (1) A person is a Commonwealth supported student, in relation to a unit of study, if:

 (a) the higher education provider with which he or she is enrolled in that unit has advised the person in writing that he or she is a Commonwealth supported student:

 (i) in relation to the unit; or

 (ii) if the person is undertaking a *course of study with the provider of which the unit forms a part—in relation to that course of study; and

 (b) at the end of the *census date for the unit, the higher education provider would not have been prohibited, under section 3610 or 3615, or both, from so advising the person.

 (3) However, the person is not a Commonwealth supported student in relation to the unit if he or she notifies an *appropriate officer of the provider that he or she does not wish to be a Commonwealth supported student in relation to the unit.

 (4) A notice under subsection (3):

 (a) must be in writing; and

 (b) must be given on or before the *census date for the unit.

3610  Advice on whether a person is a Commonwealth supported student

When a provider must not advise that a person is Commonwealth supported

 (1) A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study unless:

 (a) the provider has entered into a funding agreement under section 3025 for the year in which the person is undertaking the unit; and

 (b) the unit contributes to the requirements of a *course of study in which the person is enrolled with that provider or another higher education provider; and

 (c) the person meets the citizenship or residency requirements for the purposes of this paragraph (see subsections (2) and (2A)); and

 (e) the person:

 (i) enrolled in the unit on or before the *census date for the unit; and

 (ii) at the end of the census date, remained so enrolled.

 (2) A person meets the citizenship or residency requirements for the purposes of paragraph (1)(c) if the person is:

 (a) an Australian citizen; or

 (b) a citizen of New Zealand who will be resident within Australia for the duration of the unit; or

 (c) a *permanent visa holder who will be resident within Australia for the duration of the unit.

 (2A) In determining, for the purposes of subparagraph (2)(b) or (c), whether a person will be resident within Australia for the duration of the unit of study, disregard any period of residence outside Australia if:

 (a) it cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or

 (b) it is required for the purpose of completing a requirement of that unit.

 (2B) Despite subsections (2) and (2A), a person does not meet the citizenship or residency requirements under subsection (2), if the higher education provider reasonably expects that he or she will not undertake in Australia any units of study contributing to the *course of study of which the unit forms a part.

Persons who do not wish to be Commonwealth supported

 (3) A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study if the person has notified an *appropriate officer of the provider that he or she does not wish to be a Commonwealth supported student in relation to the unit.

 (4) A notice under subsection (3):

 (a) must be in writing; and

 (b) must be given on or before the *census date for the unit.

Additional requirement for nonTable A providers

 (5) A higher education provider that is not a *Table A provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study unless:

 (a) the unit in which the person is enrolled is within a *national priority; and

 (b) the provider has received a grant under this Part for that national priority for the year in which the person is undertaking the unit; and

 (c) if the national priority is a *course of study that has been specified in the Commonwealth Grant Scheme Guidelines to be a national priority—the unit is contributing to the requirements of that course.

Additional requirement relating to work experience in industry

 (6) A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study that wholly consists of *work experience in industry unless:

 (a) the unit forms part of a *course of study; and

 (b) the person is enrolled, or has previously been enrolled, in another unit of study in that course:

 (i) that does not, or did not, wholly consist of work experience in industry; and

 (ii) in relation to which the person is, or was, a Commonwealth supported student.

Units of study at full fee summer or winter schools

 (7) A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study if:

 (a) the person undertakes the unit wholly during a summer school period (the current summer school period) or a winter school period (the current winter school period); and

 (b) the provider has determined that this subsection applies to the unit.

 (8) A higher education provider may determine that subsection (7) applies to a unit of study only if each person who could undertake the unit during the current summer school period or current winter school period could undertake, or could have undertaken, the unit during a period other than a summer school period or winter school period as part of a *course of study undertaken by the person with the higher education provider.

 (9) The higher education provider must make the determination:

 (a) before the start of the current summer school period, if the determination relates to a unit undertaken during a summer school period; or

 (b) before the start of the current winter school period, if the determination relates to a unit undertaken during a winter school period.

 (10) In this section:

summer school period means a period that starts on or after 1 November in a year and ends after 1 January, but before 1 March, in the following year.

winter school period means a period that starts on or after 1 June in a year and ends on or before 31 August in that year.

3615  Persons not to be advised they are Commonwealth supported

 (1A) A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:

 (a) the unit contributes to the requirements of a *course of study; and

 (b) the course of study is, or is to be, undertaken by the person primarily at an overseas campus.

 (1) A higher education provider must not advise a person enrolled in a unit of study with the provider that the person is a *Commonwealth supported student in relation to the unit if:

 (a) the enrolment is in an *employer reserved place; or

 (b) the unit forms part of a *bridging course for overseastrained professionals; or

 (c) the unit forms part of a course to which a determination under subsection (2) applies.

 (2) The Minister may, by legislative instrument, determine that:

 (a) a specified *course of study is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students; or

 (b) a *course of study of a specified type is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students.

 (3) In deciding whether to make a determination under subsection (2), the Minister must have regard to the effect of the determination on students undertaking the course, or a course of that type.

 (4) A determination of the Minister under subsection (2) must not be made later than 6 months before the day that students are able next to commence the specified course, or a course of that type, with the provider.

3620  Providers to repay amounts—special circumstances

 (1) A higher education provider must, on the *Secretary’s behalf, determine that this section applies to a person if:

 (a) the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and

 (b) the unit would, if completed, form part of a *course of study undertaken with that provider or another higher education provider; and

 (c) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and

 (d) the provider is satisfied that special circumstances apply to the person (see section 3621); and

 (e) the person applies in writing to that provider for either or both:

 (i) the repayment of any amounts that the person paid in relation to his or her *student contribution amount for the unit; or

 (ii) the remission of the person’s *HECSHELP debt in relation to the unit; and

 (f) either:

 (i) the application is made before the end of the application period under section 3622; or

 (ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

Note 1: A HECSHELP debt of a person to whom this section applies is remitted under subsection 1375(4).

Note 2: A decision that this section does not apply to a person is reviewable under Part 57.

 (2) If the provider determines that this section applies to a person, the provider must:

 (a) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to his or her *student contribution amount for the unit; and

 (b) pay to the Commonwealth an amount equal to any *HECSHELP assistance to which the person was entitled for the unit.

 (3) Subsection (2) does not apply to the provider if:

 (a) the person enrolled in the unit as a *replacement unit; or

 (b) it is determined that section 3624A applies to the person.

 (4) The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to circumstances to which paragraph (3)(a) applies:

 (a) the amount (if any) that is to be paid to the person; and

 (b) the amount (if any) that is to be paid to the Commonwealth; and

 (c) the person (if any) who is to pay the amounts.

 (5) If a determination made under subsection (1) is made in writing, the determination is not a legislative instrument.

3621  Special circumstances

 (1) For the purposes of paragraph 3620(1)(d), special circumstances apply to the person if and only if the higher education provider is satisfied that circumstances apply to the person that:

 (a) are beyond the person’s control; and

 (b) do not make their full impact on the person until on or after the *census date for the unit of study; and

 (c) make it impracticable for the person to complete the requirements for the unit during the period during which the person undertook, or was to undertake, the unit.

 (2) The Administration Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (1)(a), (b) or (c). A decision of a higher education provider under this section must be in accordance with any such guidelines.

Note: Guidelines made for the purposes of this subsection also have effect for the purposes of subsections 9730(2) and 10430(2) (recrediting a person’s HELP balance).

3622  Application period

 (1) For the purposes of subparagraph 3620(1)(f)(i), if:

 (a) the person has withdrawn his or her enrolment in the unit of study; and

 (b) the higher education provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

 (2) If subsection (1) does not apply, the application period for the application is the period of 12 months after the end of the period during which the person undertook, or was to undertake, the unit.

3623  Dealing with applications

 (1) If:

 (a) the application under paragraph 3620(1)(e) is made before the end of the application period under section 3622; or

 (b) the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.

 (2) The notice must include a statement of the reasons for the decision.

3624A  Providers to repay amounts—provider defaults

 (1) A higher education provider must, on the *Secretary’s behalf, determine that this section applies to a person if:

 (a) the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and

 (b) the unit would, if completed, form part of a *course of study undertaken with the provider; and

 (c) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person; and

 (d) Part 51A applied to the provider at the time the provider defaulted in relation to the person; and

 (e) either of the following apply:

 (i) the *HELP Tuition Protection Director decides, under paragraph 16625(1)(b), that the Director is not satisfied that there is a suitable *replacement course for the person;

 (ii) the person elects, under subparagraph 16625(3)(a)(iii), to have an amount equal to the amounts of *HECSHELP assistance that the person received for the unit *recredited to the student’s *HELP balance.

Note: A HECSHELP debt of a person to whom this section applies is remitted under subsection 1375(4).

 (2) The provider must:

 (a) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to his or her *student contribution amount for the unit; and

 (b) pay to the Commonwealth an amount equal to any *HECSHELP assistance to which the person was entitled for the unit.

 (3) If a determination made under subsection (1) is made in writing, the determination is not a legislative instrument.

3624B  Providers to repay amounts—no tax file numbers

 (1) This section applies to a person if a higher education provider cancels the person’s enrolment in a unit of study under subsection 1935(1).

Note: A HECSHELP debt of a person to whom this section applies is remitted under subsection 1375(4).

 (2) The provider must:

 (a) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to his or her *student contribution amount for the unit; and

 (b) pay to the Commonwealth an amount equal to any *HECSHELP assistance to which the person was entitled for the unit.

3624C  Secretary may act if provider is unable to

  If a higher education provider is unable to act for one or more of the purposes of subsection 3620(1), section 3621, 3622 or 3623 or subsection 3624A(1), the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.

Subdivision 36CConditions relating to enrolment

3625  Continued support for Commonwealth supported students

 (1) A higher education provider must advise a person who is enrolled in a unit of study with the provider, as part of a *course of study being undertaken with the provider, that he or she is a *Commonwealth supported student in relation to the unit if:

 (a) the person is or has been a Commonwealth supported student in relation to one or more other units of study, undertaken with the provider, as part of the course; and

 (b) the provider is not prohibited, under section 3610 or section 3615, or both, from so advising the person.

 (2) A *Table A provider (the host provider) must advise a person who is enrolled in a unit of study with the provider, as part of a *course of study being undertaken with another Table A provider (the home provider), that he or she is a *Commonwealth supported student in relation to the unit if:

 (a) the person is or has been a Commonwealth supported student in relation to one or more other units of study in the course undertaken with the home provider; and

 (b) the person must undertake the unit, because it is required to complete the course; and

 (c) the host provider is not prohibited, under section 3610 or section 3615, or both, from so advising the person.

 (3) If a higher education provider has, under subparagraph 365(1)(a)(ii), advised a person that he or she is a Commonwealth supported student in relation to a *course of study with the provider, then the higher education provider is taken to have advised the person that he or she is a Commonwealth supported student in relation to each unit of study undertaken with the provider, as part of that course.

3630  Providers to enrol persons as Commonwealth supported students

Table A providers

 (1) If:

 (a) a person is to be enrolled with a *Table A provider in a unit of study; and

 (aa) the unit to be undertaken with the provider forms part of an *undergraduate course of study; and

 (b) the provider is not prohibited, under section 3610 or section 3615, or both, from advising the person that he or she is a *Commonwealth supported student in relation to the unit;

the provider must enrol the person in the unit as a Commonwealth supported student.

 (2) Subsection (1) does not apply in respect of a person’s enrolment with a *Table A provider in a unit of study that forms part of an *undergraduate course of study if:

 (a) the person commences the undergraduate course of study with the provider before 1 January 2009; or

 (b) both:

 (i) the person transfers to the undergraduate course of study with the provider on or after 1 January 2009 from another undergraduate course of study in which the person was enrolled with the provider before 1 January 2009; and

 (ii) the person had not completed that other undergraduate course of study; or

 (c) all of the following apply:

 (i) the person was offered, and accepted, a place (other than a Commonwealth supported place) in the undergraduate course of study with the provider before 1 January 2009;

 (ii) the undergraduate course of study was to commence before 1 January 2009;

 (iii) with the provider’s approval, the person commences the course of study after that time; or

 (d) at the time the person commences the undergraduate course of study with the provider, the person is an *overseas student.

Other higher education providers

 (3) If a person is to be enrolled, with a higher education provider that is not a *Table A provider, in a unit of study, the provider must enrol the person in the unit as a *Commonwealth supported student if:

 (a) completion of the unit is in furtherance of a *national priority; and

 (b) places have been allocated to the provider under section 3010 in respect of that national priority for the year in which the person is enrolled in the unit.

 (4) Subsection (3) does not apply, and is taken never to have applied, in relation to that enrolment if:

 (a) in respect of the year in which the person is enrolled in the unit, the provider has already filled, or fills, all of the *number of Commonwealth supported places in respect of that *national priority; or

 (b) the person notifies an *appropriate officer of the provider that he or she does not wish to be a *Commonwealth supported student in relation to the unit.

Notices under paragraph (4)(b)

 (5) A notice under paragraph (4)(b):

 (a) must be in writing; and

 (b) must be given on or before the *census date for the unit.

3640  Providers to cancel enrolments in certain circumstances

 (1) A higher education provider must cancel a person’s enrolment in a unit of study with the provider if the person:

 (a) is enrolled as a *Commonwealth supported student in relation to the unit; and

 (b) has not, on or before the *census date for the unit:

 (i) completed, and signed, a *request for Commonwealth assistance in relation to the unit or, where the unit forms part of a *course of study undertaken with the provider, in relation to the course of study; and

 (ii) given it to an *appropriate officer of the provider.

 (2) A higher education provider must cancel a person’s enrolment in a unit of study with the provider if the person:

 (a) is enrolled as a *Commonwealth supported student in relation to the unit; and

 (b) is not entitled to *HECSHELP assistance for the unit; and

 (c) has not, on or before the *census date for the unit, paid to the provider the whole of the person’s *student contribution amount for the unit.

However, this subsection does not apply if the person’s student contribution amount for the unit is a nil amount.

 (3) A request for Commonwealth assistance, in relation to a person enrolling in a unit of study with a higher education provider (where access to the unit was not provided by *Open Universities Australia), means a document:

 (a) in which the person requests the Commonwealth to provide assistance under this Act in relation to the unit or, where the unit forms part of a *course of study undertaken with the provider, in relation to the course of study; and

 (b) that is in the form approved by the Minister.

Subdivision 36DConditions relating to student contribution amounts

3645  Limits on student contribution amounts

  If a person is enrolled with a higher education provider in a unit of study as a *Commonwealth supported student, the provider must not charge, as the person’s *student contribution amount for the unit, an amount that exceeds the amount worked out as follows:

  

Subdivision 36EConditions relating to tuition fees

3655  Tuition fees for nonCommonwealth supported students

Tuition fees for units of study

 (1) A higher education provider must not determine, as a person’s *tuition fee for a unit of study, an amount that is less than the highest *student contribution amount that the provider would charge any person who is a *Commonwealth supported student in relation to the unit.

 (2) Subsection (1) does not apply if the person is enrolled in an *employer reserved place. However, the provider must not charge, as the person’s *tuition fees for the unit, amounts that are such that the sum of:

 (a) the tuition fees; and

 (b) the *employer contribution amount for the unit;

is less than the *student contribution amount referred to in subsection (1).

 (3) If a person:

 (a) is enrolled in study with a higher education provider on a *nonaward basis; and

 (b) could have enrolled in that study as a unit of study if the enrolment were not on a nonaward basis;

the provider must not charge, as the person’s *fees for the study, amounts that in total are less than the highest amount that the provider would charge any person:

 (c) who may enrol in the study as a unit of study; and

 (d) who is a *Commonwealth supported student in relation to the unit.

Subdivision 36FOther conditions

3660  Providers to meet the quality and accountability requirements

  A higher education provider must meet the *quality and accountability requirements.

3665  Providers to comply with funding agreement

  A higher education provider must comply with any funding agreement the provider enters into under section 3025.

3670  Providers to comply with the Commonwealth Grant Scheme Guidelines

 (1) The Commonwealth Grant Scheme Guidelines may specify conditions that higher education providers must comply with for the purposes of this Division.

 (2) A higher education provider must comply with all such conditions in respect of any year for which the provider receives a grant under this Part.

 (3) However, the provider need not comply with such a condition during a particular year if the condition comes into force on or after the day on which the provider entered into a funding agreement under section 3025 in respect of a period that includes that year.

Part 22AIndigenous student assistance grants

Division 38Indigenous student assistance grants

381  What this Part is about

Grants for assisting Indigenous students are payable under this Part to Table A providers and Table B providers.

Note: This Part does not apply to Table C providers: see section 51.

385  Indigenous Student Assistance Grants Guidelines

  Grants under this Part are also dealt with in the Indigenous Student Assistance Grants Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The Indigenous Student Assistance Grants Guidelines are made by the Minister under section 23810.

3810  Eligibility for grants under this Part

 (1) A *Table A provider or *Table B provider is, subject to subsection (3), eligible for grants under this Part, in respect of the year 2017 or a later year, for the following purposes:

 (a) assisting Indigenous students to undertake higher education;

 (b) increasing the number of Indigenous students enrolling in, progressing in and completing courses leading to *higher education awards.

 (2) Without limiting subsection (1), the purposes mentioned in that subsection may be achieved through the following means:

 (a) providing scholarships;

 (b) providing academic support, including supplementary tuition;

 (c) providing pastoral care;

 (d) implementing strategies to:

 (i) accelerate improvements to Indigenous student outcomes in higher education; or

 (ii) foster culturallysafe learning environments in higher education.

 (3) If the Indigenous Student Assistance Grants Guidelines:

 (a) provide for a grant; and

 (b) specify extra conditions of eligibility to receive the grant;

then a *Table A provider or *Table B provider is not eligible for the grant unless the provider complies with those extra conditions.

3815  Guidelines may provide for grants

 (1) The Indigenous Student Assistance Grants Guidelines may provide for one or more grants to *Table A providers and *Table B providers for purposes specified in subsection 3810(1).

 (2) If the Indigenous Student Assistance Grants Guidelines provide for one or more grants of a particular type, the guidelines may also specify all or any of the following matters for the grants:

 (a) the grants’ objectives;

 (b) the extra conditions of eligibility to receive the grants;

 (c) the amount, being part of the amount referred to in section 3845 for a year, that will be spent on grants of that type in that particular year;

 (d) the indexation of that amount for subsequent years, using the method of indexation set out in Part 56;

 (e) the amounts of the grants, or the methods by which the amounts of the grants will be determined;

 (f) the year or years in respect of which the grants are payable;

 (g) the conditions that apply to the grants.

3820  Approval of grants

  The Minister may, by notifiable instrument, approve a grant under this Part in respect of a year to a particular higher education provider that is eligible for such a grant.

3825  Conditions on grants

 (1) A grant is made on the following conditions:

 (a) if the grant is provided for by the Indigenous Student Assistance Grants Guidelines and the guidelines specify conditions that apply to the grant:

 (i) on the conditions provided for in the guidelines; and

 (ii) also on the condition that the higher education provider receiving the grant must meet the *quality and accountability requirements;

 (b) if paragraph (a) does not apply:

 (i) on such conditions (if any) as the Minister determines under subsection (2); and

 (ii) also on the condition that the higher education provider receiving the grant must meet the quality and accountability requirements.

 (2) For the purposes of subparagraph (1)(b)(i), the Minister may, by notifiable instrument, determine conditions that apply to one or more grants that a particular higher education provider receives.

3830  Amounts of grants

 (1) The amount of a grant is:

 (a) if:

 (i) the grant is provided for by the Indigenous Student Assistance Grants Guidelines; and

 (ii) the guidelines specify the amount of the grant, or a method by which the amount of the grant is to be determined;

  the specified amount, or the amount determined by the specified method; or

 (b) if paragraph (a) does not apply—the amount determined by the Minister under subsection (2).

 (2) For the purposes of paragraph (1)(b), the Minister may, by notifiable instrument, determine the amounts of one or more grants that a particular higher education provider receives.

3835  Amounts payable under this Part

  If:

 (a) a higher education provider meets, in respect of a year, the requirements of the Indigenous Student Assistance Grants Guidelines for the purposes of section 3815 in relation to a grant; or

 (b) the Minister approves, under section 3820, a grant to a higher education provider in respect of a year;

there is payable to the provider concerned, in respect of that year, an amount equal to the amount referred to in section 3830 in respect of that grant.

3840  Rollover of grant amounts

 (1) If:

 (a) a higher education provider to which a grant under this Part has been made in respect of a year fails to spend an amount of that grant; and

 (b) the *Secretary determines under subsection (3) that this section is to apply to the provider in respect of that grant;

then so much of the unspent amount as the Secretary determines under that subsection is taken to be granted to the provider under this Part in respect of the next following year.

 (2) The grant is taken to be made:

 (a) under the same conditions as the conditions of the original grant, except the grant is taken to be made in respect of the next following year; or

 (b) under such other conditions as the Secretary determines under subsection (4).

 (3) For the purposes of subsection (1), the Secretary may, by notifiable instrument, determine:

 (a) that this section is to apply to a particular higher education provider in respect of one or more grants; and

 (b) for each grant, an amount of the unspent amount of the grant.

 (4) For the purposes of paragraph (2)(b), the Secretary may, by notifiable instrument, determine conditions that apply to one or more grants made to a particular higher education provider.

3845  Maximum payments for grants under this Part

 (1) The total payments made under this Part in respect of a year must not exceed the amount determined by the Minister under subsection (2) in respect of the year.

 (2) The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year.

Note: A single instrument may determine amounts for multiple years.

 (3) A determination under subsection (2) for a year must be made before the start of that year.

 (4) The Minister may, by legislative instrument, at any time before the end of a year, vary a determination made under subsection (2) for the year.

Part 23Other grants

Division 41Other grants

411  What this Part is about

Grants under this Part are payable to higher education providers and other eligible bodies for a variety of purposes.

Note: This Part does not apply to Table C providers: see section 51.

415  The Other Grants Guidelines

  Other grants are also dealt with in the Other Grants Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The Other Grants Guidelines are made by the Minister under section 23810.

4110  Eligibility for grants under this Part

 (1) Subject to subsection (2), a body corporate referred to in an item in the third column of the table is eligible for grants under this Part, in respect of the year 2005 or a later year, for the purposes specified in the second column of that item.

 

Eligibility for grants under this Part

Item

Purpose of grant

Who is eligible

1

Grants to promote equality of opportunity in higher education

*Table A providers

2

Grants to promote the productivity of higher education providers

*Table A providers

4

Grants to support national institutes specified in the Other Grants Guidelines for the purposes of this item

*Table A providers

5

Grants to support the capital development projects of higher education providers

*Table A providers and *Table B providers

6

Grants to assist with the cost of higher education providers’ superannuation liabilities

*Table A providers

7

Grants to support research by, and the research capability of, higher education providers

*Table A providers and *Table B providers

8

Grants to support the training of research students

*Table A providers and *Table B providers

9

Grants to foster collaboration and reform in higher education

*Table A providers and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item

9A

Grants to support diversity and structural reform

*Table A providers, *Table B providers that are universities, and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item

9B

Grants to support structural adjustment

*Table A providers and *Table B providers that are universities

10

Grants to support the development of systemic infrastructure used by higher education providers

*Table A providers and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item

11

Grants for activities that:

(a) assure and enhance the quality of Australia’s higher education sector; or

(b) foster an understanding of the importance of, or promote research and scholarship in, science, social science or the humanities in Australia; or

(c) support open access to higher education across Australia.

*Table A providers and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item

12

Grants to assist higher education providers with the transitional costs of changes to maximum student contribution amounts

Higher education providers that have provided Commonwealthsupported places for any year

 (2) If the Other Grants Guidelines:

 (a) specify a program under which grants for a particular purpose specified in the table are to be paid; and

 (b) specify extra conditions of eligibility to receive a grant under the program;

then a body corporate specified in the table in respect of those grants is not eligible for such a grant unless it complies with those extra conditions.

4115  Grants may be paid under programs

 (1) The Other Grants Guidelines may specify one or more programs under which grants for particular purposes specified in the table in subsection 4110(1) are to be paid.

 (2) If the Other Grants Guidelines specify a program for a grant for a particular purpose, the guidelines may also specify all or any of the following matters for the program:

 (a) the program’s objectives;

 (b) the extra conditions of eligibility to receive a grant under the program;

 (c) the amount, being a part of the amount referred to in section 4145 for a year, that will be spent on the program in that particular year;

 (d) the indexation of that amount for subsequent years, using the method of indexation set out in Part 56;

 (e) the method by which the amount of grants under the program will be determined;

 (f) whether grants under a program are in respect of a year or a project;

 (g) the conditions that apply to grants under the program.

4120  Approval of grants

  The Minister may approve a grant under this Part in respect of a year or a project to a body corporate that is eligible for such a grant.

4125  Conditions on grants

  A grant is made on the following conditions:

 (a) if the grant is made under a program and the Other Grants Guidelines specified conditions that apply to a grant under that program:

 (i) on the conditions provided for in the guidelines; and

 (ii) if the body receiving the grant is a higher education provider—also on the condition that the body must meet the *quality and accountability requirements; or

 (b) if paragraph (a) does not apply:

 (i) on such conditions (if any) as the Minister determines in writing; and

 (ii) if the body receiving the grant is a higher education provider—also on the condition that the body must meet the quality and accountability requirements.

4130  Amount of a grant

  The amount of a grant is:

 (a) if the grant is made under a program and the Other Grants Guidelines specify a method by which the amount of grants under the program are to be determined—the amount determined by that method; or

 (b) if paragraph (a) does not apply—the amount determined in writing by the Minister.

4135  Amounts payable under this Part

  If:

 (a) a body corporate meets, in respect of a year, the requirements of the Other Grants Guidelines made for the purposes of section 4115 in relation to a program; or

 (b) the Minister approves, under section 4120, a grant to a body corporate in respect of a year or project;

there is payable to the body corporate concerned, in respect of that year or project, an amount equal to the amount referred to in section 4130 in respect of that grant.

4140  Rollover of grant amounts

 (1) If:

 (a) a body to which a grant under this Part has been made in respect of a year fails to spend an amount of that grant; and

 (b) the *Secretary determines in writing that this section is to apply to the body in respect of that grant;

then so much of the unspent amount as the Secretary specifies is taken to be granted to the body under this Part in respect of the next following year.

 (2) The amount is taken to be granted for the same purpose as the original grant.

 (3) The grant is taken to be made:

 (a) under the same conditions as the conditions of the original grant—except the grant is taken to be made in respect of the next following year; or

 (b) under such other conditions as are determined by the *Secretary.

4145  Maximum payments for other grants under this Part

 (1) The total payments made under this Part in respect of a year referred to in the table must not exceed the amount specified next to that year in the table.

 

Maximum payments for other grants under this Part

Item

Year

Amount

1

2005

$1,539,636,000

2

2006

$1,716,942,000

3

2007

$1,768,622,000

4

2008

$1,912,350,000

5

2009

$1,883,928,000

6

2010

$1,874,910,000

7

2011

$2,032,393,000

8

2012

$2,114,960,000

9

2013

(a) if paragraph (b) does not apply—$2,274,359,000; or

(b) if the Minister determines an amount under subsection (1A) in respect of 2013—that amount

10

2014

(a) if paragraph (b) does not apply—$2,225,794,000; or

(b) if the Minister determines an amount under subsection (1A) in respect of 2014—that amount

11

2015

(a) if paragraph (b) does not apply—$2,231,354,000; or

(b) if the Minister determines an amount under subsection (1A) in respect of 2015—that amount

12

2016

(a) if paragraph (b) does not apply—$2,219,169,000; or

(b) if the Minister determines an amount under subsection (1A) in respect of 2016—that amount

13

2017 and each later year

The amount determined by the Minister under subsection (1B) in respect of that year

 (1A) The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2013 but before 1 January 2017.

 (1B) The Minister must, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2017.

 (1C) A determination under subsection (1B) for a year must be made before the start of that year.

 (1D) The Minister may, in writing, vary a determination under subsection (1A) or (1B) for a year at any time before the end of that year.

 (2) Payments made in respect of a project in a year are taken, for the purposes of subsection (1) to have been made in respect of that year.

4150  List of maximum grant amounts

 (1) Before the start of a year, the Minister must, by legislative instrument, cause a list to be prepared setting out the maximum amounts of all grants which may be paid in the following year for each purpose of grant specified in the table in section 4110.

 (2) The Minister may, in writing, vary a list for a year at any time before the end of that year.

4195  Alternative constitutional bases

 (1) In addition to the effect that it has apart from this section, this Part has the effect it would have if each reference in this Part to a grant were expressly confined to a grant:

 (a) to a corporation to which paragraph 51(xx) of the Constitution applies for the purposes of carrying out the corporation’s activities; or

 (b) for one or more of the following purposes (as well as for a purpose described in section 4110):

 (i) a purpose related to trade or commerce with another country, among the States, between a State and a Territory, between 2 Territories or within a Territory;

 (ii) a purpose involving the use of postal, telegraphic, telephonic, and other like services;

 (iii) a purpose relating to astronomical or meteorological observations;

 (iv) a purpose relating to census or statistics;

 (v) a purpose relating to aliens;

 (vi) a purpose relating to oldage pensions;

 (vii) a purpose relating to the provision of benefits to students or sickness benefits;

 (viii) a purpose relating to Aboriginal or Torres Strait Islander people;

 (ix) a purpose relating to external affairs;

 (x) a purpose relating to the executive power of the Commonwealth;

 (xi) a purpose relating to a matter that is peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or

 (c) in or in relation to a Territory.

 (2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.

Part 24Commonwealth scholarships

Division 46Commonwealth scholarships

461  What this Part is about

Grants for scholarships are made to higher education providers who pay the scholarships to students for the purposes of the students’ education.

Certain scholarships may be paid directly to students.

Note: This Part does not apply to Table C providers: see section 51.

465  The Commonwealth Scholarships Guidelines

  *Commonwealth scholarships are also dealt with in the Commonwealth Scholarships Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The Commonwealth Scholarships Guidelines are made by the Minister under section 23810.

4610  Classes of Commonwealth scholarships

  There are 3 classes of *Commonwealth scholarships:

 (a) directlypaid standard scholarships; and

 (aa) indirectlypaid standard scholarships; and

 (b) postgraduate research scholarships.

Note: The Commonwealth Scholarships Guidelines set out the kinds of scholarships in each class.

4613  Eligibility of students to receive directlypaid standard Commonwealth scholarships

  If:

 (a) the Commonwealth Scholarships Guidelines provide for a particular kind of directlypaid standard *Commonwealth scholarship; and

 (b) those guidelines set out eligibility requirements for that kind of scholarship; and

 (c) a student of:

 (i) a *Table A provider; or

 (ii) a higher education provider to which subparagraph 301(1)(b)(i) applies;

  satisfies those eligibility requirements; and

 (d) the student is selected by the provider to receive that kind of scholarship; and

 (e) the selection is in accordance with a selection policy maintained by that provider; and

 (f) the selection policy complies with the requirements set out in the Commonwealth Scholarships Guidelines;

the student is entitled to receive from the Commonwealth that kind of directlypaid standard Commonwealth scholarship.

4615  Eligibility of higher education providers to receive grants for certain Commonwealth scholarships

 (1) *Table A providers, and higher education providers to which subparagraph 301(1)(b)(i) applies, are eligible to receive a grant from the Commonwealth to pay, as a benefit to students, indirectlypaid standard *Commonwealth scholarships to their students.

 (2) *Table A providers and *Table B providers are eligible to receive a grant from the Commonwealth to pay, as a benefit to students, postgraduate research *Commonwealth scholarships to their students.

 (3) A provider that is eligible to receive a grant under subsection (1) or (2) is an eligible scholarship provider.

4620  Other matters relating to Commonwealth scholarships

 (1) The Commonwealth Scholarships Guidelines may provide for *Commonwealth scholarships.

Directlypaid standard Commonwealth scholarships

 (1A) Without limiting subsection (1), the Commonwealth Scholarships Guidelines may provide for the following matters in relation to directlypaid standard *Commonwealth scholarships:

 (a) the kinds of scholarships that are to be directlypaid standard Commonwealth scholarships;

 (b) the eligibility requirements for each kind of scholarship;

 (c) how the amounts of scholarships are to be determined;

 (d) the indexation of amounts of scholarships, using the method of indexation set out in Part 56;

 (e) how scholarships are to be paid;

 (f) the conditions that apply to a particular kind of scholarship;

 (g) the amount, being part of the amount referred to in section 4640 for a year, that will be spent on each kind of scholarship in that year;

 (h) the indexation of such an amount for subsequent years, using the method of indexation set out in Part 56;

 (i) the maximum number of students that a particular higher education provider can select to receive a particular kind of scholarship for a particular year;

 (j) requirements to be complied with by selection policies maintained by higher education providers;

 (k) information that higher education providers are to give the Minister.

Other Commonwealth scholarships

 (2) Without limiting subsection (1), the Commonwealth Scholarships Guidelines may provide for the following matters in relation to indirectlypaid standard *Commonwealth scholarships and postgraduate research Commonwealth scholarships:

 (a) the kinds of scholarships that are to be indirectlypaid standard Commonwealth scholarships;

 (b) the kinds of scholarships that are to be postgraduate research Commonwealth scholarships;

 (c) which students are eligible for each kind of scholarship;

 (e) the conditions that apply to each kind of scholarship;

 (f) how the amounts of grants to an *eligible scholarship provider are to be determined;

 (g) the amount, being part of the amount referred to in section 4640 for a year, that will be spent on each kind of scholarship in that year;

 (h) the indexation of such an amount for subsequent years, using the method of indexation set out in Part 56;

 (i) how grants to providers are to be made;

 (j) how providers are to determine the amount of each scholarship;

 (k) the indexation of amounts of scholarships, using the method of indexation set out in Part 56;

 (l) how providers are to pay scholarships;

 (m) information that providers are to give the Minister, the *Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997);

 (n) information that providers are to give to:

 (i) the Repatriation Commission; or

 (ii) the Military Rehabilitation and Compensation Commission; or

 (iii) the Secretary, or an employee, of the Department administered by the Minister who administers the Veterans’ Entitlements Act 1986; or

 (iv) the Secretary, or an employee, of the Department administered by the Minister who administers the Military Rehabilitation and Compensation Act 2004.

4625  Condition of grants

  It is a condition of a grant to a higher education provider under this Part that the higher education provider to whom the grant is payable must meet the *quality and accountability requirements.

4630  Amounts payable under this Part

  The amount that is payable under this Part to an *eligible scholarship provider is the amount worked out in accordance with the Commonwealth Scholarships Guidelines.

4635  Rollover of grant amounts

 (1) If:

 (a) a higher education provider to which a grant under this Part has been made fails to spend an amount of that grant; and

 (b) the *Secretary determines in writing that this section is to apply to the provider in respect of that grant;

then so much of the unspent amount as the Secretary specifies is taken to be granted to the provider under this Part in respect of the next following year.

 (2) The amount is taken to be granted:

 (a) under the same conditions as the conditions of the original grant—except the grant is taken to be made in respect of the next following year; or

 (b) under such other conditions as are determined by the *Secretary.

4640  Maximum payments for Commonwealth scholarships

 (1) The total payments made under this Part in respect of a year referred to in the table must not exceed the amount specified next to that year in the table.

 

Maximum payments for Commonwealth Scholarships

Item

Year

Amount

1

2004

$124,212,000

2

2005

$151,452,000

3

2006

$179,733,000

4

2007

$209,569,000

5

2008

$239,305,000

6

2009

$290,104,000

7

2010

$304,553,000

8

2011

$316,212,000

9

2012

$319,056,000

10

2013

(a) if paragraph (b) does not apply—$300,217,000; or

(b) if the Minister determines an amount under subsection (2) in respect of 2013—that amount

11

2014

(a) if paragraph (b) does not apply—$305,166,000; or

(b) if the Minister determines an amount under subsection (2) in respect of 2014—that amount

12

2015

(a) if paragraph (b) does not apply—$307,456,000; or

(b) if the Minister determines an amount under subsection (2) in respect of 2015—that amount

13

2016

(a) if paragraph (b) does not apply—$307,329,000; or

(b) if the Minister determines an amount under subsection (2) in respect of 2016—that amount

14

2017 and each later year

The amount determined by the Minister under subsection (3) in respect of that year

 (2) The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2013 but before 1 January 2017.

 (3) The Minister must, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2017.

 (4) A determination under subsection (3) for a year must be made before the start of that year.

 (5) The Minister may, in writing, vary a determination under subsection (2) or (3) for a year at any time before the end of that year.

Part 25Reduction and repayment of grants

Division 51Introduction

511  What this Part is about

Bodies may have their grants reduced, or be required to repay a grant, for breaches of conditions of grants under Part 22, 22A, 23 or 24.

Note: This Part does not apply to Table C providers: see section 51.

Division 54In what circumstances may a grant be reduced or required to be repaid?

541  Decision as to reduction or repayment of a grant

 (1) The Minister may determine:

 (a) that an amount of a grant made, or to be made, to a body under Part 22, 22A, 23 or 24 is to be reduced; or

 (b) that an amount of a grant made to a body under Part 22, 22A, 23 or 24 is to be repaid to the Commonwealth.

 (2) The Minister may make a determination under subsection (1) if:

 (a) the body breaches a condition of a grant made to the body under Part 22, 22A, 23 or 24, whether or not that grant is the grant to be reduced or repaid; and

 (b) the Minister is satisfied that it is appropriate to take that action (see section 545); and

 (c) the Minister complies with the requirements of Division 60.

545  Appropriateness of requiring reduction or repayment of grant

  Without limiting the matters that the Minister may consider in deciding whether it is appropriate under subsection 541(1) to take particular action, the Minister may consider any or all of the following matters:

 (a) whether the breach is of a minor or major nature;

 (b) whether the breach has occurred before and, if so, how often;

 (ba) if the breach is a breach of a condition imposed under section 1937—the amount of any adjustment under section 3337 in relation to that breach, or any other breach by the body, during the same year;

 (c) if the body is a higher education provider—the impact that the breach may have on the body’s students;

 (d) if the body is a higher education provider—the impact of the breach on the higher education provided by the body;

 (e) the impact of the breach on Australia’s reputation as a provider of high quality higher education.

Division 57What is the amount of a reduction or repayment?

571  Reduction in amount of grants

  If an amount of a grant is to be reduced under this Part, it must be reduced by an amount determined by the Minister in writing.

575  Amount of the repayment

 (1) If an amount of a grant is to be repaid under this Part, the amount to be repaid is the amount that the Minister determines in writing.

 (2) The amount to be repaid must not exceed the amount of the grant.

 (4) The amount to be repaid is a debt owed to the Commonwealth by the body to which the grant was paid.

Division 60How are decisions reducing a grant or requiring repayment of a grant made?

601  Procedure prior to decision

 (1) Before making a decision under paragraph 541(a) or (b) in respect of a body, the Minister must give to the body notice in writing:

 (a) stating that the Minister is considering reducing the body’s grant, or requiring the repayment of a grant made to the body, as the case may be; and

 (b) stating the amount of the proposed reduction or repayment and the reasons why the Minister is considering taking that action; and

 (c) inviting the body to make written submissions to the Minister within 28 days on either or both of the following matters:

 (i) why that action should not be taken;

 (ii) why the amount of the proposed reduction or repayment should be reduced; and

 (d) informing the body that, if no submission is received under paragraph (c) within the time required, the action will take effect on the day after the last day for making submissions.

 (2) In deciding whether to take the action, the Minister must consider any submissions received from the body within the 28 day period.

605  Notification of decision

 (1) The Minister must notify the body in writing of his or her decision on whether or not to take the action. The notice:

 (a) must be in writing; and

 (b) if a submission was received from the body within the 28 day period—must specify the day that the decision is to take effect; and

 (c) must be given within the period of 28 days following the period in which submissions may have been given to the Minister under subsection 601(1).

 (2) If no notice is given within the period provided for in paragraph (1)(c), the Minister is taken to have decided not to take the action.

6010  When a decision takes effect

  If the Minister’s decision is to take the action, the decision takes effect:

 (a) if no submission was made under subsection 601(1)—on the day after the last day for making submissions; or

 (b) if such a submission was made—on the day specified in the notice under subsection 605(1).

Chapter 3Assistance to students

 

Division 65Introduction

651  What this Chapter is about

This Chapter provides for 4 kinds of assistance that the Commonwealth provides to students.

 Note: The Commonwealth meets all or part of the higher education costs of students who are enrolled in places funded under Part 22.

The 4 kinds of assistance available under this Chapter are:

 HECSHELP assistance—assistance to meet a student’s liability to pay student contribution amounts for units of study that are Commonwealth supported (see Part 32);

 FEEHELP assistance—assistance to meet a student’s liability to pay tuition fees for units of study that are not Commonwealth supported (see Part 33);

 OSHELP assistance—assistance to a student who, as part of his or her course of study, is to undertake study overseas (see Part 34);

 SAHELP assistance—assistance to a student on whom a student services and amenities fee is imposed (see Part 35).

The Commonwealth pays the assistance to the relevant higher education provider either (in the case of HECSHELP assistance, FEEHELP assistance and SAHELP assistance) to discharge the student’s liability, or (in the case of OSHELP assistance) to pay to students on the Commonwealth’s behalf.

The assistance is (in most cases) in the form of a loan from the Commonwealth to the student.

Note: Chapter 4 deals with the repayment of loans made under this Chapter.

Part 32HECSHELP assistance

Division 87Introduction

871  What this Part is about

A student may be entitled to HECSHELP assistance for units of study for which he or she is Commonwealth supported, if certain requirements are met.

The amount of assistance to which the student may be entitled is based on his or her student contribution amounts for the units, less any upfront payments. The assistance is paid to a higher education provider to discharge the student’s liability to pay his or her student contribution amounts.

Note 1: Amounts of assistance under this Part may form part of a person’s HELP debts that the Commonwealth recovers under Part 42.

Note 2: This Part does not apply to Table C providers: see section 51.

875  The HECSHELP Guidelines

  *HECSHELP assistance is also dealt with in the HECSHELP Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The HECSHELP Guidelines are made by the Minister under section 23810.

Division 90Who is entitled to HECSHELP assistance?

901  Entitlement to HECSHELP assistance

  Subject to section 9010, a student is entitled to *HECSHELP assistance for a unit of study in which the student is enrolled with a higher education provider as part of a *course of study if:

 (aa) the course of study is an *accredited course in relation to the provider; and

 (a) the student meets the citizenship or residency requirements under section 905; and

 (b) the *census date for the unit is on or after 1 January 2005; and

 (ba) the student’s *HELP balance is greater than zero; and

 (c) the student is a *Commonwealth supported student in relation to the unit; and

 (e) the student:

 (i) enrolled in the unit on or before the census date for the unit; and

 (ii) at the end of the census date, remained so enrolled; and

 (f) the student *meets the tax file number requirements (see section 1871); and

 (g) the student has, on or before the census date, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to the unit or, where the course of study of which the unit forms a part is undertaken with the provider, in relation to the course of study.

Note: For transitional provisions relating to paragraph (ba), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

905  Citizenship or residency requirements

 (1) A student meets the citizenship or residency requirements under this section in relation to a unit of study if the student is:

 (a) an Australian citizen; or

 (b) a *permanent humanitarian visa holder who will be resident in Australia for the duration of the unit.

 (2) In determining, for the purpose of paragraph (1)(b), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:

 (a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of that unit; or

 (b) is required for the purpose of completing a requirement of that unit.

 (2A) A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student:

 (a) is a New Zealand citizen; and

 (b) holds a special category visa under the Migration Act 1958; and

 (c) both:

 (i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (2B) (the test day); and

 (ii) was a *dependent child when he or she first began to be usually resident in Australia; and

 (d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

 (e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

 (2B) For the purposes of subsection (2A), the day is the earlier of:

 (a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that formed part of the same *course of study—the day the student first made such a request; or

 (b) otherwise—the day the student made the request for Commonwealth assistance in relation to the unit.

 (3) Despite subsections (1), (2) and (2A), a student does not meet the citizenship or residency requirements in relation to a unit of study if the provider reasonably expects that the student will not undertake in Australia any units of study contributing to the *course of study of which the unit forms a part.

9010  Students not entitled to HECSHELP assistance

  A student is not entitled to *HECSHELP assistance for a unit of study if:

 (a) the unit forms a part of a *course of study; and

 (b) the course of study is, or is to be, undertaken by the student primarily at an overseas campus.

Division 93How are amounts of HECSHELP assistance worked out?

931  The amount of HECSHELP assistance for a unit of study

  The amount of *HECSHELP assistance to which a student is entitled for a unit of study is the difference between:

 (a) his or her *student contribution amount for the unit; and

 (b) the sum of any *upfront payments made in relation to the unit.

Note: A lesser amount may be payable because of section 9320.

935  Student contribution amounts

 (1) A person’s student contribution amount for a unit of study is the amount worked out as follows:

  

where the person’s student contribution amount for a place in the unit is:

 (a) if only one student contribution amount has been determined for places in the unit under subsection 1987(2)—that student contribution amount; or

 (b) if more than one student contribution amount has been determined for places in the unit under that subsection—the student contribution amount determined under that subsection that applies to the person.

 (2) A person’s *student contribution amount for a place in a unit must not exceed the *maximum student contribution amount for a place in the unit that applies in respect of that person.

 (3) A person’s student contribution amount for a unit of study is nil if the person undertakes the unit as part of an *enabling course. This subsection has effect despite subsection (1).

 (4) If an amount worked out by using the formula in subsection (1) is an amount made up of dollars and cents, round the amount down to the nearest dollar.

9310  Maximum student contribution amount for a place

  The maximum student contribution amount for a place in a unit of study is the amount specified in respect of a person in the following table in relation to the *funding cluster in which the unit is included.

 

Maximum student contribution amounts for a place

Item

For a place in a unit of study included in this funding cluster:

The amount in respect of a nongrandfathered student is:

The amount in respect of a grandfathered student is:

1

Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture

$14,500.

(a) for a place in a unit in Law, Accounting, Administration, Economics or Commerce—$11,355; or

(b) for a place in a unit in Communications or Society and Culture—$6,804.

2

Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology or Professional Pathway Social Work

(a) for a place in a unit in Education, Clinical Psychology, English, Mathematics or Statistics—$3,950; or

(b) for a place in a unit in Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology or Professional Pathway Social Work—$7,950.

(a) for a place in a unit in Education, Clinical Psychology, English, Mathematics or Statistics—$3,950; or

(b) for a place in a unit in Allied Health, Other Health, Built Environment or Computing—$7,950; or

(c) for a place in a unit in Visual and Performing Arts, Professional Pathway Psychology or Professional Pathway Social Work—$6,804.

3

Nursing, Foreign Languages, Engineering, Surveying, Environmental Studies, Science

(a) for a place in a unit in Nursing or Foreign Languages—$3,950; or

(b) for a place in a unit in Engineering, Surveying, Environmental Studies or Science—$7,950.

(a) for a place in a unit in Nursing or Foreign Languages—$3,950; or

(b) for a place in a unit in Engineering, Surveying, Environmental Studies or Science—$7,950.

4

Agriculture, Medicine, Dentistry, Veterinary Science, Pathology

(a) for a place in a unit in Agriculture—$3,950; or

(b) for a place in a unit in Medicine, Dentistry or Veterinary Science—$11,300; or

(c) for a place in a unit in Pathology—$7,950.

(a) for a place in a unit in Agriculture—$3,950; or

(b) for a place in a unit in Medicine, Dentistry or Veterinary Science—$11,300; or

(c) for a place in a unit in Pathology—$7,950.

Note 1: The Commonwealth Grant Scheme Guidelines may specify how to determine the funding cluster, or the part of a funding cluster, in which units of study are included or the particular funding cluster, or the particular part of a particular funding cluster, in which a particular unit of study is included: see section 3335.

Note 2: Maximum student contribution amounts for places are indexed under Part 56.

9315  Upfront payments

 (1) An upfront payment, in relation to a unit of study for which a person is liable to pay his or her *student contribution amount, is a payment of all or part of the student’s student contribution amount for the unit, other than a payment of *HECSHELP assistance under this Part.

 (2) The payment must be made on or before the *census date for the unit.

9320  Amounts of HECSHELP assistance, FEEHELP assistance and VET FEEHELP assistance must not exceed the HELP balance

Amount of HECSHELP assistance for one unit

 (1) The amount of *HECSHELP assistance to which a student is entitled for a unit of study is an amount equal to the student’s *HELP balance on the *census date for the unit if:

 (a) there is no other:

 (i) unit of study, with the same census date, for which the student is entitled to *HECSHELP assistance; or

 (ii) unit of study, with the same census date, for which the student is entitled to *FEEHELP assistance; or

 (iii) *VET unit of study, with the same census date, for which the student is entitled to *VET FEEHELP assistance; and

 (b) the amount of HECSHELP assistance to which the student would be entitled under section 931 for the unit would exceed that HELP balance.

Note 1: For transitional provisions relating to subparagraph (a)(i), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

Note 2: The amount of a *VET student loan is limited by reference to the student’s HELP balance—see sections 8 and 20 of the VET Student Loans Act 2016. The student’s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student—see section 12815.

Amount of HECSHELP assistance for more than one unit

 (2) If the sum of:

 (a) the amount of *HECSHELP assistance to which a student would be entitled under section 931 for a unit of study; and

 (b) any other amounts of:

 (i) HECSHELP assistance to which the student would be entitled under that section for other units that have the same *census date as that unit; and

 (ii) *FEEHELP assistance to which the student would be entitled under section 1071 for other units that have the same census date as that unit; and

 (iii) *VET FEEHELP assistance to which the student would be entitled under clause 52 of Schedule 1A for other units that have the same census date as that unit;

would exceed the student’s *HELP balance on the census date for the unit, then, despite subsection (1) of this section, the total amount of HECSHELP assistance, FEEHELP assistance and VET FEEHELP assistance to which the student is entitled for all of those units is an amount equal to that HELP balance.

Example: Kate has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. The student contribution amount for each unit is $600. There are no upfront payments for the units. The total amount of HECSHELP assistance to which Kate is entitled for the units is $2,000, even though the total amount of the student contribution amounts for the units is $2,400.

Note 1: For transitional provisions relating to subparagraph (b)(i), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

Note 2: The amount of a *VET student loan is limited by reference to the student’s HELP balance—see sections 8 and 20 of the VET Student Loans Act 2016. The student’s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student—see section 12815.

 (3) If the student referred to in subsection (2) has enrolled in the units with more than one higher education provider or *VET provider, the student must notify each provider of the proportion of the total amount of *HECSHELP assistance, *FEEHELP assistance or *VET FEEHELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.

Division 96How are amounts of HECSHELP assistance paid?

Note: Part 51 deals generally with payments by the Commonwealth under this Act.

961  Payments to higher education providers

  If a student is entitled to an amount of *HECSHELP assistance for a unit of study with a higher education provider, the Commonwealth must:

 (a) as a benefit to the student, lend to the student the amount of HECSHELP assistance; and

 (b) pay to the provider the amount lent in discharge of the student’s liability to pay his or her *student contribution amount for the unit.

Division 97Recrediting of HELP balances in relation to HECSHELP assistance

9723  Purpose

  The purpose of this Division is to set out the circumstances in which a person’s *HELP balance is to be recredited with an amount equal to the amounts of *HECSHELP assistance that the person has received for a unit of study.

Note: For transitional provisions relating to this Division, see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

9725  Main case of recrediting a person’s HELP balance in relation to HECSHELP assistance

 (1) If section 9742 applies to recredit a person’s *HELP balance with an amount equal to the amounts of *HECSHELP assistance that the person has received for a unit of study, then this section does not apply in relation to that unit.

 (2) A higher education provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *HECSHELP assistance that the person received for a unit of study if:

 (a) the person has been enrolled in the unit with the provider; and

 (b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and

 (c) the provider is satisfied that special circumstances apply to the person (see section 9730); and

 (d) the person applies in writing to the provider for recrediting of the HELP balance; and

 (e) either:

 (i) the application is made before the end of the application period under section 9735; or

 (ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

 (3) If the higher education provider is unable to act for one or more of the purposes of subsection (2), or section 9730, 9735 or 9740, the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.

9727  Recrediting a person’s HELP balance in relation to HECSHELP assistance—no tax file number

 (1) A higher education provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *HECSHELP assistance that the person received for a unit of study if:

 (a) the person has been enrolled in the unit with the provider; and

 (b) subsection 1935(1) applies to the person in relation to the unit.

 (2) The *Secretary may recredit the person’s *HELP balance under subsection (1) if the provider is unable to do so.

9730  Special circumstances

 (1) For the purposes of paragraph 9725(2)(c), special circumstances apply to the person if, and only if, the higher education provider receiving the application is satisfied that circumstances apply to the person that:

 (a) are beyond the person’s control; and

 (b) do not make their full impact on the person until on or after the *census date for the unit of study in question; and

 (c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.

 (2) If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 3621(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.

Note: The matters referred to in paragraphs 3621(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying an amount of student contribution or HECSHELP) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.

9735  Application period

 (1) If:

 (a) the person applying under paragraph 9725(2)(d) for the recrediting of the person’s *HELP balance in relation to a unit of study has withdrawn his or her enrolment in the unit; and

 (b) the higher education provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

 (2) If subsection (1) does not apply, the application period for the application is the period of 12 months after the period during which the person undertook, or was to undertake, the unit.

9740  Dealing with applications

 (1) If:

 (a) the application is made under paragraph 9725(2)(d) before the end of the relevant application period; or

 (b) the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.

 (2) The notice must include a statement of the reasons for the decision.

Note: Refusals of applications are reviewable under Part 57.

9742  Recrediting a person’s HELP balance in relation to HECSHELP assistance—provider defaults

 (1) A higher education provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *HECSHELP assistance that the person received for a unit of study if:

 (a) the person has been enrolled in the unit with the provider; and

 (b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person and the unit; and

 (c) Part 51A applied to the provider at the time the provider defaulted in relation to the person; and

 (d) either of the following apply:

 (i) the *HELP Tuition Protection Director decides, under paragraph 16625(1)(b), that the Director is not satisfied that there is a suitable *replacement course for the person;

 (ii) the person elects, under subparagraph 16625(3)(a)(iii), to have an amount equal to the amounts of HECSHELP assistance that the person received for the *affected unit *recredited to the person’s HELP balance.

Note: A HECSHELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is recredited: see subsection 1375(5).

 (2) The *Secretary may recredit the person’s *HELP balance under subsection (1) if the provider is unable to do so.

Part 33FEEHELP assistance

Division 101Introduction

1011  What this Part is about

A student may be entitled to FEEHELP assistance for units of study for which he or she is not Commonwealth supported, if certain requirements are met.

The amount of assistance to which the student may be entitled is based on his or her tuition fees for the units, but there is a limit on the total amount of assistance that the student can receive. The assistance is paid to a higher education provider or, if the student accesses units through Open Universities Australia, that body, to discharge the student’s liability to pay his or her tuition fees.

Note: Amounts of assistance under this Part may form part of a person’s HELP debts that the Commonwealth recovers under Part 42.

1015  The FEEHELP Guidelines

  *FEEHELP assistance is also dealt with in the FEEHELP Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The FEEHELP Guidelines are made by the Minister under section 23810.

Division 104Who is entitled to FEEHELP assistance?

Subdivision 104ABasic rules

1041  Entitlement to FEEHELP assistance

 (1) Subject to this section and sections 1041A, 1042, 1043 and 1044, a student is entitled to *FEEHELP assistance for a unit of study if:

 (a) the student meets the citizenship or residency requirements under section 1045; and

 (ab) the student is a *genuine student; and

 (ac) the student has been assessed by the higher education provider as academically suited to undertake the unit concerned; and

 (b) the student’s *HELP balance is greater than zero; and

 (c) the *census date for the unit is on or after 1 January 2005; and

 (d) the student is not a *Commonwealth supported student in relation to the unit; and

 (e) the unit meets the course requirements under section 10410; and

 (f) the unit:

 (i) is, or is to be, undertaken as part of a *course of study; or

 (ii) is a unit access to which was provided by *Open Universities Australia; or

 (iii) is part of a *bridging course for overseastrained professionals; and

 (g) the student:

 (i) enrolled in the unit on or before the census date for the unit; and

 (ii) at the end of the census date, remained so enrolled; and

 (h) the student *meets the tax file number requirements (see section 1871); and

 (i) the student has, on or before the census date:

 (i) if access to the unit was provided by Open Universities Australia—completed, signed and given to an *appropriate officer of Open Universities Australia a *request for Commonwealth assistance in relation to the unit; or

 (ii) in any other case—completed, signed and given to an appropriate officer of the higher education provider a request for Commonwealth assistance in relation to the unit or, where the course of study of which the unit forms a part is, or is to be, undertaken with the provider, in relation to the course of study.

 (1A) In determining whether a student is a *genuine student, regard may be had to the matters (if any) specified in the Higher Education Provider Guidelines.

 (1B) The assessment for the purposes of paragraph (1)(ac) must be done in accordance with any requirements specified in the Higher Education Provider Guidelines made for the purposes of section 1942.

 (2) A student is not entitled to *FEEHELP assistance for a unit of study if:

 (a) the unit forms a part of a *course of study; and

 (b) the course of study is, or is to be, undertaken by the student primarily at an overseas campus.

 (3) A student is not entitled to *FEEHELP assistance for a unit of study provided, or to be provided, by a higher education provider if:

 (a) a limit on the total number of students entitled to FEEHELP assistance, or on the total amount of FEEHELP assistance payable to the provider, applies to the provider; and

 (b) provision of FEEHELP assistance to the student would exceed that limit.

 (4) A student is not entitled to *FEEHELP assistance for a unit of study with a higher education provider if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.

1041A  Failure by a student to complete previous units with provider

 (1) A student is not entitled to *FEEHELP assistance for a unit of study provided, or to be provided, by a higher education provider if:

 (a) in a case where the unit of study is part of a course leading to the award of a bachelor degree or higher qualification:

 (i) the student has already undertaken 8 or more other units of study at that provider as part of that course of study; and

 (ii) the student did not successfully complete at least 50% of those other units; or

 (b) in any other case:

 (i) the student has already undertaken 4 or more other units of study at that provider as part of a course of study; and

 (ii) the student did not successfully complete at least 50% of those other units.

 (2) This section does not apply if:

 (a) the student applies in writing to the provider for an exemption from subsection (1); and

 (b) the higher education provider is satisfied that special circumstances apply to the student (see section 10430).

1042  Failure by a student to complete previous units accessed through Open Universities Australia

  A student is not entitled to *FEEHELP assistance for a unit of study access to which is provided by *Open Universities Australia if:

 (a) the student has already undertaken 8 or more other units of study, access to which was provided by Open Universities Australia; and

 (b) the student did not successfully complete at least 50% of those other units.

1043  Failure by Open Universities Australia to comply with FEEHELP Guidelines etc.

 (1) The Minister may determine, by legislative instrument, that there is to be no entitlement to *FEEHELP assistance for a specified year for units of study to which access is provided by *Open Universities Australia, if the Minister is satisfied that Open Universities Australia has, during the 2 years immediately preceding the specified year, failed to comply with the FEEHELP Guidelines or with subsection (5).

 (2) Without limiting the generality of what may be included in the FEEHELP Guidelines, they may include any or all of the following:

 (a) requirements relating to the financial viability of *Open Universities Australia;

 (b) requirements relating to the quality of tuition accessed through Open Universities Australia;

 (c) requirements relating to fairness in the treatment of persons accessing, or seeking to access, tuition through Open Universities Australia;

 (d) requirements relating to compliance with this Act, the regulations and other Guidelines made under this Act;

 (e) requirements relating to *tuition fees for units of study accessed through Open Universities Australia;

 (f) requirements relating to the provision of information to the Commonwealth by Open Universities Australia that is relevant in any way to the provision of *FEEHELP assistance to students accessing units of study through Open Universities Australia, or the repayment of the *HELP debts of those students;

 (g) administrative requirements of the kinds imposed on higher education providers under Parts 5.2 and 5.3 of this Act.

 (3) A student is not entitled to *FEEHELP assistance for a unit of study if:

 (a) access to the unit is provided by *Open Universities Australia; and

 (b) the Minister has made a determination under subsection (1) in relation to the year during which the unit is accessed; and

 (c) the determination was made before 1 July in the year immediately preceding that year.

 (5) *Open Universities Australia must comply with section 1937 as if it were a higher education provider.

1044  Failure by Open Universities Australia to set tuition fees and census date

 (1) This section applies to a unit of study access to which is provided by *Open Universities Australia during a period ascertained in accordance with the FEEHELP Guidelines.

 (2) *Open Universities Australia must determine, for the unit, one or more *fees that are to apply to students to whom Open Universities Australia provides access to the unit during the period.

 (2AA) In determining more than one *fee under subsection (2), *Open Universities Australia may have regard to any matters Open Universities Australia considers appropriate, other than matters specified in the FEEHELP Guidelines as matters to which Open Universities Australia must not have regard.

 (2A) *Open Universities Australia must not vary a *fee unless Open Universities Australia:

 (a) does so:

 (i) before the date ascertained in accordance with the FEEHELP Guidelines; and

 (ii) in circumstances specified in the FEEHELP Guidelines; or

 (b) does so with the written approval of the Minister.

 (3) A fee includes any tuition, examination or other fee payable to *Open Universities Australia by those students in relation to the unit.

 (4) A fee does not include a fee:

 (a) payable in respect of an organisation of students, or of students and other persons; or

 (b) payable in respect of the provision to students of amenities or services that are not of an academic nature; or

 (c) payable in respect of residential accommodation.

Census date

 (5) *Open Universities Australia must set a particular date to be the *census date for the unit for the period.

 (5A) *Open Universities Australia must not vary a *census date unless Open Universities Australia:

 (a) does so:

 (i) before the date ascertained in accordance with the FEEHELP Guidelines; and

 (ii) in circumstances specified in the FEEHELP Guidelines; or

 (b) does so with the written approval of the Minister.

Consequence of failure to set tuition fees and census date

 (6) If *Open Universities Australia does not:

 (a) determine a *fee in accordance with subsection (2) for the unit for the period; or

 (b) determine a *census date in accordance with subsection (5) for the unit for the period;

no student to whom Open Universities Australia provides access to the unit for that period is entitled to *FEEHELP assistance for the unit.

1045  Citizenship or residency requirements

 (1) A student meets the citizenship or residency requirements under this section in relation to a unit of study if the student is:

 (a) an Australian citizen; or

 (b) a *permanent humanitarian visa holder who will be resident in Australia for the duration of the unit; or

 (c) if the student is undertaking, or is to undertake, the unit as part of a *bridging course for overseastrained professionals—a *permanent visa holder who will be resident in Australia for the duration of the unit.

 (2) In determining, for the purpose of paragraph (1)(b) or (c), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:

 (a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or

 (b) is required for the purpose of completing a requirement of that unit.

 (2A) A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student:

 (a) is a New Zealand citizen; and

 (b) holds a special category visa under the Migration Act 1958; and

 (c) both:

 (i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (2B) (the test day); and

 (ii) was a *dependent child when he or she first began to be usually resident in Australia; and

 (d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

 (e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

 (2B) For the purposes of subsection (2A), the day is the earlier of:

 (a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that formed part of the same *course of study—the day the student first made such a request; or

 (b) otherwise—the day the student made the request for Commonwealth assistance in relation to the unit.

 (3) Despite subsections (1), (2) and (2A), a student does not meet the citizenship or residency requirements in relation to a unit of study if the provider reasonably expects that the student will not undertake in Australia any units of study contributing to the *course of study, or the *bridging course for overseastrained professionals, of which the unit forms a part.

 (4) Despite subsections (1), (2) and (2A), a student does not meet the citizenship or residency requirements in relation to a unit of study to which access was provided by *Open Universities Australia if the student was not resident in Australia on the day the student gave the *request for Commonwealth assistance in relation to the unit as referred to in subparagraph 1041(1)(i)(i).

10410  Course requirements

 (1) The course requirements for *FEEHELP assistance for a unit of study are that:

 (a) if the unit is being undertaken as part of a *course of study, the course is not a course that:

 (i) is subject to a determination under subsection (2); or

 (ii) is with a higher education provider that is subject to a determination under subsection (2); and

 (b) if the unit is being undertaken as part of a course of study with a higher education provider:

 (i) the course of study is an *accredited course in relation to the provider; or

 (ii) if the provider is a *selfaccrediting entity—the course of study is an *enabling course.

 (2) The Minister may, by legislative instrument, determine that:

 (a) a specified course provided by a specified higher education provider is a course in relation to which *FEEHELP assistance is unavailable; or

 (b) all courses provided by a specified higher education provider are courses in relation to which FEEHELP assistance is unavailable.

 (3) In deciding whether to make a determination under subsection (2), the Minister must have regard to the effect of the determination on students undertaking the course or courses.

Subdivision 104BRecrediting HELP balances in relation to FEEHELP assistance

10425  Main case of recrediting a person’s HELP balance in relation to FEEHELP assistance

 (1A) If section 10442 applies to recredit a person’s *HELP balance with an amount equal to the amounts of *FEEHELP assistance that the person has received for a unit of study, then this section does not apply in relation to that unit.

 (1) A higher education provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *FEEHELP assistance that the person received for a unit of study if:

 (a) the person has been enrolled in the unit with the provider; and

 (aa) access to the unit was not provided by *Open Universities Australia; and

 (b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake the unit; and

 (c) the provider is satisfied that special circumstances apply to the person (see section 10430); and

 (d) the person applies in writing to the provider for recrediting of the HELP balance; and

 (e) either:

 (i) the application is made before the end of the application period under section 10435; or

 (ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

 (2) *Open Universities Australia must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *FEEHELP assistance that the person has received for a unit of study if:

 (a) access to the unit was provided by Open Universities Australia; and

 (b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and

 (c) Open Universities Australia is satisfied that special circumstances apply to the person (see section 10430); and

 (d) the person applies in writing to Open Universities Australia for recrediting of the HELP balance; and

 (e) either:

 (i) the application is made before the end of the application period under section 10435; or

 (ii) Open Universities Australia waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

Note: A FEEHELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is recredited: see section 13710.

 (3) If the provider is unable to act for one or more of the purposes of subsection (1), or section 10430, 10435 or 10440, the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.

 (4) If *Open Universities Australia is unable to act for one or more of the purposes of subsection (2), or section 10430, 10435 or 10440, the *Secretary may act as if one or more of the references in those provisions to Open Universities Australia were a reference to the Secretary.

10427  Recrediting a person’s HELP balance in relation to FEEHELP assistance—no tax file number

 (1) A higher education provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *FEEHELP assistance that the person received for a unit of study if:

 (a) the person has been enrolled in the unit with the provider; and

 (b) subsection 19310(1) applies to the person in relation to the unit.

 (2) *Open Universities Australia must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *FEEHELP assistance that the person has received for a unit of study if subsection 19310(2) applies to the person in relation to the unit.

Note: A FEEHELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is recredited: see section 13710.

 (3) The *Secretary may recredit the person’s *HELP balance under subsection (1) or (2) if the provider or *Open Universities Australia is unable to do so.

10430  Special circumstances

 (1) For the purposes of paragraphs 1041A(2)(b) and 10425(1)(c), special circumstances apply to the person if and only if the higher education provider receiving the application is satisfied that circumstances apply to the person that:

 (a) are beyond the person’s control; and

 (b) do not make their full impact on the person until on or after the *census date for the unit of study in question; and

 (c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake the unit.

 (2) If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 3621(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.

Note: The matters referred to in paragraphs 3621(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying an amount of student contribution or HECSHELP) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.

 (3) For the purposes of paragraph 10425(2)(c), special circumstances apply to the person if and only if *Open Universities Australia is satisfied that circumstances apply to the person that:

 (a) are beyond the person’s control; and

 (b) do not make their full impact on the person until on or after the *census date for the unit of study in question; and

 (c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.

10435  Application period

 (1) If:

 (a) the person applying under 10425(1)(d) for the recrediting of the person’s *HELP balance in relation to a unit of study has withdrawn his or her enrolment in the unit; and

 (b) the higher education provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

 (1A) If:

 (a) the person applying under paragraph 10425(2)(d) for the recrediting of the person’s *HELP balance in relation to a unit of study has withdrawn from the unit; and

 (b) *Open Universities Australia gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

 (2) If subsections (1) and (1A) do not apply, the application period for the application is the period of 12 months after the period during which the person undertook, or was to undertake, the unit.

10440  Dealing with applications

 (1) If:

 (a) the application is made under paragraph 10425(1)(d) before the end of the relevant application period; or

 (b) the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.

 (1A) If:

 (a) the application is made under paragraph 10425(2)(d) before the end of the relevant application period; or

 (b) *Open Universities Australia waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

Open Universities Australia must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision of the application.

 (2) The notice must include a statement of the reasons for the decision.

Note: Refusals of applications are reviewable under Part 57.

10442  Recrediting a person’s FEEHELP balance if provider defaults or person elects recrediting

 (1) A higher education provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *FEEHELP assistance that the person received for a unit of study if:

 (a) the person has been enrolled in the unit with the provider; and

 (b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person; and

 (c) Part 51A applied to the provider at the time the provider defaulted in relation to the person; and

 (d) either of the following apply:

 (i) the *HELP Tuition Protection Director decides, under paragraph 16625(1)(b), that the Director is not satisfied that there is a suitable *replacement course for the person;

 (ii) the person elects, under subparagraph 16625(3)(a)(iii), to have an amount equal to the amounts of *FEEHELP assistance that the person received for the unit *recredited to the person’s HELP balance.

Note: A FEEHELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is recredited: see subsection 13710(4).

 (2) The *Secretary may recredit the person’s *HELP balance under subsection (1) if the Secretary is satisfied that the provider has failed to do so within a reasonable period.

10443  Recrediting a person’s HELP balance in relation to FEEHELP assistance if not a genuine student

 (1) A higher education provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *FEEHELP assistance that the person received for a unit of study if:

 (a) the person has been enrolled in the unit with the provider; and

 (b) the Secretary is satisfied that the person is not a *genuine student.

Note: A FEEHELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is recredited: see subsection 13710(4).

 (2) The *Secretary may recredit the person’s *HELP balance under subsection (1) if the provider is unable to do so.

10444  Recrediting a person’s HELP balance in relation to FEEHELP assistance if provider completes request for assistance etc.

 (1) A higher education provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *FEEHELP assistance that the person received for a unit of study if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.

Note: A FEEHELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is recredited under this section: see subsection 13710(4).

 (2) A higher education provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *FEEHELP assistance that the person received for a unit of study if the Secretary is satisfied that the student was not entitled to receive FEEHELP assistance for the unit of study with the higher education provider.

 (3) A higher education provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *FEEHELP assistance that the person received for a unit of study if the student has not has been assessed by the higher education provider as academically suited to undertake the unit concerned.

 (4) The *Secretary may recredit the person’s *HELP balance under this section if the provider is unable to do so.

Subdivision 104CBridging courses for overseastrained professionals

10445  Meaning of bridging course for overseastrained professionals

Courses consisting of subjects or units

 (1) One or more subjects or units in which a person is enrolled with a higher education provider, or to which access is provided by *Open Universities Australia, are together a bridging course for overseastrained professionals if:

 (a) the person holds an *assessment statement issued by an *assessing body for a *listed professional occupation; and

 (b) the statement is to the effect that, in the body’s opinion, if the person were successfully to undertake additional studies of a kind specified in the statement, the person would meet the *requirements for entry to that occupation; and

 (c) the person undertakes, or proposes to undertake, those additional studies by:

 (i) enrolling, or proposing to enrol, on a *nonaward basis, in those subjects or units with the provider; or

 (ii) accessing, or proposing to access, those subjects or units through Open Universities Australia; and

 (d) the total student load imposed on the person in relation to those subjects or units does not exceed the student load that, in the opinion of the provider or Open Universities Australia, represents the load imposed on a fulltime student for one year; and

 (e) those subjects or units relate to the assessment statement.

Courses consisting of occupationrelated courses of instruction

 (2) One or more occupationrelated courses of instruction in which a person is enrolled with a higher education provider, or to which access is provided by *Open Universities Australia, are together a bridging course for overseastrained professionals if:

 (a) the person holds an *assessment statement issued by an *assessing body for a *listed professional occupation; and

 (b) the statement is to the effect that, in the body’s opinion, if the person were to be successful in one or more examinations specified in the statement, the person would meet the *requirements for entry to that occupation; and

 (c) the person prepares, or proposes to prepare, for those examinations by:

 (i) enrolling, or proposing to enrol, on a *nonaward basis, in those occupationrelated courses of instruction with the provider; or

 (ii) accessing, or proposing to access, those occupationrelated courses of instruction through Open Universities Australia; and

 (d) the total student load imposed on the person in relation to those courses does not exceed the student load that, in the opinion of the provider or Open Universities Australia, represents the load imposed on a fulltime student for one year; and

 (e) those courses relate to the assessment statement.

Courses consisting of tuition and training programs

 (3) A tuition and training program in which a person is enrolled with a higher education provider, or to which access is provided by *Open Universities Australia, is a bridging course for overseastrained professionals if:

 (a) the person holds an *assessment statement issued by an *assessing body for a *listed professional occupation; and

 (b) the statement is to the effect that, in the body’s opinion, if the person were to undertake a tuition and training program of a kind specified in the statement, the person would meet the *requirements for entry to that occupation; and

 (c) the person undertakes, or proposes to undertake, such a program by:

 (i) enrolling, or proposing to enrol, on a *nonaward basis, in a tuition and training program with the provider; or

 (ii) accessing, or proposing to access, a tuition and training program through Open Universities Australia; and

 (d) the total student load imposed on the person in relation to that program does not exceed the student load that, in the opinion of the provider or Open Universities Australia, represents the load imposed on a fulltime student for one year; and

 (e) that program relates to the assessment statement.

10450  Assessment statements

 (1) An *assessing body for a *listed professional occupation may give to a person who:

 (a) holds a qualification that:

 (i) was awarded in a foreign country; and

 (ii) relates to that occupation; and

 (b) proposes to seek entry to that occupation:

 (i) in Australia; or

 (ii) if the assessing body is an *assessing body of a State or Territory—in that State or Territory;

a written statement to the effect that, in the body’s opinion, if the person were to do any or all of the things referred to in subsection (2), the person would meet the *requirements for entry to that occupation. The statement is an assessment statement.

 (2) The statement may refer to any or all of the following:

 (a) successfully undertaking additional studies of a kind specified in the statement;

 (b) being successful in one or more examinations specified in the statement;

 (c) successfully undertaking a tuition and training program of a kind specified in the statement.

Note: A statement could specify one of the things mentioned in paragraph (a), (b) or (c) or any combination of the things mentioned in those paragraphs.

 (3) This section does not affect the power of an *assessing body to charge fees for an *assessment statement under subsection (1).

10455  Meaning of assessing body

 (1) An assessing body for a particular *listed professional occupation is a person or body specified in the FEEHELP Guidelines as an assessing body for that occupation.

 (2) This section does not prevent 2 or more persons or bodies from being assessing bodies for the same *listed professional occupation.

 (3) The FEEHELP Guidelines may limit the specification of a person or body as an assessing body for a particular *listed professional occupation to:

 (a) a particular State; or

 (b) the Australian Capital Territory; or

 (c) the Northern Territory.

Such an assessing body is an assessing body of a State or Territory.

10460  Meaning of listed professional occupations

 (1) A listed professional occupation is an *occupation specified in the FEEHELP Guidelines as a listed professional occupation.

 (2) To avoid doubt, an *occupation may be specified even if it is not one of the traditional professions.

10465  Occupation includes part of an occupation

 (1) An occupation includes a part of an occupation specified in the FEEHELP Guidelines as an occupation in its own right.

 (2) The following are examples of ways in which a part of an occupation can be specified:

 (a) so much of an occupation as has a bachelor degree (or equivalent) entry requirement;

 (b) so much of an occupation as consists of a particular specialisation.

10470  Requirements for entry to an occupation

 (1) The requirements for entry, to a *listed professional occupation, are the educational requirements:

 (a) for entry to that occupation in Australia; or

 (b) if the requirements are referred to in an *assessment statement given by an *assessing body of a State or Territory for that occupation—for entry to that occupation in that State or Territory.

 (2) A requirement for entry to a *listed professional occupation may:

 (a) be imposed by or under a law; or

 (b) be imposed by or under the rules of a body; or

 (c) consist of eligibility for membership of a body; or

 (d) arise as a generally accepted employment or industry practice.

 (3) However, neither of the following is a requirement for entry to a *listed professional occupation:

 (a) English language training relating to general aspects of written communication or verbal communication, or both; or

 (b) being successful in:

 (i) the Occupational English Test administered by Language Australia; or

 (ii) any other English language test, where that test does not form an integral part of an occupationrelated study unit, an occupationrelated course of instruction or an occupationrelated tuition and training program.

Division 107How are amounts of FEEHELP assistance worked out?

1071  The amount of FEEHELP assistance for a unit of study

  The amount of *FEEHELP assistance to which a student is entitled for a unit of study is the difference between:

 (a) the student’s *tuition fee for the unit; and

 (b) the sum of any *upfront payments made in relation to the unit.

Note: A lesser amount may be payable because of section 10710.

1075  Upfront payments

 (1) An upfront payment, in relation to a unit of study for which a student is liable to pay a *tuition fee, is a payment of all or part of the student’s tuition fee for the unit, other than a payment of *FEEHELP assistance under this Part.

 (2) The payment must be made on or before the *census date for the unit.

10710  Amounts of FEEHELP assistance, HECSHELP assistance and VET FEEHELP assistance must not exceed the HELP balance

Amount of FEEHELP assistance for one unit

 (1) The amount of *FEEHELP assistance to which a student is entitled for a unit of study is an amount equal to the student’s *HELP balance on the *census date for the unit if:

 (a) there is no other:

 (i) unit of study, with the same census date, for which the student is entitled to FEEHELP assistance; or

 (ia) unit of study, with the same census date, for which the student is entitled to HECSHELP assistance; or

 (ii) *VET unit of study, with the same census date, for which the student is entitled to *VET FEEHELP assistance; and

 (b) the amount of FEEHELP assistance to which the student would be entitled under section 1071 for the unit would exceed that HELP balance.

Note 1: For transitional provisions relating to subparagraph (a)(ia), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

Note 2: The amount of a *VET student loan is limited by reference to the student’s HELP balance—see sections 8 and 20 of the VET Student Loans Act 2016. The student’s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student—see section 12815.

Amount of FEEHELP assistance for more than one unit

 (2) If the sum of:

 (a) the amount of *FEEHELP assistance to which a student would be entitled under section 1071 for a unit of study; and

 (b) any other amounts of:

 (i) FEEHELP assistance to which the student would be entitled under that section for other units that have the same *census date as that unit; and

 (ia) *HECSHELP assistance to which the student would be entitled under section 931 for other units that have the same census date as that unit; and

 (ii) *VET FEEHELP assistance to which the student would be entitled under clause 52 of Schedule 1A for other units that have the same census date as that unit;

would exceed the student’s *HELP balance on the census date for the unit, then, despite subsection (1) of this section, the total amount of FEEHELP assistance, HECSHELP assistance and VET FEEHELP assistance to which the student is entitled for all of those units is an amount equal to that HELP balance.

Example: Kath has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. Kath’s tuition fee for each unit is $600. The total amount of FEEHELP assistance to which Kath is entitled for the units is $2,000, even though the total amount of her tuition fees for the units is $2,400.

Note 1: For transitional provisions relating to subparagraph (b)(ia), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

Note 2: The amount of a *VET student loan is limited by reference to the student’s HELP balance—see sections 8 and 20 of the VET Student Loans Act 2016. The student’s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student—see section 12815.

 (3) If the student has enrolled in the units with more than one higher education provider or *VET provider, and access to none of the units was provided by *Open Universities Australia, the student must notify each provider of the proportion of the total amount of *FEEHELP assistance,*HECSHELP assistance or *VET FEEHELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.

 (4) If access to some, but not all, of the units of study was provided by *Open Universities Australia, the student must:

 (a) notify Open Universities Australia of the proportion of the total amount of *FEEHELP assistance that is to be payable in relation to units access to which was provided by Open Universities Australia; and

 (b) notify each higher education provider or *VET provider at which the student is enrolled in a unit, access to which was not provided by Open Universities Australia, of the proportion of the total amount of FEEHELP assistance,*HECSHELP assistance or *VET FEEHELP assistance that is to be payable in relation to that unit.

Division 110How are amounts of FEEHELP assistance paid?

Note: Part 51 deals generally with payments by the Commonwealth under this Act.

1101  Payments

 (1) If a student is entitled to an amount of *FEEHELP assistance for a unit of study with a higher education provider, and access to the unit was not provided by *Open Universities Australia, the Commonwealth must:

 (a) as a benefit to the student, lend to the student the amount of FEEHELP assistance; and

 (b) pay the amount lent to the provider in discharge of the student’s liability to pay his or her *tuition fee for the unit.

 (2) If a student is entitled to an amount of *FEEHELP assistance for a unit of study and access to the unit was provided by *Open Universities Australia, the Commonwealth must:

 (a) as a benefit to the student, lend to the student the amount of FEEHELP assistance; and

 (b) pay the amount lent to Open Universities Australia in discharge of the student’s liability to pay his or her *tuition fee for the unit.

1105  Effect of HELP balance being recredited

 (1) If, under subsection 10425(1) or 10427(1) or section 10442, 10443 or 10444, a person’s *HELP balance is recredited with an amount relating to *FEEHELP assistance for a unit of study, the provider must pay to the Commonwealth an amount equal to the amount of FEEHELP assistance to which the person was entitled for the unit.

Note: The provider must repay the amount under subsection (1) even if the person’s HELP balance is not increased by an amount equal to the amount recredited.

 (1A) Subsection (1) does not apply to the provider if:

 (a) the person’s *HELP balance was recredited under subsection 10425(1) (main case of recrediting a person’s HELP balance); and

 (b) the person enrolled in the unit as a *replacement unit.

 (1B) The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to the recrediting of a person’s *HELP balance in circumstances to which subsection (1A) applies:

 (a) the amount (if any) that is to be paid to the Commonwealth; and

 (b) the person (if any) who is to pay the amounts.

 (2) If, under subsection 10425(2) or 10427(2), *Open Universities Australia recredits a person’s *HELP balance with an amount relating to *FEEHELP assistance for a unit of study, Open Universities Australia must pay to the Commonwealth an amount equal to the amount of FEEHELP assistance to which the person was entitled for the unit.

Part 34OSHELP assistance

Division 115Introduction

1151  What this Part is about

Students may be entitled to OSHELP assistance for periods during which they are undertaking study overseas, if they meet certain requirements. In particular, their higher education provider must have selected them for OSHELP assistance.

The amount of OSHELP assistance is limited to a maximum amount for each period of study, and only 2 such periods can attract OSHELP assistance.

The purpose of OSHELP assistance is to help students based in Australia to do part of their course of study overseas.

Note: Amounts of assistance under this Part may form part of a person’s HELP debts that the Commonwealth recovers under Part 42.

1155  The OSHELP Guidelines

  *OSHELP assistance is also dealt with in the OSHELP Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The OSHELP Guidelines are made by the Minister under section 23810.

Division 118Who is entitled to OSHELP assistance?

1181  Entitlement to OSHELP assistance

 (1) A student is entitled to *OSHELP assistance in relation to a period of 6 months if:

 (a) the student meets the citizenship or residency requirements under section 1185; and

 (b) the student has not received OSHELP assistance in relation to more than one other period of 6 months; and

 (c) the student is enrolled in a *course of study with a higher education provider (the home provider); and

 (ca) the course of study is an *accredited course in relation to the home provider; and

 (d) the student meets the prior study requirements under section 1187; and

 (e) the student meets the overseas study requirements under section 11810; and

 (f) on the completion of that study outside Australia, the student will have to complete units of study that have a total EFTSL value of at least 0.125 EFTSL in order to complete the course requirements for that course of study; and

 (g) the student *meets the tax file number requirements (see section 1871); and

 (h) the student has completed, signed and given to an *appropriate officer of the home provider a *request for Commonwealth assistance in relation to that course of study; and

 (ha) the student has applied to the home provider for receipt of OSHELP assistance in relation to the period; and

 (i) the home provider has selected the student for receipt of OSHELP assistance in relation to the period (see section 11815).

 (2) However, the student is not entitled to *OSHELP assistance in relation to that period if:

 (a) another higher education provider has granted OSHELP assistance to the student in relation to:

 (i) that period; or

 (ii) a period that overlaps with that period; or

 (b) the student applies to the home provider for the assistance after the student has completed the study in relation to the period.

 (3) To avoid doubt, the student may be outside Australia when the student applies to the home provider for receipt of *OSHELP assistance.

1182  Entitlement to supplementary amount for Asian language study

 (1) A student is entitled to a *supplementary amount for Asian language study in relation to a period of 6 months if:

 (a) the student is entitled to *OSHELP assistance in relation to that period; and

 (b) the OSHELP assistance is for overseas study in Asia; and

 (c) the student undertakes intensive study in an Asian language in preparation for undertaking that overseas study; and

 (d) the student has applied to the home provider for receipt of a supplementary amount for Asian language study in relation to the period; and

 (e) the home provider has selected the student for receipt of a supplementary amount for Asian language study in relation to the period (see section 11815).

Note: If a student is entitled to a supplementary amount for Asian language study, the amount of OSHELP assistance to which the student is entitled may include an amount for that language study in addition to the amount the student may receive for overseas study: see section 1211.

 (2) However, the student is not entitled to a *supplementary amount for Asian language study in relation to that period if the student applies to the home provider for the assistance after the student has completed the intensive study in an Asian language in relation to the period.

 (3) For the purposes of subsection (1), the OSHELP Guidelines may specify circumstances in which a student undertakes intensive study in an Asian language in preparation for undertaking overseas study in Asia.

1185  Citizenship or residency requirements

 (1) The citizenship or residency requirements for *OSHELP assistance are that the student in question is:

 (a) an Australian citizen; or

 (b) a *permanent humanitarian visa holder; or

 (c) a student to whom subsection (2) applies.

 (2) This subsection applies to a student who:

 (a) is a New Zealand citizen; and

 (b) holds a special category visa under the Migration Act 1958; and

 (c) both:

 (i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (3) (the test day); and

 (ii) was a *dependent child when he or she first began to be usually resident in Australia; and

 (d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

 (e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

 (3) For the purposes of subsection (2), the day is the earlier of:

 (a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the *course of study the student is enrolled in with the home provider—the day the student first made such a request; or

 (b) otherwise—the day the student made the request for Commonwealth assistance in relation to the period.

1187  Prior study requirements

  The prior study requirements for *OSHELP assistance are that:

 (a) the student in question has completed units of study in Australia that count towards the course requirements for the *course of study; and

 (b) the units of study have a total *EFTSL value of at least one *EFTSL; and

 (c) the student was a *Commonwealth supported student in relation to the units.

11810  Overseas study requirements

  The overseas study requirements for *OSHELP assistance are that:

 (a) the student in question:

 (i) is undertaking fulltime study; and

 (ii) will be outside Australia while undertaking that study; and

 (b) the study commences on or after 1 January 2005; and

 (c) the study outside Australia will count towards the course requirements of the *course of study in which the student is enrolled with the home provider.

Note: For paragraph (a), the study need not be at a higher education provider’s overseas campus or with an overseas higher education institution.

11815  Selection of students for receipt of OSHELP assistance and supplementary amounts for Asian language study

 (1) The OSHELP Guidelines may set out principles and procedures that higher education providers must follow in deciding whether to select students for receipt of *OSHELP assistance or *supplementary amounts for Asian language study.

 (3) Any decision by a higher education provider whether to select a student for receipt of *OSHELP assistance or a *supplementary amount for Asian language study must be made in accordance with the OSHELP Guidelines.

 (4) Without limiting the matters that may be included in the OSHELP Guidelines made for the purposes of subsection (3), those guidelines may deal with:

 (a) the number of its students whom higher education providers may select for receipt of *OSHELP assistance or *supplementary amounts for Asian language study; or

 (b) how that number is to be determined.

Division 121How are amounts of OSHELP assistance worked out?

1211  The amount of OSHELP assistance for a period

 (1) The amount of *OSHELP assistance to which a student is entitled for a period of 6 months is the sum of the following amounts determined by the higher education provider to which the student applied for selection for receipt of the assistance:

 (a) the amount determined by the provider for the overseas study (see subsections (2) and (3));

 (b) if the student is entitled to a *supplementary amount for Asian language study—the supplementary amount determined by the provider for that language study (see subsections (4) and (5)).

Determining amounts for overseas study

 (2) The amount determined for overseas study must not exceed:

 (a) the amount specified in the application; or

 (b) the *maximum OSHELP (overseas study) amount for a period of 6 months.

 (3) The amount determined for overseas study must not be less than the higher education provider’s *minimum OSHELP (overseas study) amount, if the provider has a minimum OSHELP (overseas study) amount.

Determining supplementary amounts for Asian language study

 (4) The supplementary amount determined for Asian language study must not exceed:

 (a) the amount specified in the application; or

 (b) the *maximum OSHELP (Asian language study) amount for a period of 6 months.

 (5) The supplementary amount determined for Asian language study must not be less than the higher education provider’s *minimum OSHELP (Asian language study) amount, if the provider has a minimum OSHELP (Asian language study) amount.

1215  Maximum OSHELP (overseas study) amount

 (1) The maximum OSHELP (overseas study) amount, for a period of 6 months, is:

 (a) if the *OSHELP assistance is for overseas study undertaken in Asia—$7,500; or

 (b) in any other case—$6,250.

Note: The maximum OSHELP (overseas study) amount is indexed under Part 56.

 (2) For the purposes of subsection (1), the OSHELP Guidelines may specify whether overseas study undertaken at a particular place is undertaken in Asia.

12110  Minimum OSHELP (overseas study) amount

 (1) A higher education provider may determine, in writing, its *minimum OSHELP (overseas study) amount.

 (2) The determination has effect until:

 (a) it is replaced by a later determination; or

 (b) it is revoked.

12115  Maximum OSHELP (Asian language study) amount

  The maximum OSHELP (Asian language study) amount, for a period of 6 months, is $1,000.

Note: The maximum OSHELP (Asian language study) amount is indexed under Part 56.

12120  Minimum OSHELP (Asian language study) amount

 (1) A higher education provider may determine, in writing, its minimum OSHELP (Asian language study) amount.

 (2) The determination has effect until:

 (a) it is replaced by a later determination; or

 (b) it is revoked.

Division 124How are amounts of OSHELP assistance paid?

Note: Part 51 deals generally with payments by the Commonwealth under this Act.

1241  Amounts of OSHELP assistance are lent to students

 (1) If a student is entitled to an amount of *OSHELP assistance for a period of 6 months, the Commonwealth must, as a benefit to the student, lend to the student the amount of OSHELP assistance.

 (2) The higher education provider that selected the student for receipt of *OSHELP assistance in relation to the period must, on the Commonwealth’s behalf, pay to the student the amount lent.

 (2A) The OSHELP Guidelines may provide that a student who is entitled to a *supplementary amount for Asian language study may be paid:

 (a) an amount for that language study; and

 (b) an amount for the overseas study;

at different times determined in accordance with those guidelines.

 (2B) If a student is paid amounts at different times as mentioned in subsection (2A), each amount is taken to be a separate loan for the purposes of section 13715 (OSHELP debts).

 (3) The Commonwealth must make payments to the higher education provider on account of amounts the provider pays under this section on the Commonwealth’s behalf.

Part 35SAHELP assistance

Division 125Introduction

1251  What this Part is about

A student may be entitled to SAHELP assistance for a student services and amenities fee imposed on him or her by a higher education provider, if certain requirements are met.

The amount of the assistance is the amount of the fee, less any amounts of the fee paid on or before the day the fee is payable (except any SAHELP assistance paid under this Part). The assistance is paid to the provider to discharge the student’s liability to pay the fee.

Note: Amounts of assistance under this Part may form part of a person’s HELP debts that the Commonwealth recovers under Part 42.

Division 126Who is entitled to SAHELP assistance?

1261  Entitlement to SAHELP assistance

 (1) A student is entitled to *SAHELP assistance for a *student services and amenities fee imposed on the student for a period by a higher education provider if:

 (a) the student meets the citizenship or residency requirements under section 1265; and

 (b) the student is enrolled with the provider in a *course of study or a *bridging course for overseastrained professionals on the day on which the fee is payable; and

 (c) the student *meets the tax file number requirements (see section 1871); and

 (d) the student has, on or before the day on which the fee is payable, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to the fee.

 (2) A request for Commonwealth assistance, in relation to a *student services and amenities fee imposed for a period on a person who is enrolled with a higher education provider in a *course of study or a *bridging course for overseastrained professionals, means a document:

 (a) in which the person requests the Commonwealth to provide assistance under this Act in relation to the fee for the period (and any student services and amenities fee imposed for a later period during which the person is enrolled in the course or bridging course); and

 (b) that is in the form approved by the Minister.

1265  Citizenship or residency requirements

 (1) A student meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student is, on the day the fee is payable:

 (a) an Australian citizen; or

 (b) a *permanent humanitarian visa holder resident in Australia.

 (1A) A student also meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student:

 (a) is a New Zealand citizen on the day the fee is payable; and

 (b) holds a special category visa under the Migration Act 1958 on the day the fee is payable; and

 (c) both:

 (i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (1B) (the test day); and

 (ii) was a *dependent child when he or she first began to be usually resident in Australia; and

 (d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

 (e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

 (1B) For the purposes of subsection (1A), the day is the earlier of:

 (a) if the student:

 (i) is enrolled with the provider in a *course of study; and

 (ii) has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the course—the day the student first made such a request; or

 (b) otherwise—the day the student made the request for Commonwealth assistance in relation to the fee.

 (2) Despite subsections (1) and (1A), a student does not meet the citizenship or residency requirements in relation to a *student services and amenities fee imposed on the student by a higher education provider if the provider reasonably expects that the student will not undertake in Australia any *units of study with the provider.

Division 127How are amounts of SAHELP assistance worked out?

1271  The amount of SAHELP assistance for a student services and amenities fee

  The amount of *SAHELP assistance to which a student is entitled for a *student services and amenities fee is the difference (if any) between:

 (a) the fee; and

 (b) the sum of any payments of the fee (other than a payment of SAHELP assistance under this Part) made on or before the day on which the fee is payable.

Division 128How are amounts of SAHELP assistance paid?

Note: Part 51 deals generally with payments by the Commonwealth under this Act.

1281  Payments to higher education providers of loans to students

  If a student is entitled to an amount of *SAHELP assistance for a *student services and amenities fee imposed by a higher education provider, the Commonwealth must:

 (a) as a benefit to the student, lend to the student the amount of SAHELP assistance; and

 (b) pay to the provider the amount lent in discharge of the student’s liability to pay the fee.

1285  Repayment by higher education provider if student does not have tax file number

  A higher education provider must repay the Commonwealth an amount paid to the provider under section 1281 in discharge of a person’s liability to pay a *student services and amenities fee if subsection 19315(1) applies to the person.

Note 1: Subsection 19315(1) applies to a person who does not have a tax file number.

Note 2: The person’s SAHELP debt will be remitted if the higher education provider must repay the amount under this section: see subsection 13716(4).

Part 36HELP balances

 

1287  What this Part is about

A person’s HELP balance at a particular time is worked out by reference to:

 (a) the HELP loan limit in relation to the person at the time; and

 (b) the amounts of HECSHELP assistance, FEEHELP assistance, VET FEEHELP assistance and VET student loans that that have previously been payable to the person; and

 (c) amounts previously recredited to the person’s HELP balance (including repayments of HELP debts).

12815  HELP balances

 (1) A person’s HELP balance at a particular time is:

 (a) if the *HELP loan limit in relation to the person at the time exceeds the sum of all of the amounts of:

 (i) *HECSHELP assistance that has previously been payable for the person; and

 (ii) *FEEHELP assistance that has previously been payable for the person; and

 (iii) *VET FEEHELP assistance that has previously been payable for the person; and

 (iv) *VET student loans that have previously been payable for the person;

  being that sum as reduced by any amounts previously recredited to the person’s HELP balance under Division 97 of this Act, Subdivision 104B of this Act, section 12825 of this Act, Subdivision 7B of Schedule 1A to this Act or Part 6 of the VET Student Loans Act 2016—that excess; and

 (b) otherwise—zero.

Note 1: If an amount is to be recredited to a HELP balance, the balance that is to be recredited is worked out immediately before that recrediting. The balance is worked out after the recrediting by taking account of the amount recredited. If a person’s HELP loan limit has been reduced, the balance might not increase, or might not increase by the same amount as the amount recredited.

Note 2: For transitional provisions relating to this section, see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018. Those transitional provisions mean that subparagraph (1)(a)(i) does not apply in relation to a unit of study if the census date for the unit is before 1 January 2020.

 (1A) For the purposes of subparagraphs (1)(a)(i), (ii) and (iii), an amount of *HECSHELP assistance, *FEEHELP assistance or *VET FEEHELP assistance is taken to have been payable for a person immediately after the *census date for the unit to which the assistance relates (whether or not the amount has been paid at that time).

 (1B) For the purposes of subparagraph (1)(a)(iv), an amount of a *VET student loan is taken to have been payable for a person immediately after the *census day for the course or a part of the course to which the loan amount relates (whether or not the amount has been paid at that time).

 (2) For the purposes of subparagraphs (1)(a)(i), (ii), (iii) and (iv), it is immaterial whether amounts of *HECSHELP assistance, *FEEHELP assistance, *VET FEEHELP assistance and *VET student loans have been repaid.

 (3) Subsection (2) is enacted for the avoidance of doubt.

12820  HELP loan limit

 (1) The HELP loan limit is:

 (a) $106,319; or

 (b) in relation to a person who is enrolled in a *course of study in medicine, a *course of study in dentistry, a *course of study in veterinary science or a *course of study in aviation, while the person is enrolled in that course—$152,700.

Note: The HELP loan limit is indexed under Part 56.

 (2) A course of study in aviation is a *course of study, or an approved course (within the meaning of the VET Student Loans Act 2016), specified in the FEEHELP Guidelines for the purposes of this subsection.

12825  Recrediting HELP balance—discharge of HELP debt etc.

 (1) If, during:

 (a) the financial year starting on 1 July 2019; or

 (b) a later financial year;

a payment was made in discharge of the whole or a part of a debt that a person owes to the Commonwealth under Chapter 4, the *Commissioner must:

 (c) notify the payment to the Secretary; and

 (d) do so as soon as practicable after the end of that financial year.

Note 1: The payment may be a voluntary repayment.

Note 2: The payment may be in the form of the application of an amount against the debt.

 (2) If the Secretary is so notified, the Secretary must recredit the person’s *HELP balance with an amount equal to the amount of the payment.

 (3) If, under section 14215, the *Secretary determines, during a financial year, that an amount is to be reduced from a person’s *accumulated HELP debt, the Secretary must recredit the person’s *HELP balance with an amount equal to the amount reduced as soon as practicable after the end of that financial year.

Chapter 4Repayment of loans

 

Division 129Introduction

1291  What this Chapter is about

Loans that the Commonwealth makes to students under Chapter 3 are repayable under this Chapter. Loans that the Commonwealth makes to students under Schedule 1A or (before 1 July 2019) under the VET Student Loans Act 2016 are also repayable under this Chapter.

Each loan is incorporated into the person’s accumulated HELP debt (see Part 41).

Under Part 42, the accumulated debts can be repaid in 2 ways:

 a person may make voluntary repayments; or

 compulsory repayments (based on a person’s income) are made using the system for payment of income tax.

A very remote HELP debtor’s accumulated debt, or the indexation of that debt, may be reduced (see Division 142).

Note: Loans that the Commonwealth makes to students under the VET Student Loans Act 2016 on or after 1 July 2019 are repayable under that Act.

Part 41Indebtedness

Division 134Introduction

1341  What this Part is about

A person incurs a HELP debt if he or she receives, as HECSHELP assistance, FEEHELP assistance, OSHELP assistance or SAHELP assistance, a loan from the Commonwealth under Chapter 3.

A person also incurs a HELP debt if he or she receives, as VET FEEHELP assistance, a loan from the Commonwealth under Schedule 1A.

A person will also have incurred a HELP debt if (before 1 July 2019) the Secretary used an amount of a VET student loan approved under the VET Student Loans Act 2016 to pay tuition fees for the person.

HELP debts are incorporated into the person’s accumulated HELP debt. This accumulated debt forms the basis of working out the amounts that the person is obliged to repay (see Part 42).

Note: If the Secretary uses an amount of a VET student loan approved under the VET Student Loans Act 2016 to pay tuition fees for a person on or after 1 July 2019, the person incurs a debt under that Act.

1345  The Very Remote HELP Debtor Guidelines

  Matters relating to *very remote HELP debtors are also dealt with in the Very Remote HELP Debtor Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in those Guidelines.

Note: The Very Remote HELP Debtor Guidelines are made by the Minister under section 23810.

Division 137How do HELP debts arise?

1371  HELP debts

  The following are HELP debts:

 (a) *HECSHELP debts;

 (b) *FEEHELP debts;

 (c) *OSHELP debts;

 (ca) *SAHELP debts;

 (d) *VET FEEHELP debts;

 (e) *pre1 July 2019 VSL debts.

1375  HECSHELP debts

Incurring HECSHELP debts

 (1) A person incurs a debt to the Commonwealth if, under section 961, the Commonwealth:

 (a) makes a loan to the person; and

 (b) uses the amount lent to make a payment in discharge of the person’s liability to pay his or her *student contribution amount for a unit of study.

The debt is a HECSHELP debt.

 (2) The amount of the *HECSHELP debt is the amount of the loan.

When HECSHELP debts are incurred

 (3) A *HECSHELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person’s *student contribution amount for the unit.

Remission of HECSHELP debts

 (4) A person’s *HECSHELP debt in relation to a unit of study is taken to be remitted if section 3620, 3624A or 3624B applies to the person (even if subsection 3620(3) applies to the provider in relation to the person).

 (5) A person’s *HECSHELP debt in relation to a unit of study is taken to be remitted if the person’s *HELP balance is recredited under section 9725, 9727 or 9742 in relation to the unit.

Note: The debt is taken to be remitted even if the person’s HELP balance is not increased by an amount equal to the amount recredited.

13710  FEEHELP debts

Incurring FEEHELP debts

 (1) A person incurs a debt to the Commonwealth if, under section 1101, the Commonwealth:

 (a) makes a loan to the person; and

 (b) uses the amount lent to make a payment in discharge of the person’s liability to pay his or her *tuition fee for a unit of study.

The debt is a FEEHELP debt.

 (2) The amount of the *FEEHELP debt is:

 (a) if the loan relates to *FEEHELP assistance for a unit of study provided by a Table B provider—the amount of the loan; or

 (b) if paragraph (a) does not apply and the loan relates to FEEHELP assistance for a unit of study that forms part of an *undergraduate course of study:

 (i) for a unit of study with a *census date between 1 April 2020 and 30 June 2021—the amount of the loan; or

 (ia) for a unit of study with a census date on or after 1 July 2021—an amount equal to 120% of the loan; or

 (ii) otherwise—an amount equal to 125% of the loan; or

 (c) if neither paragraph (a) nor (b) applies—the amount of the loan.

When FEEHELP debts are incurred

 (3) A *FEEHELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person’s *tuition fee for the unit.

Remission of FEEHELP debts

 (4) A person’s *FEEHELP debt in relation to a unit of study is taken to be remitted if the person’s *HELP balance is recredited under section 10425, 10427, 10442, 10443 or 10444 in relation to the unit.

Note: The debt is taken to be remitted even if the person’s HELP balance is not increased by an amount equal to the amount recredited.

13715  OSHELP debts

Incurring OSHELP debts

 (1) A person incurs a debt to the Commonwealth if, under section 1241, the Commonwealth makes a loan to the person. The debt is an OSHELP debt.

Note: For a student who is entitled to a supplementary amount for Asian language study, see subsections 1241(2A) and (2B).

 (2) The amount of the *OSHELP debt is an amount equal to the amount of the loan.

When OSHELP debts are incurred

 (3) The *OSHELP debt is taken to have been incurred on the day on which a higher education provider, on the Commonwealth’s behalf, paid the amount lent to the person.

13716  SAHELP debts

Incurring SAHELP debts

 (1) A person incurs a debt to the Commonwealth if, under section 1281, the Commonwealth:

 (a) makes a loan to the person; and

 (b) uses the amount lent to make a payment of the person’s liability to pay a *student services and amenities fee.

The debt is an SAHELP debt.

 (2) The amount of the *SAHELP debt is an amount equal to the loan.

When SAHELP debts are incurred

 (3) An *SAHELP debt is taken to have been incurred by a person immediately after the day on which the *student services and amenities fee to which the loan relates is payable, whether or not the Commonwealth has made a payment in respect of the fee.

Remission of SAHELP debts

 (4) A person’s *SAHELP debt in relation to a *student services and amenities fee imposed by a higher education provider is taken to be remitted if, under section 1285, the provider must repay the Commonwealth the amount the Commonwealth paid the provider in relation to the fee.

13718  VET FEEHELP debts

Incurring VET FEEHELP debts

 (1) A person incurs a debt to the Commonwealth if, under clause 55 of Schedule 1A, the Commonwealth:

 (a) makes a loan to the person; and

 (b) uses the amount lent to make a payment in discharge of the person’s liability to pay his or her *VET tuition fee for a *VET unit of study.

The debt is a VET FEEHELP debt.

 (2) The amount of the *VET FEEHELP debt is:

 (a) 120% of the loan; or

 (b) if the *VET Guidelines specify a lesser percentage of the loan for the person—that lesser percentage of the loan.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

When VET FEEHELP debts are incurred

 (3) A *VET FEEHELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person’s *VET tuition fee for the unit.

Remission of VET FEEHELP debts

 (4) A person’s *VET FEEHELP debt in relation to a *VET unit of study is taken to be remitted if the person’s *HELP balance is recredited under clause 46, 46A, 46AA, 47 or 51 of Schedule 1A in relation to the unit.

Note: The debt is taken to be remitted even if the person’s HELP balance is not increased by an amount equal to the amount recredited.

 (5) A person’s *VET FEEHELP debt in relation to a *VET unit of study is taken to be remitted to the extent that the person’s *HELP balance is recredited under clause 46B of Schedule 1A in relation to the unit.

13719  Pre1 July 2019 VSL debts

 (1) A debt incurred under this section as in force at any time before 1 July 2019 is a pre1 July 2019 VSL debt.

 (4) A person’s *pre1 July 2019 VSL debt, in relation to a loan amount (within the meaning of this section as in force at the time the debt was incurred), is taken to be remitted if the person’s *HELP balance is recredited under Part 6 of the VET Student Loans Act 2016 in relation to the loan amount.

Note: The person’s HELP balance may also be recredited under section 12825 of this Act (recrediting on discharge of HELP debt etc.), but in those circumstances there is no related remission of debt under this subsection.

13720  HELP debt discharged by death

  Upon the death of a person who owes a *HELP debt to the Commonwealth, the debt is taken to have been paid.

Note: HELP debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act 1966.

Division 140How are accumulated HELP debts worked out?

Subdivision 140AOutline of this Division

1401  Outline of this Division

 (1) There are 2 stages to working out a person’s *accumulated HELP debt for a financial year.

Stage 1—Former accumulated HELP debt

 (2) The *former accumulated HELP debt is worked out by adjusting the preceding financial year’s *accumulated HELP debt to take account of:

 (a) changes in the Consumer Price Index; and

 (b) the *HELP debts that he or she incurs during the last 6 months of the preceding financial year; and

 (c) *voluntary repayments of the debt; and

 (d) *compulsory repayment amounts in respect of the debt.

(See Subdivision 140B.)

Stage 2—Accumulated HELP debt

 (3) The person’s *accumulated HELP debt is worked out from:

 (a) his or her *former accumulated HELP debt; and

 (b) the *HELP debts that he or she incurs during the first 6 months of the financial year; and

 (c) *voluntary repayments of those debts; and

 (d) reductions of those debts under section 14215.

(See Subdivision 140C.)

Note: Incurring that financial year’s accumulated HELP debt discharges the previous accumulated HELP debt and HELP debts under this Part: see section 14035.

Subdivision 140BFormer accumulated HELP debts

1405  Working out a former accumulated HELP debt

 (1) A person’s former accumulated HELP debt, in relation to the person’s *accumulated HELP debt for a financial year, is worked out by multiplying:

 (a) the amount worked out using the following method statement; by

 (b) the *HELP debt indexation factor for the person for 1 June in that financial year.

Method statement

Step 1. Take the person’s *accumulated HELP debt for the immediately preceding financial year. (This amount is taken to be zero if the person has no accumulated HELP debt for that financial year.)

Step 2. Take the HELP debts (if any) that the person incurred during the last 6 months of the immediately preceding financial year. Group them according to whether the debts are in relation to:

 (a) units undertaken with a higher education provider that formed part of one particular *course of study with that provider; or

 (b) units undertaken with a higher education provider that formed part of one particular course of study with another higher education provider; or

 (c) units that formed part of one particular *bridging course for overseastrained professionals; or

 (d) units access to which was provided by *Open Universities Australia; or

 (e) *OSHELP assistance, the entitlement to which relates to the person’s enrolment in a *course of study with one particular higher education provider (see paragraph 1181(1)(c)); or

 (ea) *SAHELP assistance for *student services and amenities fees imposed on the person by one particular higher education provider; or

 (f) units undertaken with a *VET provider that formed part of one particular *VET course of study with that provider; or

 (g) units undertaken with a VET provider that formed part of one particular VET course of study with another VET provider; or

 (h) a *VET student loan in relation to one particular course of study.

 Note: There will be more than one group of debts under paragraph (a) if the person incurred debts in relation to more than one course of study with a provider. Similarly, there could be more than one group of debts under paragraph (b), (c), (e), (ea), (f), (g) or (h).

Step 2A. Work out the total for each group of debts. If the total for a particular group is an amount consisting of a number of whole dollars and a number of cents, the total for that group is taken to be the number of whole dollars. If the total for a group is an amount of less than one dollar, the total for the group is taken to be zero.

Step 2B. If there is more than one group of debts for the person, add together the totals for all of the groups.

Step 3. Subtract the sum of the amounts by which the person’s debts referred to above are reduced because of any *voluntary repayments that have been made during the period:

 (a) starting on 1 June in the immediately preceding financial year; and

 (b) ending immediately before the next 1 June.

Step 4. Subtract the sum of all of the person’s *compulsory repayment amounts that:

 (a) were assessed during that period (excluding any assessed as a result of a *return given before that period); or

 (b) were assessed after the end of that period as a result of a return given before the end of that period.

Step 5. Subtract the sum of the amounts by which any *compulsory repayment amount of the person is increased (whether as a result of an increase in the person’s *taxable income of an *income year or otherwise) by an amendment of an assessment made during that period.

Step 6. Add the sum of the amounts by which any *compulsory repayment amount of the person is reduced (whether as a result of a reduction in the person’s *taxable income of an *income year or otherwise) by an amendment of an assessment made during that period.

Example: Lorraine is studying parttime for a Degree of Bachelor of Communications. On 1 June 2013, Lorraine had an accumulated HELP debt of $15,000. She incurred a HELP debt of $1,500 on 31 March 2013. She made a voluntary repayment of $525 on 1 May 2014. Lorraine lodged her 201213 income tax return and a compulsory repayment amount of $3,000 was assessed and notified on her income tax notice of assessment on 3 September 2013.

 To work out Lorraine’s former accumulated HELP debt before indexation on 1 June 2014:

Step 1: Take the previous accumulated HELP debt of $15,000 on 1 June 2013.

Step 2: Add the HELP debt of $1,500 incurred on 31 March 2013.

Step 3: Subtract the $525 voluntary repayment made on 1 May 2014.

Step 4: Subtract the $3,000 compulsory repayment assessed on 3 September 2013.

Steps 5 and 6: Do not apply because since 1 June 2013 Lorraine had no amendments to any assessment.

 Lorraine’s former accumulated HELP debt before indexation on 1 June 2014 is:

 

 If, for example, the indexation factor for 1 June 2014 were 1.030, then the former accumulated HELP debt would be:

 

 (2) For the purposes of this section, an assessment, or an amendment of an assessment, is taken to have been made on the day specified in the notice of assessment, or notice of amended assessment, as the date of issue of that notice.

14010  HELP debt indexation factor

 (1) The HELP debt indexation factor for a person for 1 June in a financial year is the number (rounded to 3 decimal places):

 (a) if the *Secretary has determined, under section 14210, that the indexation of the person’s *accumulated HELP debt for the financial year is to be reduced—worked out using the formula in subsection (1A); and

 (b) in any other case—worked out as follows:

Method statement

Step 1. Add:

 (a) the *index number for the *quarter ending on 31 March in that financial year; and

 (b) the index numbers for the 3 quarters that immediately preceded that quarter.

Step 2. Add:

 (a) the *index number for the *quarter ending on 31 March in the immediately preceding financial year; and

 (b) the index numbers for the 3 quarters that immediately preceded that quarter.

Step 3. The HELP debt indexation factor for 1 June in the financial year is the amount under step 1 divided by the amount under step 2.

 (1A) For the purposes of paragraph (1)(a), the formula to work out the *HELP debt indexation factor for the person is:

where:

A means the *HELP debt indexation factor for 1 June in the financial year worked out using the method statement in subsection (1).

B means the number of days in the applicable calendar year determined for the person by the *Secretary under subsection 14210(2).

 (2) For the purposes of rounding a *HELP debt indexation factor, the third decimal place is rounded up if, apart from the rounding:

 (a) the factor would have 4 or more decimal places; and

 (b) the fourth decimal place would be a number greater than 4.

14020  Publishing HELP debt indexation factors

  The *Commissioner must cause to be published before 1 June in each financial year the *HELP debt indexation factor worked out using the method statement in subsection 14010(1) for that 1 June.

Subdivision 140CAccumulated HELP debts

14025  Working out an accumulated HELP debt

 (1) A person’s accumulated HELP debt, for a financial year, is worked out as follows:

where:

former accumulated HELP debt is the person’s *former accumulated HELP debt in relation to that *accumulated HELP debt.

HELP debt repayments is the sum of all of the *voluntary repayments (if any) paid, on or after 1 July in the financial year and before 1 June in that year, in reduction of the *HELP debts incurred in that year.

HELP debts incurred means the amount worked out using the method statement in subsection (1A).

very remote HELP debtor reduction means the amount by which the person’s *accumulated HELP debt is to be reduced as a result of a determination made by the *Secretary in relation to the person under section 14215:

 (a) on or after 1 June in the preceding financial year; and

 (b) before 1 June in the financial year.

Example: Paula is studying parttime for a Degree of Bachelor of Science. On 1 June 2009, her former accumulated HELP debt was worked out using Subdivision 140B to be $20,000. She incurred a HELP debt of $1,500 on 31 August 2008. No repayments have been made in the 12 months from 1 June 2008.

 Paula’s accumulated HELP debt on 1 June 2009 is worked out by taking her former accumulated HELP debt of $20,000 and adding the $1,500 HELP debt incurred on 31 August 2008. That is:

 

 (1A) For the purposes of the definition of HELP debts incurred in subsection (1), use the following method statement:

Step 1. Take the HELP debts (if any) that the person incurred during the first 6 months of the financial year. Group them according to whether the debts are in relation to:

 (a) units undertaken with a higher education provider that formed part of one particular *course of study with that provider; or

 (b) units undertaken with a higher education provider that formed part of one particular course of study with another higher education provider; or

 (c) units that formed part of one particular *bridging course for overseastrained professionals; or

 (d) units access to which was provided by *Open Universities Australia; or

 (e) *OSHELP assistance, the entitlement to which relates to the person’s enrolment in a *course of study with one particular higher education provider (see paragraph 1181(1)(c)); or

 (ea) *SAHELP assistance for *student services and amenities fees imposed on the person by one particular higher education provider; or

 (f) units undertaken with a *VET provider that formed part of one particular *VET course of study with that provider; or

 (g) units undertaken with a VET provider that formed part of one particular VET course of study with another VET provider; or

 (h) a *VET student loan in relation to one particular course of study.

 Note: There will be more than one group of debts under paragraph (a) if the person incurred debts in relation to more than one course of study with a provider. Similarly, there could be more than one group of debts under paragraph (b), (c), (e), (ea), (f), (g) or (h).

Step 2. Work out the total for each group of debts. If the total for a particular group is an amount consisting of a number of whole dollars and a number of cents, the total for that group is taken to be the number of whole dollars. If the total for a group is an amount of less than one dollar, the total for the group is taken to be zero.

Step 3. If there is more than one group of debts for the person, add together the totals for all of the groups.

 (2) The person incurs the *accumulated HELP debt on 1 June in the financial year.

 (3) The first financial year for which a person can have an *accumulated HELP debt is the financial year starting on 1 July 2005.

14030  Rounding of amounts

 (1) If, apart from this section, a person’s *accumulated HELP debt would be an amount consisting of a number of whole dollars and a number of cents, disregard the number of cents.

 (2) If, apart from this section, a person’s *accumulated HELP debt would be an amount of less than one dollar, the person’s accumulated HELP debt is taken to be zero.

14035  Accumulated HELP debt discharges earlier debts

 (1) The *accumulated HELP debt that a person incurs on 1 June in a financial year discharges, or discharges the unpaid part of:

 (a) any *HELP debt that the person incurred during the calendar year immediately preceding that day; and

 (b) any accumulated HELP debt that the person incurred on the immediately preceding 1 June.

 (2) Nothing in subsection (1) affects the application of Division 137, Subdivision 140B or section 14025.

14040  Accumulated HELP debt discharged by death

 (1) Upon the death of a person who has an *accumulated HELP debt, the accumulated HELP debt is taken to be discharged.

 (2) To avoid doubt, this section does not affect any *compulsory repayment amounts required to be paid in respect of the *accumulated HELP debt, whether or not those amounts were assessed before the person’s death.

Note: Accumulated HELP debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act 1966.

Division 142Special measures for very remote HELP debtors

1421  Meaning of very remote HELP debtor

 (1) A person is a very remote HELP debtor on a day if:

 (a) the person carries out work as a teacher on that day at a school located in an area that is classified as very remote Australia under the *ABS Remoteness Structure; and

 (b) the person has completed a *course of study in education; and

 (c) the person incurred a *HECSHELP debt or a *FEEHELP debt in relation to that course of study.

 (2) For the purposes of paragraph (1)(a), a school is any of the following:

 (a) an approved child care service (within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999) that is a centrebased day care service;

 (b) a preschool;

 (c) a school providing primary or secondary education.

 (3) For the purposes of this Division, the Very Remote HELP Debtor Guidelines may set out:

 (a) circumstances in which a person is taken, or is taken not, to carry out work as a teacher on a day; or

 (b) circumstances in which a person is taken, or is taken not, to carry out such work at a school located in an area that is classified as very remote Australia under the *ABS Remoteness Structure; or

 (c) circumstances in which a person is taken, or is taken not, to be a *very remote HELP debtor for particular periods.

1425  Meaning of course of study in education

 (1) Subject to subsection (2), a course of study in education means a *course of study, completion of which would satisfy the minimum academic requirements for registration as a teacher by an authority of a State or Territory.

 (2) The Very Remote HELP Debtor Guidelines may specify *courses of study that are, or are not, *courses of study in education.

14210  Reducing indexation of accumulated HELP debts

 (1) The *Secretary must, on the application of a person under subsection (4), determine that the indexation of the person’s *accumulated HELP debt for a financial year is to be reduced if:

 (a) on 1 June of the financial year in which the application is made, the person has an *accumulated HELP debt; and

 (b) the Secretary is satisfied that the person:

 (i) was a *very remote HELP debtor at any time during the calendar year (the applicable calendar year) ending on 31 December in the financial year; and

 (ii) has met such other requirements (if any) as are specified in the Very Remote HELP Debtor Guidelines for the purposes of this subparagraph.

 (2) If the *Secretary determines that the indexation of the person’s *accumulated HELP debt for a financial year is to be reduced, the Secretary must determine the number of days in the applicable calendar year in respect of which the person was a *very remote HELP debtor.

 (3) The *Secretary must, within 28 days after the day the Secretary receives the application under subsection (4), give notice to the person of the Secretary’s decision on that application. The notice must:

 (a) be in writing; and

 (b) if the Secretary determines that the indexation of the person’s accumulated HELP debt for a financial year is to be reduced—state the number of days determined by the Secretary under subsection (2).

Note: The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within 28 days: see section 2065.

 (4) A person may apply to the *Secretary for a determination under subsection (1) that the indexation of the person’s *accumulated HELP debt for a financial year be reduced. The application must:

 (a) be in writing; and

 (b) be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and

 (c) include the person’s *tax file number; and

 (d) meet any requirements specified by the Very Remote HELP Debtor Guidelines for the purposes of this paragraph.

14215  Reducing accumulated HELP debts

 (1) The *Secretary must, on the application of a person under subsection (5), determine that the person’s *accumulated HELP debt is to be reduced in relation to a *course of study in education by a specified amount if:

 (a) the Secretary is satisfied that the person:

 (i) has been a *very remote HELP debtor for a period of 4 years, or for periods within a continuous 6 year period that total 4 years; and

 (ii) has met such other requirements (if any) as are specified in those Guidelines for the purposes of this subparagraph; and

 (b) the Secretary has not previously determined under this section that the person’s accumulated HELP debt is to be reduced in relation to a course of study in education.

 (2) If the *Secretary determines that a person’s *accumulated HELP debt is to be reduced, the amount by which that debt is reduced is the amount equal to the lesser of the following:

 (a) the sum of the amounts of *HECSHELP debt and *FEEHELP debt incurred by the person in respect of units of study:

 (i) with a total *EFTSL value of not more than 5.0 *EFTSL; and

 (ii) undertaken as part of the *course of study in education mentioned in subsection (1);

 (b) the amount of the person’s accumulated HELP debt at the start of the period of 4 years, or at the start of the first period of the periods totalling 4 years, referred to in subparagraph (1)(a)(i).

 (3) To avoid doubt, subsection (2) may have the effect of reducing a person’s *accumulated HELP debt for a financial year to less than zero.

 (4) The *Secretary must, within 28 days after the day the Secretary receives an application under subsection (5), notify the person of the Secretary’s decision on that application. The notice must:

 (a) be in writing; and

 (b) if the Secretary has determined that the person’s *accumulated HELP debt is to be reduced—state the amount by which that debt is to be reduced.

Note: The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within 28 days: see section 2065.

 (5) A person may apply to the *Secretary for a determination under subsection (1) that the person’s *accumulated HELP debt be reduced. The application must:

 (a) be in writing; and

 (b) be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and

 (c) include the person’s *tax file number; and

 (d) meet any requirements specified by the Very Remote HELP Debtor Guidelines for the purposes of this paragraph.

14220  Refunding amounts

  If:

 (a) the *Secretary has determined, for the purposes of section 14215, that a person’s *accumulated HELP debt is to be reduced by an amount; and

 (b) the amount exceeds the sum of:

 (i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and

 (ii) the total amount of the person’s primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);

the Commonwealth must refund to the person an amount equal to that excess.

Part 42Discharge of indebtedness

Division 148Introduction

1481  What this Part is about

A person who owes a debt to the Commonwealth under this Chapter may make voluntary repayments.

The person is required to make repayments, of amounts based on his or her income, if that income is above a particular amount. The Commissioner of Taxation makes assessments of repayment amounts, which are collected in the same way as amounts of income tax.

1483  The Overseas Debtors Repayment Guidelines

  Repayments by *foreign residents are also dealt with in the Overseas Debtors Repayment Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The Overseas Debtors Repayment Guidelines are made by the Minister under section 23810.

Division 151How is indebtedness voluntarily discharged?

1511  Voluntary repayments in respect of debts

 (1) A person may at any time make a payment in respect of a debt that the person owes to the Commonwealth under this Chapter.

 (2) The payment must be made to the *Commissioner.

15110  Application of voluntary repayments

 (1) Any money a person pays under this Division to meet the person’s debts to the Commonwealth under this Chapter is to be applied in payment of those debts as the person directs at the time of the payment.

 (2) If the person has not given any directions, or the directions given do not adequately deal with the matter, any money available is to be applied as follows:

 (a) first, in discharge or reduction of any *accumulated HELP debt of the person;

 (b) secondly, in discharge or reduction of:

 (i) any *HELP debt of the person; or

 (ii) if there is more than one such debt, those debts in the order in which they were incurred.

15115  Refunding of payments

  If:

 (a) a person pays an amount to the Commonwealth under this Division; and

 (b) the amount exceeds the sum of:

 (i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and

 (ii) the total amount of the person’s primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);

the Commonwealth must refund to the person an amount equal to that excess.

Note: Interest is payable if the Commonwealth is late in paying refunds: see Part IIIA of the Taxation (Interest on Overpayments and Early Payments) Act 1983.

Division 154How is indebtedness compulsorily discharged?

Subdivision 154ALiability to repay amounts

1541  Liability to repay amounts

 (1) If:

 (a) a person’s *repayment income for an *income year exceeds the *minimum repayment income for the income year; and

 (b) on 1 June immediately preceding the making of an assessment in respect of the person’s income of that income year, the person had an *accumulated HELP debt;

the person is liable to pay to the Commonwealth, in accordance with this Division, the amount worked out under section 15420 in reduction of the person’s *repayable debt.

 (2) A person is not liable under this section to pay an amount for an *income year if, under section 8 of the Medicare Levy Act 1986:

 (a) no *Medicare levy is payable by the person on the person’s *taxable income for the income year; or

 (b) the amount of the Medicare levy payable by the person on the person’s taxable income for the income year is reduced.

1545  Repayment income

 (1) A person’s repayment income for an *income year is an amount equal to the sum of:

 (a) the person’s *taxable income for the income year, disregarding the person’s assessable FHSS released amount (within the meaning of the Income Tax Assessment Act 1997) for the income year; and

 (b) the person’s total net investment loss (within the meaning of the Income Tax Assessment Act 1997) for the income year; and

 (c) if the person:

 (i) is an employee (within the meaning of the Fringe Benefits Tax Assessment Act 1986); and

 (ii) has a reportable fringe benefits total (within the meaning of that Act) for the income year;

  the reportable fringe benefits total for the income year; and

 (d) the person’s *exempt foreign income for the income year; and

 (e) the person’s reportable superannuation contributions (within the meaning of the Income Tax Assessment Act 1997) for the income year.

 (4) The person’s exempt foreign income is the total amount (if any) by which the person’s income that is exempt from tax under section 23AF or 23AG of the Income Tax Assessment Act 1936 exceeds the total amount of losses and outgoings that the person incurs in deriving that exempt income.

 (5) For the purposes of subsection (4), disregard any capital losses and outgoings.

15410  Minimum repayment income

  The minimum repayment income for an *income year is:

 (a) for the 201920 income year—$45,880; or

 (b) for a later income year—that amount as indexed under section 15425.

15415  Repayable debt for an income year

 (1) A person’s repayable debt for an *income year is:

 (a) the person’s *accumulated HELP debt referred to in paragraph 1541(1)(b) in relation to that income year; or

 (b) if one or more amounts:

 (i) have been paid in reduction of that debt; or

 (ii) have been assessed under section 15435 to be payable in respect of that debt;

  the amount (if any) remaining after deducting from that debt the amount, or sum of the amounts, so paid or assessed to be payable.

 (2) A reference in paragraph (1)(b) to an amount assessed to be payable is, if the amount has been increased or reduced by an amendment of the relevant assessment, a reference to the increased amount or the reduced amount.

Subdivision 154AALiability of overseas debtors to repay amounts

15416  Liability of overseas debtors to repay amounts

  If:

 (a) a person is a *foreign resident during an *income year; and

 (b) the person’s *assessed worldwide income for the income year exceeds the *minimum repayment income for the income year; and

 (c) on 1 June immediately preceding the making of an assessment in respect of the person’s income of that income year, the person had an *accumulated HELP debt;

the person is liable to pay to the Commonwealth, in accordance with this Division, a levy of the amount worked out under section 15432.

Note: An amount a person is liable to pay under this section is imposed as a levy under the Student Loans (Overseas Debtors Repayment Levy) Act 2015.

15417  Assessed worldwide income

 (1) A person’s assessed worldwide income for an *income year is an amount equal to the sum of:

 (a) the person’s *repayment income for the income year; and

 (b) the person’s foreignsourced income for the income year, converted into Australian currency.

 (2) The Overseas Debtors Repayment Guidelines may provide for how to work out a person’s foreignsourced income for an *income year, including how to convert it into Australian currency.

 (3) Without limiting subsection (2), the Overseas Debtors Repayment Guidelines may provide for a person’s foreignsourced income for an income year to be worked out in relation to a period that does not correspond to that *income year.

15418  Notices to be given to the Commissioner

Notice relating to leaving Australia

 (1) A person who:

 (a) has an *accumulated HELP debt or otherwise has a *HELP debt that has not yet been discharged; and

 (b) leaves Australia (other than in circumstances specified in the Overseas Debtors Repayment Guidelines) with the intention of remaining outside Australia for at least 183 days;

must, no later than 7 days after leaving Australia, give a notice to the *Commissioner in the *approved form.

Notice relating to absence from Australia

 (2) A person who:

 (a) has an *accumulated HELP debt or otherwise has a *HELP debt that has not yet been discharged; and

 (b) has been outside Australia for at least 183 days (other than in circumstances specified in the Overseas Debtors Repayment Guidelines) in any 12 month period; and

 (c) was not required under subsection (1) to give a notice to the *Commissioner in connection with that absence from Australia;

must, no later than 7 days after the end of those 183 days, give a notice to the Commissioner in the *approved form.

Notice relating to income (including foreignsourced income)

 (3) A person who:

 (a) is a *foreign resident; and

 (b) on 1 June immediately preceding an *income year, had an *accumulated HELP debt;

must (other than in circumstances specified in the Overseas Debtors Repayment Guidelines) give to the *Commissioner, in the *approved form, a notice relating to the person’s income (including foreignsourced income) for the income year. The notice must be given within the period specified in the form.

Note: The Commissioner may defer the time for giving the return: see section 38855 in Schedule 1 to the Taxation Administration Act 1953.

Content of notices under this section

 (4) The Overseas Debtors Repayment Guidelines may provide for the content of notices under this section.

Subdivision 154BAmounts payable to the Commonwealth

15420  Amounts payable to the Commonwealth

  The amount that a person is liable to pay under section 1541, in respect of an *income year, is an amount equal to so much of the person’s *repayable debt for the income year as does not exceed the percentage of the person’s *repayment income that is applicable under the following table:

 

Applicable percentages

Item

If the person’s repayment income is:

The percentage applicable is:

1

More than the *minimum repayment income, but less than:

(a) for the 201920 *income year—$52,974; or

(b) for a later income year—that amount indexed under section 15425.

1%

2

More than or equal to the amount under item 1, but less than:

(a) for the 201920 *income year—$56,152; or

(b) for a later income year—that amount indexed under section 15425.

2%

3

More than or equal to the amount under item 2, but less than:

(a) for the 201920 *income year—$59,522; or

(b) for a later income year—that amount indexed under section 15425.

2.5%

4

More than or equal to the amount under item 3, but less than:

(a) for the 201920 *income year—$63,093; or

(b) for a later income year—that amount indexed under section 15425.

3%

5

More than or equal to the amount under item 4, but less than:

(a) for the 201920 *income year—$66,878; or

(b) for a later income year—that amount indexed under section 15425.

3.5%

6

More than or equal to the amount under item 5, but less than:

(a) for the 201920 *income year—$70,891; or

(b) for a later income year—that amount indexed under section 15425.

4%

7

More than or equal to the amount under item 6, but less than:

(a) for the 201920 *income year—$75,145; or

(b) for a later income year—that amount indexed under section 15425.

4.5%

8

More than or equal to the amount under item 7, but less than:

(a) for the 201920 *income year—$79,653; or

(b) for a later income year—that amount indexed under section 15425.

5%

9

More than or equal to the amount under item 8, but less than:

(a) for the 201920 *income year—$84,433; or

(b) for a later income year—that amount indexed under section 15425.

5.5%

10

More than or equal to the amount under item 9, but less than:

(a) for the 201920 *income year—$89,499; or

(b) for a later income year—that amount indexed under section 15425.

6%

11

More than or equal to the amount under item 10, but less than:

(a) for the 201920 *income year—$94,869; or

(b) for a later income year—that amount indexed under section 15425.

6.5%

12

More than or equal to the amount under item 11, but less than:

(a) for the 201920 *income year—$100,561; or

(b) for a later income year—that amount indexed under section 15425.

7%

13

More than or equal to the amount under item 12, but less than:

(a) for the 201920 *income year—$106,594; or

(b) for a later income year—that amount indexed under section 15425.

7.5%

14

More than or equal to the amount under item 13, but less than:

(a) for the 201920 *income year—$112,990; or

(b) for a later income year—that amount indexed under section 15425.

8%

15

More than or equal to the amount under item 14, but less than:

(a) for the 201920 *income year—$119,770; or

(b) for a later income year—that amount indexed under section 15425.

8.5%

16

More than or equal to the amount under item 15, but less than:

(a) for the 201920 *income year—$126,956; or

(b) for a later income year—that amount indexed under section 15425.

9%

17

More than or equal to the amount under item 16, but less than:

(a) for the 201920 *income year—$134,573; or

(b) for a later income year—that amount indexed under section 15425.

9.5%

18

More than or equal to the amount under item 17.

10%

15425  Indexation

 (1) The following amounts for the 202021 *income year, or a later income year:

 (a) the *minimum repayment income;

 (b) the amounts referred to in paragraph (a) of the second column of items 1 to 17 of the table in section 15420;

are indexed by multiplying the corresponding amounts for the 201920 income year by the amount worked out using the formula:

 (4) If an amount worked out under this section is an amount made up of dollars and cents, round the amount down to the nearest dollar.

15430  Publishing indexed amounts

  The Minister must cause to be published in the Gazette, before the start of the 201920 *income year or a later income year:

 (a) the *minimum repayment income; and

 (b) the amounts referred to in paragraph (b) of the second column of items 1 to 17 of the table in section 15420;

for that income year.

15432  Amounts payable to the Commonwealth by overseas debtors

  The amount of levy that a person is liable to pay under section 15416, in respect of an *income year, is an amount equal to the difference between:

 (a) the amount that the person would have been liable to pay under section 1541 if:

 (i) the person had a *repayment income for the income year of an amount equal to the person’s *assessed worldwide income for the income year; and

 (ii) subsection 1541(2) did not apply to the person; and

 (b) the amount (if any) the person is liable to pay under section 1541, in respect of the income year.

Subdivision 154CAssessments

15435  Commissioner may make assessments

  The *Commissioner may, from any information in the Commissioner’s possession, whether from a *return or otherwise, make an assessment of:

 (a) the person’s *accumulated HELP debt on 1 June immediately before the making of the assessment; and

 (b) the amount required to be paid in respect of that debt under section 1541 or 15416.

15440  Notification of notices of assessment of tax

  If:

 (a) the *Commissioner is required to serve on a person a notice of assessment in respect of the person’s income of an *income year under section 174 of the Income Tax Assessment Act 1936; and

 (b) the Commissioner has made, in respect of the person, an assessment under section 15435 of this Act of the amounts referred to in that section; and

 (c) notice of the assessment under that section has not been served on the person;

notice of the assessment under that section may be served by specifying the amounts concerned in the notice referred to in paragraph (a).

15445  Commissioner may defer making assessments

 (1) A person may apply in the *approved form to the *Commissioner for deferral of the making of an assessment in respect of the person under section 15435.

 (2) The application must specify:

 (a) the *income year for which the deferral is being sought; and

 (b) the reasons for seeking the deferral.

 (3) The *income year specified in the application must be:

 (a) the income year in which the person makes the application; or

 (b) the immediately preceding income year; or

 (c) the immediately succeeding income year.

 (4) The *Commissioner may, on application by a person under this section, defer making an assessment in respect of the person under section 15435 if the Commissioner is of the opinion that:

 (a) if the assessment were made, payment of the assessed amount would cause serious hardship to the person; or

 (b) there are other special reasons that make it fair and reasonable to defer making the assessment.

 (5) The *Commissioner may defer making the assessment for any period that he or she thinks appropriate.

 (6) The *Commissioner must, as soon as practicable after an application is made under this section:

 (a) consider the matter to which the application relates; and

 (b) notify the applicant of the Commissioner’s decision on the application.

Note: Deferrals of making assessments, or refusals of applications, are reviewable under Part 57.

15450  Commissioner may amend assessments

 (1) A person may apply in the *approved form to the *Commissioner for an amendment of an assessment made in respect of the person under section 15435 so that:

 (a) the amount payable under the assessment is reduced; or

 (b) no amount is payable under the assessment.

 (2) The application:

 (a) must be made within 2 years after the day on which the *Commissioner gives notice of the assessment to the person; or

 (b) must specify the reasons justifying a later application.

 (3) The *Commissioner may, on application by a person under this section, amend an assessment made in respect of the person under section 15435 so that:

 (a) the amount payable under the assessment is reduced; or

 (b) no amount is payable under the assessment;

if the Commissioner is of the opinion that:

 (c) payment of the assessed amount has caused or would cause serious hardship to the person; or

 (d) there are other special reasons that make it fair and reasonable to make the amendment.

 (4) The *Commissioner must, as soon as practicable after an application is made under this section:

 (a) consider the matter to which the application relates; and

 (b) notify the applicant of the Commissioner’s decision on the application.

Note: Amendments of assessments, or refusals of applications, are reviewable under Part 57.

15455  Higher education providers etc. to provide information to Commissioner

 (1) A higher education provider must give to the *Commissioner, if asked by the Commissioner to do so, any information:

 (a) that is in its possession relating to students who have applied for one or more of the following:

 (i) *HECSHELP assistance or *FEEHELP assistance for a unit of study;

 (ii) *OSHELP assistance in relation to a period of 6 months;

 (iii) *SAHELP assistance for a *student services and amenities fee for a period; and

 (b) that the Commissioner reasonably requires for the purposes of this Chapter.

 (2) *Open Universities Australia must give to the *Commissioner, if asked by the Commissioner to do so, any information:

 (a) that is in its possession relating to students who have applied for *FEEHELP assistance for a unit of study; and

 (b) that the Commissioner reasonably requires for the purposes of this Chapter.

Subdivision 154DApplication of tax legislation

15460  Returns, assessments, collection and recovery

  Subject to this Part:

 (a) Part IV of the Income Tax Assessment Act 1936; and

 (aa) Division 5 of the Income Tax Assessment Act 1997; and

 (b) Part 415 in Schedule 1 to the Taxation Administration Act 1953;

apply, so far as they are capable of application, in relation to a *compulsory repayment amount of a person as if it were *income tax assessed to be payable by a taxpayer by an assessment made under Part IV of the Income Tax Assessment Act 1936.

15465  Charges and civil penalties for failing to meet obligations

 (1) Part 425 in Schedule 1 to the Taxation Administration Act 1953 has effect as if:

 (a) any *compulsory repayment amount of a person were *income tax payable by the person in respect of the *income year in respect of which the assessment of that debt was made; and

 (b) this Chapter, and Part 55, were *income tax laws.

 (2) Subsection (1) does not have the effect of making a person liable to a penalty for any act or omission that happened before the commencement of this subsection.

15470  Pay as you go (PAYG) withholding

  Part 25 (other than section 1255 and Subdivisions 12E, 12F and 12G) in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of amounts of a *compulsory repayment amount of a person as if the compulsory repayment amount were *income tax.

15480  Pay as you go (PAYG) instalments

  Division 45 in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of a *compulsory repayment amount of a person as if the compulsory repayment amount were *income tax.

15490  Failures to comply with section 15418

  Part III of the Taxation Administration Act 1953 applies in relation to a failure to comply with section 15418 of this Act as if that section were a taxation law (within the meaning of section 2 of that Act).

Chapter 5Administration

 

Division 159Introduction

1591  What this Chapter is about

This Chapter deals with the following administrative matters:

 payments made by the Commonwealth under this Act (see Part 51);

 tuition protection (see Part 51A);

 the HELP Tuition Protection Fund, the HELP Tuition Protection Director and the HELP Tuition Protection Fund Advisory Board (see Part 51B);

 administrative requirements that are imposed on higher education providers (see Part 52);

 electronic communication between higher education providers and students (see Part 53);

 management of information (see Part 54);

 tax file numbers of students (see Part 55);

 indexation of certain amounts (see Part 56);

 reconsideration and administrative review of certain decisions (see Part 57);

 the application of the Regulatory Powers Act, including in relation to monitoring and investigation powers, civil penalties, infringement notices, enforceable undertakings and injunctions (see Part 58).

1595  The Administration Guidelines

  Administrative matters are also dealt with in the Administration Guidelines. The provisions of this Chapter may indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The Administration Guidelines are made by the Minister under section 23810.

Part 51Payments by the Commonwealth

Division 164Payments by the Commonwealth

1641  What this Part is about

This Part contains general provisions relating to how the Commonwealth makes payments under this Act.

1645  Time and manner of payments

 (1) Amounts payable by the Commonwealth to a higher education provider or other body under this Act are to be paid in such a way, including payment in instalments, as the Minister determines.

 (2) Payments of amounts payable by the Commonwealth to a higher education provider or other body under this Act are to be made at such times as the *Secretary determines.

16410  Advances

 (1) The *Secretary may determine that an advance is to be made to a higher education provider or other body on account of an amount that is expected to become payable under a provision of this Act to the provider or other body.

 (1AA) The *Secretary may vary or revoke a determination made under subsection (1).

 (1A) If the advance exceeds the amount that becomes payable, an amount equal to the excess may be:

 (a) deducted from any amount that is payable, or to be paid, to the provider or body under this Act; or

 (b) recovered by the Commonwealth from the provider or body as a debt due to the Commonwealth.

 (1B) If the provider or other body uses the advance for a purpose other than that for which it was given, an amount equal to the advance may be:

 (a) deducted from any amount that is payable, or to be paid, to the provider or body under this Act; or

 (b) recovered by the Commonwealth from the provider or body as a debt due to the Commonwealth.

 (2) The conditions that would be applicable to a payment of the amount on account of which the advance is made are applicable to the advance.

 (3) This section does not affect the Minister’s power to determine under section 3340 that an advance is payable to a higher education provider.

16415  Overpayments of Commonwealth grants

  An overpayment of an amount made to a higher education provider or other body under Part 22, 22A, 23 or 24 may, in whole or part, be:

 (a) deducted from any amount that is payable, or to be paid, to that provider or body under Part 22, 22A, 23 or 24; or

 (b) recovered by the Commonwealth from that provider or body as a debt due to the Commonwealth.

16417  Overpayments of Commonwealth scholarships to students

  An overpayment of an amount paid, or purportedly paid, to a person by way of a *Commonwealth scholarship under section 4613 may, in whole or part, be:

 (a) deducted from any amount that is payable, or to be paid, to that person under that section; or

 (b) recovered by the Commonwealth from that person as a debt due to the Commonwealth.

16418  Repayment of Commonwealth scholarships paid to students—breach of condition

 (1) This section applies if:

 (a) an amount is paid to a person by way of a *Commonwealth scholarship under section 4613; and

 (b) the person breaches a condition of the Commonwealth scholarship.

 (2) The amount may, in whole or part, be:

 (a) deducted from any amount that is payable, or to be paid, to that person under that section; or

 (b) recovered by the Commonwealth from that person as a debt due to the Commonwealth.

16420  Rounding of amounts

  If an amount payable by the Commonwealth under this Act is an amount made up of dollars and cents, round the amount down to the nearest dollar.

Part 51ATuition protection

Division 1Preliminary

1661  What this Part is about

Certain higher education providers who default in delivering a unit of study to students receiving or entitled to FEEHELP assistance or HECSHELP assistance for the unit must give information about the default to the HELP Tuition Protection Director and to affected students.

The HELP Tuition Protection Director must assist affected students to find replacement courses. If the Director is not satisfied that there is a suitable replacement course for an affected student, or if the student elects recrediting, the student’s HELP balance is recredited.

1665  Application of this Part

 (1) This Part applies to higher education providers other than:

 (a) *Table A providers; or

 (b) providers of a kind prescribed by the Higher Education Provider Guidelines.

 (2) Despite subsection (1), the Minister may, by written notice, determine that this Part:

 (a) applies to a specified higher education provider; or

 (b) does not apply to a specified higher education provider.

 (3) A determination under subsection (2):

 (a) may be made either unconditionally or subject to conditions; and

 (b) may be expressed to be in force indefinitely or for a specified period.

 (4) A determination made under subsection (2) is not a legislative instrument.

 (5) Despite subsection (1), sections 16627 and 16630 apply to all higher education providers.

Note: Section 16627 deals with provider obligations to provide information about replacement courses and section 16630 deals with obligations of providers who provide replacement courses.

16610  When a higher education provider defaults in relation to a student

 (1) A higher education provider defaults in relation to a student if:

 (a) the provider fails to start to provide a unit of study to the student on the day on which the unit was scheduled to start; and

 (b) the student has not withdrawn before that day; and

 (c) the student was entitled, or would have been entitled, to *FEEHELP assistance or *HECSHELP assistance for the unit of study.

 (2) A higher education provider defaults in relation to a student if:

 (a) the provider ceases to provide a unit of study to the student on a day after the unit starts but before it is completed; and

 (b) the student has not withdrawn before that day; and

 (c) the student was entitled, or would have been entitled, to *FEEHELP assistance or *HECSHELP assistance for the unit of study.

 (3) A higher education provider defaults in relation to a student if circumstances prescribed by the Higher Education Provider Guidelines apply in relation to the provider and the student.

Division 2Obligations when a provider defaults in relation to a student

16615  Higher education providers must give notice of default to HELP Tuition Protection Director

Application of section

 (1) This section applies if a higher education provider *defaults in relation to a student.

Notifying the HELP Tuition Protection Director of default

 (2) The higher education provider must, within 24 hours of the *default occurring, give written notice to the *HELP Tuition Protection Director of the circumstances of the default.

Notifying the HELP Tuition Protection Director of details of default

 (3) The higher education provider must, within 3 business days of the *default occurring, give a written notice to the *HELP Tuition Protection Director specifying:

 (a) the following information in relation to each student in relation to whom the provider has defaulted:

 (i) the student’s full name and contact details;

 (ii) the units of study and the *course of study that the student was enrolled in at the time of the default;

 (iii) the amount of the tuition fees for each unit of study that the student was enrolled in at the time of the default;

 (iv) details about the payment of those tuition fees; and

 (b) any other matter prescribed by the Higher Education Provider Guidelines.

 (4) If requested in writing by the *HELP Tuition Protection Director, the higher education provider must give to the Director a copy of a student’s record of results for the *units of study that the student has completed.

Notice requirements

 (5) A notice given under subsection (2) or (3) must comply with any requirements prescribed by the Higher Education Provider Guidelines.

Civil penalty

 (6) A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.

Offence

 (7) A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.

16620  Higher education providers must give notice of default to affected students

Application of section

 (1) This section applies if a higher education provider *defaults in relation to a student.

Notifying students of default

 (2) The higher education provider must, within 24 hours of the *default occurring, give written notice of the default to the students in relation to whom the provider has defaulted.

Notice requirements

 (3) A notice given under subsection (2) must comply with any requirements prescribed by the Higher Education Provider Guidelines.

Civil penalty

 (4) A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.

Offence

 (5) A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.

16625  Student placement service

HELP Tuition Protection Director must decide

 (1) If a higher education provider *defaults in relation to a student, the *HELP Tuition Protection Director must decide:

 (a) that the Director is satisfied that there are one or more suitable *replacement courses for the student; or

 (b) that the Director is not satisfied that there is a suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course

 (2) In deciding whether the *HELP Tuition Protection Director is satisfied that there is a suitable *replacement course, the Director must have regard to the following matters:

 (a) whether the replacement course leads to the same or a comparable qualification as the *original course;

 (b) what course credits the student may receive for the units of study of the original course successfully completed by the student;

 (c) whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

 (d) the location where the replacement course for a student will be primarily delivered;

 (e) whether a student who enrols in the course:

 (i) will incur additional fees that are unreasonable; and

 (ii) will be able to attend the course without unreasonable impacts on the student’s prior commitments;

 (f) any other matters prescribed by the Higher Education Provider Guidelines.

Suitable replacement course available

 (3) If paragraph (1)(a) applies, the *HELP Tuition Protection Director must give a written notice to the student that includes the following:

 (a) a statement that the student may decide to do one of the following:

 (i) enrol in a suitable *replacement course;

 (ii) enrol in another course;

 (iii) elect to have an amount equal to the amounts of *FEEHELP assistance or *HECSHELP assistance that the student received for the *affected unit *recredited to the student’s *HELP balance;

 (b) a description of each suitable replacement course, including the qualification that the course leads to;

 (c) the contact details of the provider of each suitable replacement course;

 (d) an explanation that, if *tuition fees have been paid for the affected unit of the original course, tuition fees would not be payable for a *replacement unit of a suitable replacement course;

 (e) an explanation that if the student chooses to enrol in another course, there is no obligation on the provider of the other course to offer a replacement unit without charge to the student;

 (f) an explanation of the matters the Director must have regard to under subsection (2);

 (g) any other matters prescribed by the Higher Education Provider Guidelines.

No suitable replacement course available

 (4) If paragraph (1)(b) applies, the *HELP Tuition Protection Director must give a written notice to the student that includes the following:

 (a) an explanation of the matters the Director must have regard to under subsection (2);

 (b) an explanation of the student’s right to request reconsideration, under section 20910, of the Director’s decision within 28 days after the day on which the student is given the notice;

 (c) a statement that, to facilitate early recrediting, the student may, at any time during the 28 days, give the Director notice in writing that the student will not seek reconsideration of the decision;

 (d) a statement that, if the student does not apply for reconsideration, an amount equal to the amounts of *FEEHELP assistance or *HECSHELP assistance that the student received for the *affected unit will be *recredited to the student’s *HELP balance.

16627  Obligations of providers to provide information about replacement courses

 (1) The *HELP Tuition Protection Director may, by notice in writing, require a higher education provider to provide such information that the Director reasonably requires to enable the Director to make a decision under subsection 16625(1) regarding suitable *replacement courses for a student in relation to whom a provider has *defaulted.

 (2) The information must be provided:

 (a) in a form (if any) approved by the *HELP Tuition Protection Director for the information; and

 (b) in accordance with such other requirements as the Director makes.

Civil penalty

 (3) A higher education provider contravenes this subsection if:

 (a) the provider is given a notice under subsection (1); and

 (b) the provider fails to comply with the notice.

Civil penalty: 60 penalty units.

Offence

 (4) A higher education provider commits an offence of strict liability if:

 (a) the provider is given a notice under subsection (1); and

 (b) the provider fails to comply with the notice.

Penalty: 60 penalty units.

16630  Obligations of replacement providers

 (1) This section applies if a student accepts an offer of a place in a *replacement course.

 (2) The higher education provider who provides the *replacement course must give written notice of the acceptance to the *HELP Tuition Protection Director within 14 days of the acceptance.

 (3) The higher education provider who provides the *replacement course must ensure that the student:

 (a) is granted course credits for units of study of the *original course successfully completed by the student; or

 (b) if the student has been charged a *student contribution amount or a *tuition fee for an *affected unit—is not charged a student contribution amount or a tuition fee for a *replacement unit of the replacement course; and

 (c) is enrolled in the replacement course as soon as practicable.

Civil penalty

 (4) A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.

Offence

 (5) A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.

16632  Obligations of replacement providers regarding enrolment information

 (1) A higher education provider who provides a *replacement course to a student must keep up to date records of the following in relation to the student:

 (a) the student’s full name and contact details;

 (b) the name of the replacement course and the *units of study the student is currently enrolled in;

 (c) any *student contribution amounts or *tuition fees charged to the student for any units of the replacement course;

 (d) details of the units of study successfully completed by the student;

 (e) details of the course credits for units of study of the *original course successfully completed by the student granted to the student.

 (2) A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.

 (3) A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.

16635  Notification obligations where there is no replacement course or student elects recrediting

 (1) This section applies if:

 (a) a higher education provider *defaults in relation to a student; and

 (b) either:

 (i) the *HELP Tuition Protection Director decides, under paragraph 16625(1)(b), that the Director is not satisfied that there is a suitable *replacement course for the student; or

 (ii) the student elects, under subparagraph 16625(3)(a)(iii), to have an amount equal to the amounts of *FEEHELP assistance or *HECSHELP assistance that the student received for the *affected unit *recredited to the student’s *HELP balance.

 (2) The *HELP Tuition Protection Director must give a written notice to the *Secretary of that fact.

 (3) The *HELP Tuition Protection Director must give a written notice to the provider stating that an amount equal to the amounts of *FEEHELP assistance or *HECSHELP assistance that the student received for the *affected unit will be *recredited to the student’s *HELP balance.

Part 51BHELP Tuition Protection Fund, HELP Tuition Protection Director and HELP Tuition Protection Fund Advisory Board

Division 1HELP Tuition Protection Fund

1671  Name of Fund

 (1) The *HELP Tuition Protection Fund is established by this section.

 (2) The *HELP Tuition Protection Fund is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

1675  Credits to the HELP Tuition Protection Fund

  There must be credited to the *HELP Tuition Protection Fund amounts equal to the following:

 (a) each amount of *HELP tuition protection levy received from a higher education provider;

 (b) each amount paid by a higher education provider to the Commonwealth under paragraph 3624A(2)(b), or subsection 1105(1) because of recrediting under section 10442, if the balance of the Fund had previously been reduced under paragraph 16710(1)(f) in relation to that amount;

 (c) any other money appropriated by the Parliament for the purposes of the HELP Tuition Protection Fund;

 (d) any penalties for late payment of HELP tuition protection levy;

 (e) each amount received by the Commonwealth for the purposes of the HELP Tuition Protection Fund.

Note 1: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.

Note 2: HELP tuition protection levy is imposed by the Higher Education Support (HELP Tuition Protection Levy) Act 2020. The Higher Education Provider Guidelines deal with collection of the levy: see section 1966A.

16710  Purposes of the HELP Tuition Protection Fund

 (1) The purposes of the *HELP Tuition Protection Fund are as follows:

 (a) making payments in connection with tuition protection;

 (b) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the *HELP Tuition Protection Director’s functions, including in managing the HELP Tuition Protection Fund;

 (c) paying any remuneration and allowances payable to the HELP Tuition Protection Director;

 (d) paying any remuneration and allowances payable to the members of the *HELP Tuition Protection Fund Advisory Board;

 (e) paying any amount that is required or permitted to be repaid;

 (f) reducing the balance of the Fund (and therefore the available appropriation for the Fund) without making a real or notional payment.

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

 (2) The Higher Education Provider Guidelines may, for the purposes of paragraph (1)(a), make provision in relation to such payments, including in relation to the following:

 (a) the circumstances in which payments may be made;

 (b) amounts of different kinds of payments;

 (c) methods for calculating different kinds of payments.

Note: For example, the Higher Education Provider Guidelines may provide that a replacement provider may receive a transfer payment if a student accepts an offer of a replacement course with the provider.

 (3) The purposes in subsection (1) do not include paying or discharging any costs, expenses or other obligations associated with services provided to the *HELP Tuition Protection Director by any employee or officer of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013).

Division 2HELP Tuition Protection Director

16715  HELP Tuition Protection Director

 (1) There is to be a *HELP Tuition Protection Director.

 (2) The office of *HELP Tuition Protection Director is to be held by the person who holds the office of TPS Director under section 54A of the Education Services for Overseas Students Act 2000.

Note: The TPS Director also holds the office of VSL Tuition Protection Director under the VET Student Loans Act 2016.

 (3) The reference in subsection (2) to the person who holds the office of TPS Director includes a reference to a person acting in that office for the time being because of an appointment under section 54K of the Education Services for Overseas Students Act 2000.

16720  Functions of the HELP Tuition Protection Director

 (1) The *HELP Tuition Protection Director has the following functions:

 (a) facilitating and monitoring the placement of students in relation to whom a higher education provider has *defaulted;

 (b) paying amounts out of, or reducing the balance of, the *HELP Tuition Protection Fund under section 16710;

 (c) reporting to the Minister on:

 (i) the operation of Part 51A (tuition protection); and

 (ii) the financial status of the HELP Tuition Protection Fund;

 (d) managing the HELP Tuition Protection Fund in a way that ensures that it is able to meet all its liabilities from time to time (including entering into a loan agreement for the benefit of the HELP Tuition Protection Fund);

 (e) making the legislative instrument each year for the purposes of section 12 of the Higher Education Support (HELP Tuition Protection Levy) Act 2020;

 (f) recommending that the Secretary take action against a higher education provider that has defaulted in relation to a student;

 (g) any other function conferred by this Act or any other law of the Commonwealth;

 (h) any other function that is incidental or conducive to the performance of the above functions.

 (2) The *HELP Tuition Protection Director has power to do all things necessary or convenient to be done for, or in connection with, the performance of the Director’s functions.

16725  Administrative provisions relating to the HELP Tuition Protection Director

 (1) Each provision of the Education Services for Overseas Students Act 2000 specified in column 1 of an item in the following table applies in relation to the *HELP Tuition Protection Director in accordance with columns 2 and 3 of the item.

 

Administrative provisions relating to the HELP Tuition Protection Director

Item

Column 1

Column 2

Column 3

 

This provision of the Education Services for Overseas Students Act 2000 …

applies in relation to the HELP Tuition Protection Director as if the reference in that provision to …

were a reference to …

1

A provision covered by subsection (2) of this section

TPS Director

HELP Tuition Protection Director

2

A provision covered by subsection (2) of this section

the regulations

the Higher Education Provider Guidelines

3

A provision covered by subsection (2) of this section

the Minister

the Minister administering this Act

4

A provision covered by subsection (2) of this section

the Department

the Department administered by the Minister administering this Act

 (2) This subsection covers the following provisions of the Education Services for Overseas Students Act 2000:

 (a) section 54C;

 (b) section 54D;

 (c) section 54E;

 (d) section 54F;

 (e) section 54J;

 (f) section 54L;

 (g) section 54N.

 (3) For the purposes of section 54E of the Education Services for Overseas Students Act 2000, the Minister administering that Act is taken to have given approval to:

 (a) the TPS Director to engage in paid employment as the *HELP Tuition Protection Director; and

 (b) the HELP Tuition Protection Director to engage in paid employment as the TPS Director.

 (4) The Minister may terminate the appointment of the TPS Director if:

 (a) the TPS Director engages, except with the Minister’s approval, in paid employment outside the duties of his or her office as *HELP Tuition Protection Director; or

 (b) the HELP Tuition Protection Director fails, without reasonable excuse, to comply with section 54F of the Education Services for Overseas Students Act 2000 as applied to the HELP Tuition Protection Director by item 1 of the table in subsection (1) of this section.

 (5) The *HELP Tuition Protection Director is not personally subject to any liability to any person (other than the Commonwealth) in respect of anything done, or omitted to be done, in good faith in the exercise or performance of powers or functions under this Act.

 (6) In this section:

TPS Director has the same meaning as in the Education Services for Overseas Students Act 2000.

Division 3HELP Tuition Protection Fund Advisory Board

16730  Establishment and membership

 (1) The *HELP Tuition Protection Fund Advisory Board is established by this section.

 (2) The members of the *HELP Tuition Protection Fund Advisory Board are the members of the TPS Advisory Board appointed under section 55D of the Education Services for Overseas Students Act 2000.

 (3) The reference in subsection (2) to the members of the TPS Advisory Board includes a reference to a person for the time being acting as a member of that Board because of an appointment under subsection 55N(1) of the Education Services for Overseas Students Act 2000.

 (4) The Chair of the *HELP Tuition Protection Fund Advisory Board is the Chair of the TPS Advisory Board appointed under subsection 55C(3) of the Education Services for Overseas Students Act 2000.

 (5) The reference in subsection (4) to the Chair of the TPS Advisory Board includes a reference to a person for the time being acting as the Chair of that Board because of an appointment under subsection 55N(2) of the Education Services for Overseas Students Act 2000.

 (6) The Deputy Chair of the *HELP Tuition Protection Fund Advisory Board is the Deputy Chair of the TPS Advisory Board appointed under subsection 55C(3) of the Education Services for Overseas Students Act 2000.

 (7) Despite subsection 55C(2) of the Education Services for Overseas Students Act 2000, a person is eligible to be appointed to the TPS Advisory Board if the Minister is satisfied that the person has qualifications or experience that the Minister considers relevant to the performance of the *HELP Tuition Protection Fund Advisory Board’s functions.

16735  Function of the HELP Tuition Protection Fund Advisory Board

  The *HELP Tuition Protection Fund Advisory Board’s function is, either on its own initiative or at the request of the *HELP Tuition Protection Director, to provide advice and make recommendations to the Director in relation to the making of a legislative instrument each year under section 12 of the Higher Education Support (HELP Tuition Protection Levy) Act 2020.

16740  Administrative provisions relating to the HELP Tuition Protection Fund Advisory Board

 (1) Each provision of the Education Services for Overseas Students Act 2000 specified in column 1 of an item in the following table applies in relation to the *HELP Tuition Protection Fund Advisory Board in accordance with columns 2 and 3 of the item.

 

Administrative provisions relating to the HELP Tuition Protection Fund Advisory Board

Item

Column 1

Column 2

Column 3

 

This provision of the Education Services for Overseas Students Act 2000 …

applies in relation to the HELP Tuition Protection Fund Advisory Board as if the reference in that provision to …

were a reference to …

1

A provision covered by subsection (2) of this section

the Board

the HELP Tuition Protection Fund Advisory Board

2

A provision covered by subsection (2) of this section

the Chair

the Chair of the HELP Tuition Protection Fund Advisory Board

3

A provision covered by subsection (2) of this section

the Deputy Chair

the Deputy Chair of the HELP Tuition Protection Fund Advisory Board

4

A provision covered by subsection (2) of this section

a Board member

a member of the HELP Tuition Protection Fund Advisory Board

5

A provision covered by subsection (2) of this section

the Board members

the members of the HELP Tuition Protection Fund Advisory Board

6

A provision covered by subsection (2) of this section

the Minister

the Minister administering this Act

7

Section 55E

the regulations

the Higher Education Provider Guidelines

8

Paragraph 55L(2)(d)

section 55H

section 55H as applied to a member of the HELP Tuition Protection Fund Advisory Board by this section

9

Paragraph 55L(2)(d)

section 55J

section 55J as applied to a member of the HELP Tuition Protection Fund Advisory Board by this section

10

Paragraph 56C(2)(a)

section 55J

section 55J as applied to a member of the HELP Tuition Protection Fund Advisory Board by this section

 

 (2) This subsection covers the following provisions of the Education Services for Overseas Students Act 2000:

 (a) section 55E;

 (b) section 55H;

 (c) section 55J;

 (d) section 56A;

 (e) section 56B;

 (f) section 56C;

 (g) section 56D;

 (h) section 56E;

 (i) section 56F;

 (j) section 56G.

 (3) A member of the *HELP Tuition Protection Fund Advisory Board is not personally subject to any liability to any person (other than the Commonwealth) in respect of anything done, or omitted to be done, in good faith in the exercise or performance of powers or functions under this Act or the Higher Education Support (HELP Tuition Protection Levy) Act 2020.

Part 52Administrative requirements on higher education providers

Division 169Administrative requirements on higher education providers

1691  What this Part is about

This Part imposes a number of administrative requirements on higher education providers.

Note: It is a quality and accountability requirement that a higher education provider comply with this Act: see section 1965.

1695  Notices

Who gets a notice?

 (1) A higher education provider must give such notices as are required by the Administration Guidelines to a person:

 (a) who is enrolled with the provider for a unit of study; and

 (b) who:

 (i) is seeking Commonwealth assistance under this Act for the unit or for a *student services and amenities fee imposed on the person by the provider; or

 (ii) is a *Commonwealth supported student for the unit.

Contents of notice

 (2) A notice must contain the information set out in the Administration Guidelines as information that must be provided in such a notice.

Date by which notice to be given

 (3) A notice must be given within the period set out in the Administration Guidelines.

Purpose and effect of notice

 (4) A notice under this section is given for the purpose only of providing information to a person. Any liability or entitlement of a person under this Act is not affected by:

 (a) the failure of a higher education provider to give a notice under this section; or

 (b) the failure of a higher education provider to give such a notice by the date required under the Administration Guidelines; or

 (c) the notice containing an incorrect statement.

16910  Correction of notices

Higher education provider to correct notice

 (1) If, after giving a person a notice under section 1695, a higher education provider is satisfied that a material particular in the notice was not, or has ceased to be, correct, the provider must give a further written notice to the person setting out the correct particular.

Person may request correction of notice

 (2) A person who receives a notice from a higher education provider under section 1695 may give to the provider a written request for the notice to be corrected in respect of a material particular if the person considers that the notice was not, or has ceased to be, correct in that particular.

 (3) The request must be given to an *appropriate officer of the provider either:

 (a) within 14 days after the day the notice was given; or

 (b) within such further period as the provider allows for the giving of the request.

 (4) The request must:

 (a) specify the particular in the notice that the person considers is incorrect; and

 (b) specify the reasons the person has for considering that the particular is incorrect.

 (5) The making of the request does not affect any liability or entitlement of the person under this Act.

Higher education provider to process request

 (6) If a higher education provider receives a request under this section the provider must, as soon as practicable:

 (a) determine the matter to which the request relates; and

 (b) notify the person in writing of the provider’s determination; and

 (c) if the provider determines that a material particular in the notice was not, or has ceased to be, correct—give a further notice under subsection (1).

16915  Charging student contribution amounts and tuition fees

 (1) A higher education provider:

 (a) must require any student who:

 (i) is a *Commonwealth supported student in relation to a unit of study; and

 (ii) is enrolling in the unit with the provider; and

 (iii) is not an *exempt student for the unit;

  to pay to the provider the student’s *student contribution amount for the unit; and

 (b) must not require the student to pay any of his or her *tuition fee or any other *fee for the unit.

 (1A) Despite subsection (1), a higher education provider must not require a student who is enrolling in a unit that is a *replacement unit to pay to the provider the student’s *student contribution amount for the unit.

 (2) A higher education provider:

 (a) must require any *domestic student who:

 (i) is not a *Commonwealth supported student in relation to a unit of study; and

 (ii) is enrolling in the unit with the provider; and

 (iii) is not an *exempt student for the unit;

  to pay to the provider the student’s *tuition fee for the unit; and

 (b) must not require any domestic student to pay any other *fee, or any of his or her *student contribution amount, for the unit.

 (2A) Despite subsection (2), a higher education provider must not require a domestic student who is enrolling in a unit that is a *replacement unit to pay to the provider the student’s *tuition fee for the unit.

 (3) However (unless subsection (4) applies), a higher education provider must repay to a person any payment of his or her *student contribution amount or *tuition fee for a unit of study that the person made on or before the *census date for the unit if the person is no longer enrolled in the unit at the end of the census date.

Note: Other provisions about student contribution amounts and tuition fees are set out in Subdivision 19F and Parts 22 and 32.

 (4) Subsection (3) does not apply if:

 (a) the student is no longer enrolled in the unit at the end of the census date because the provider *defaulted in relation to the student; and

 (b) the student has accepted an offer of a place in a *replacement course.

16917  Requirements relating to withdrawal from units of study

 (1) The Higher Education Provider Guidelines may prescribe requirements to be complied with by higher education providers in relation to student withdrawal from units of study.

 (2) Without limiting subsection (1), the Higher Education Provider Guidelines may:

 (a) require that fees (however described) must not be charged by higher education providers for withdrawal, either generally or in specified circumstances; or

 (b) specify requirements to be met in relation to reenrolment after withdrawal; or

 (c) specify requirements in relation to processes and procedures for dealing with student withdrawal from units of study.

 (3) A higher education provider contravenes this subsection if:

 (a) the provider is subject to a requirement under this section; and

 (b) the provider fails to comply with the requirement.

Civil penalty: 120 penalty units.

16920  Exempt students

 (1) The Minister may determine in writing that all students, or students of a specified kind, are exempt from payment of their *student contribution amounts and *tuition fees for:

 (a) any units of study undertaken as part of a specified *course of study; or

 (b) any units of study undertaken as part of a course of study of a specified kind.

A student, or a student of such a kind, (as the case requires) is an exempt student for those units.

 (2) The Administration Guidelines may provide that:

 (a) in all circumstances; or

 (b) in the circumstances specified in those guidelines;

all students are exempt from payment of their *student contribution amounts and *tuition fees for any units of study that wholly consist of *work experience in industry. A student is, or is in those specified circumstances, (as the case requires) an exempt student for such units.

 (3) A student is an exempt student for a unit of study undertaken with a higher education provider as part of a *course of study with that provider if:

 (a) the provider has awarded the student an exemption scholarship for the course; and

 (b) the provider awarded the scholarship in accordance with any requirements specified in the Administration Guidelines.

 (3A) A student is an exempt student for a unit of study undertaken with one higher education provider as part of a *course of study with another (the home provider) if:

 (a) the home provider has awarded the student an exemption scholarship for the course; and

 (b) the home provider awarded the scholarship in accordance with any requirements specified in the Administration Guidelines; and

 (c) the student must undertake the unit, because it is required to complete the course.

 (3B) A student is an exempt student for a unit of study undertaken with one higher education provider (the host provider) as part of a *course of study undertaken with another if:

 (a) the host provider has awarded the student an exemption for the unit; and

 (b) the host provider awarded the scholarship in accordance with any requirements specified in the Administration Guidelines.

 (4) Without limiting the matters that may be specified in the Administration Guidelines for the purposes of paragraph (3)(b), those matters may include one or both of the following:

 (a) the maximum number of exemption scholarships that a particular higher education provider may award in respect of a year;

 (b) which students are eligible to receive exemption scholarships.

16925  Determining census dates and EFTSL values

 (1) A higher education provider must, for each unit of study it provides or proposes to provide during a period ascertained in accordance with the Administration Guidelines, determine, for that period:

 (a) a particular date to be the *census date for the unit; and

 (b) the *EFTSL value for the unit.

Note: If a higher education provider provides the same unit over different periods, the unit is taken to be a different unit of study in respect of each period. Therefore the provider will have to determine a separate census date, and a separate EFTSL value, in respect of each period.

 (2) A date determined under paragraph (1)(a) must be determined in accordance with the Administration Guidelines.

 (3) The provider must publish:

 (a) the *census date for the unit by the date ascertained in accordance with, and in the manner specified in, the Administration Guidelines; and

 (b) the *EFTSL value for the unit by the date ascertained in accordance with, and in the manner specified in, the Administration Guidelines.

Civil penalty: 60 penalty units.

Variations

 (4) The provider must not vary the *census date for the unit, or the *EFTSL value for the unit, after publication under subsection (3), unless the provider:

 (a) does so:

 (i) before the date ascertained in accordance with the Administration Guidelines; and

 (ii) in circumstances specified in the Administration Guidelines; or

 (b) does so with the written approval of the Minister.

Civil penalty: 60 penalty units.

 (5) If paragraph (4)(a) applies, the provider must publish the variation by the date ascertained in accordance with, and in the manner specified in, the Administration Guidelines.

 (6) If paragraph (4)(b) applies, the provider must publish the variation by the date, and in the manner, specified by the Minister in the approval.

16927  Meaning of EFTSL

 (1) An EFTSL is an equivalent fulltime student load for a year. It is a measure, in respect of a *course of study, of the study load for a year of a student undertaking that course of study on a fulltime basis.

 (2) A particular amount of EFTSL is an amount of study, undertaken with a higher education provider as part of a *course of study, represented by units of study with *EFTSL values the sum of which equals that amount.

16928  Meaning of EFTSL value

 (1) The EFTSL value of a unit of study is the value that the higher education provider with which the unit may be undertaken determines in writing to be the EFTSL value of the unit, expressed as a fraction of one *EFTSL.

 (2) If the unit can form part of more than one *course of study, the provider may determine an EFTSL value of the unit for each such course.

 (3) If a unit of study is subject to separate determinations in relation to different *courses of study, a reference in this Act to the EFTSL value of the unit is, when the unit forms part of such a course, a reference to the EFTSL value of the unit determined under subsection (2) for the course.

 (4) Determinations under this section must be in accordance with any requirements set out in the Administration Guidelines.

16930  Communications with the Commonwealth concerning students etc.

 (1) In communications under, or for the purposes of, this Act between the Commonwealth and a higher education provider concerning a person who:

 (a) is enrolled, or seeking to enrol, in a unit of study with the provider; and

 (b) has indicated that the person is seeking Commonwealth assistance under this Act for the unit, or is a *Commonwealth supported student for the unit;

the provider must use any identifier for that person that the *Secretary has indicated must be used in such communications.

 (2) In communications under, or for the purposes of, this Act between the Commonwealth and a higher education provider concerning a person who:

 (a) has had a *student services and amenities fee imposed on him or her by the provider; and

 (b) has indicated that the person is seeking *SAHELP assistance for the fee;

the provider must use any identifier for that person that the *Secretary has indicated must be used in such communications.

16935  6 week cut off for corrections affecting entitlement to Commonwealth assistance

 (1) If:

 (a) more than 6 weeks after the *census date for a unit of study undertaken with a higher education provider, a person gives the provider information in writing (the correct information) that establishes that information contained in or accompanying the person’s *request for Commonwealth assistance was incorrect; and

 (b) the correct information establishes that the person was entitled to a particular kind of Commonwealth assistance other than *SAHELP assistance;

this Act applies as if the person had never been entitled to that particular Commonwealth assistance.

 (2) If:

 (a) more than 6 weeks after the day on which a *student services and amenities fee imposed on a person by a higher education provider was payable, the person gives the provider information in writing (the correct information) that establishes that information contained in or accompanying a *request for Commonwealth assistance made by the person in relation to the fee was incorrect; and

 (b) the correct information establishes that the person was entitled to *SAHELP assistance for the fee;

this Act applies as if the person had never been entitled to the SAHELP assistance.

Part 53Electronic communications

Division 174Electronic communications

1741  What this Part is about

Certain documents that this Act requires or permits to be given between students and higher education providers may be transmitted electronically.

1745  Guidelines may deal with electronic communications

 (1) The Administration Guidelines may make provision for or in relation to requiring or permitting information or documents to be given by students to higher education providers, or by higher education providers to students, in accordance with particular information technology requirements:

 (a) on a particular kind of data storage device; or

 (b) by means of a particular kind of electronic communication.

 (1A) A higher education provider contravenes this subsection if:

 (a) the provider is subject to a requirement under subsection (1); and

 (b) the provider fails to comply with the requirement.

Civil penalty: 60 penalty units.

 (2) The Administration Guidelines may make provision for or in relation to requiring, in relation to an electronic communication from a student to a higher education provider:

 (a) that the communication contain an electronic signature (however described); or

 (b) that the communication contain a unique identification in an electronic form; or

 (c) that a particular method be used to identify the originator of the communication and to indicate the originator’s approval of the information communicated.

 (3) The reference in subsection (1) to giving information includes a reference to anything that is giving information for the purposes of section 9 of the Electronic Transactions Act 1999.

 (4) In this section:

data storage device has the same meaning as in the Electronic Transactions Act 1999.

electronic communication has the same meaning as in the Electronic Transactions Act 1999.

information has the same meaning as in the Electronic Transactions Act 1999.

information technology requirements has the same meaning as in the Electronic Transactions Act 1999.

Part 54Management of information

Division 179Protection of personal information

1791  What this Division is about

An officer who discloses, copies or records personal information otherwise than in the course of official employment, or causes unauthorised access to or modification of personal information, commits an offence unless an exception applies.

1795  Meaning of personal information

  Personal information is:

 (a) information or an opinion about an identified individual, or an individual who is reasonably identifiable:

 (i) whether the information or opinion is true or not; and

 (ii) whether the information or opinion is recorded in a material form or not; and

 (b) obtained or created by an *officer for the purposes of Chapter 2 or Chapters 3 and 4.

17910  Use of personal information

Offence

 (1) An *officer commits an offence if:

 (a) the officer either:

 (i) discloses information; or

 (ii) makes a copy or other record of information; and

 (b) the information is *personal information; and

 (c) the information was acquired by the officer in the course of the officer’s *official employment; and

 (d) the disclosure did not occur, or the copy or record was not made, in the course of that official employment.

Penalty: Imprisonment for 2 years.

Exception—consent

 (2) Subsection (1) does not apply if the person to whom the *personal information relates has consented to the disclosure, or the making of the copy or record.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Exception—authorised or required by a Commonwealth law

 (3) Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of the Commonwealth.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Exception—authorised or required by certain State or Territory laws

 (4) Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of a State or Territory:

 (a) that relates to the administration, regulation or funding of education; or

 (b) that is specified in the Administration Guidelines for the purposes of this paragraph.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

17915  Meanings of officer etc. and official employment

Meaning of officer

 (1) A person is an officer if:

 (a) the person is or was a *Commonwealth officer (see subsection (2)); or

 (b) the person is or was an *officer of a higher education provider (see subsection (3)); or

 (c) the person is or was an *officer of Open Universities Australia (see subsection (3A)); or

 (d) the person is or was an *officer of a Tertiary Admission Centre (see subsection (3B)).

 (2) A Commonwealth officer is a person who holds office under, or is employed by, the Commonwealth, and includes the following:

 (a) a person appointed or engaged under the Public Service Act 1999;

 (b) a person permanently or temporarily employed:

 (i) in the Public Service of a Territory (other than the Northern Territory); or

 (ii) in, or in connection with, the Defence Force; or

 (iii) in the Service of any authority or body constituted by or under a law of the Commonwealth or of a Territory (other than the Northern Territory);

 (c) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979);

 (d) a person who, although not holding office under, or employed by:

 (i) the Commonwealth; or

 (ii) a Territory (other than the Northern Territory); or

 (iii) any authority or body constituted by or under a law of the Commonwealth or of a Territory (other than the Northern Territory);

  performs services for or on behalf of the Commonwealth, a Territory (other than the Northern Territory), or such an authority or body;

 (e) a person who is an employee of the Australian Postal Corporation;

 (f) a person who performs services for or on behalf of the Australian Postal Corporation;

 (g) an employee of a person who performs services for or on behalf of the Australian Postal Corporation.

 (3) A person is an officer of a higher education provider if the person is:

 (a) an officer or employee of the provider; or

 (b) a person who, although not an officer or employee of the provider, performs services for or on behalf of the provider.

 (3A) A person is an officer of Open Universities Australia if the person is:

 (a) an officer or employee of *Open Universities Australia; or

 (b) a person who, although not an officer or employee of Open Universities Australia, performs services for or on behalf of Open Universities Australia.

 (3B) A person is an officer of a Tertiary Admission Centre if the person is:

 (a) an officer or employee of the *Tertiary Admission Centre; or

 (b) a person who, although not an officer or employee of the Tertiary Admission Centre, performs services for or on behalf of the Tertiary Admission Centre.

Meaning of official employment

 (4) Official employment of an *officer is:

 (a) for a *Commonwealth officer—the performance of duties or functions, or the exercise of powers, under, or for the purposes of, this Act or the VET Student Loans Act 2016; or

 (b) for an *officer of a higher education provider—service as such an officer; or

 (c) for an *officer of Open Universities Australia—service as such an officer; or

 (d) for an *officer of a Tertiary Admission Centre—service as such an officer.

17920  When information is disclosed in the course of official employment

  Without limiting the matters that are disclosures that occur in the course of an *officer’s *official employment for the purposes of paragraph 17910(d), the following disclosures are taken to be disclosures that occur in the course of an officer’s official employment:

 (a) disclosure by a *Commonwealth officer of *personal information to another Commonwealth officer to assist that other officer in the other officer’s official employment;

 (b) disclosure by an officer of personal information to the Administrative Appeals Tribunal in connection with a *reviewable decision;

 (c) disclosure by a Commonwealth officer of personal information to an *officer of a higher education provider to assist the provider’s officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act;

 (ca) disclosure by a Commonwealth officer of personal information to an *officer of Open Universities Australia to assist *Open Universities Australia in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act;

 (cb) disclosure by a Commonwealth officer of personal information to an *officer of a Tertiary Admission Centre to assist the officer of the Tertiary Admission Centre in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act;

 (d) disclosure by an officer of a higher education provider of personal information to a Commonwealth officer to assist the Commonwealth officer in the Commonwealth officer’s official employment;

 (e) disclosure by an officer of Open Universities Australia of personal information to a Commonwealth officer to assist the Commonwealth officer in the Commonwealth officer’s official employment;

 (ea) disclosure by an officer of a Tertiary Admission Centre of personal information to a Commonwealth officer to assist the Commonwealth officer in the Commonwealth officer’s official employment;

 (f) disclosure by an officer of Open Universities Australia of personal information to an officer of a higher education provider to assist the provider’s officer in performing duties or functions or in exercising powers, under, or for the purposes of, this Act;

 (g) disclosure by an officer of a higher education provider of personal information to an officer of Open Universities Australia to assist the officer of Open Universities Australia in performing duties or functions or in exercising powers, under, or for the purposes of, this Act;

 (h) disclosure by an officer of a higher education provider of personal information to an officer of a Tertiary Admission Centre to assist the officer of the Tertiary Admission Centre in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act;

 (i) disclosure by an officer of a Tertiary Admission Centre of personal information to an officer of a higher education provider to assist the provider’s officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act.

17925  Commissioner may disclose information

 (1) Despite anything in an Act of which the *Commissioner has the general administration, the Commissioner, or a person authorised by the Commissioner, may communicate *personal information to an *officer for use by that officer:

 (a) in the case of a *Commonwealth officer—in the course of the officer’s *official employment; or

 (b) in the case of an *officer of a higher education provider—to assist the officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act; or

 (c) in the case of an *officer of Open Universities Australia—to assist the officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act; or

 (d) in the case of an *officer of a Tertiary Admission Centre—to assist the officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act.

 (2) Despite subsection 13.3(3) of the Criminal Code, in a prosecution for an offence against an Act of which the *Commissioner has the general administration, the defendant does not bear an evidential burden in relation to whether this section applies to a communication of *personal information.

17930  Oath or affirmation to protect information

 (1) An *officer must, if and when required by the *Secretary or the *Commissioner to do so, make an oath or affirmation to protect information in accordance with this Division.

 (2) The *Secretary may determine, in writing:

 (a) the form of the oath or affirmation that the Secretary will require; and

 (b) the manner in which the oath or affirmation must be made.

 (3) The *Commissioner may determine, in writing:

 (a) the form of the oath or affirmation that the Commissioner will require; and

 (b) the manner in which the oath or affirmation must be made.

17935  Unauthorised access to, or modification of, personal information

 (1) A person commits an offence if:

 (a) the person causes any unauthorised access to, or modification of, *personal information that is:

 (i) held in a computer; and

 (ii) to which access is restricted by an access control system associated with a function of the computer; and

 (b) the person intends to cause the access or modification; and

 (c) the person knows that the access or modification is unauthorised; and

 (d) one or more of the following apply:

 (i) the personal information is held in a computer of a higher education provider;

 (ii) the personal information is held on behalf of a provider;

 (iii) the personal information is held in a computer of *Open Universities Australia;

 (iv) the personal information is held on behalf of Open Universities Australia;

 (v) the personal information is held on a computer of a *Tertiary Admission Centre;

 (vi) the personal information is held on behalf of a Tertiary Admission Centre.

Penalty: 2 years imprisonment.

 (2) Absolute liability applies to paragraph (1)(d).

17940  Officer may use information

  An *officer may use *personal information in the course of the officer’s *official employment.

17945  This Division does not limit disclosure or use of information

  This Division does not limit the disclosure or use of *personal information.

Note: The disclosure or use of personal information may also be authorised in other circumstances. For example, see Division 180 and the Privacy Act 1988.

Division 180Disclosure or use of Higher Education Support Act information

1801  What this Division is about

This Division authorises the disclosure and use of Higher Education Support Act information for certain purposes.

1805  Meaning of Higher Education Support Act information

Higher Education Support Act information means:

 (a) *personal information; and

 (b) *VET personal information; and

 (c) information obtained or created by a *Commonwealth officer as a result of a survey of the kind referred to in section 18030; and

 (d) any other information obtained or created by a Commonwealth officer for the purposes of this Act or for the purposes referred to in subsection 18028(5).

18010  Disclosure and use by Commonwealth officers

 (1) A *Commonwealth officer may disclose *Higher Education Support Act information to another Commonwealth officer to assist that other officer in the other officer’s *official employment (within the meaning of section 17915).

 (2) A *Commonwealth officer may use *Higher Education Support Act information in the course of the officer’s *official employment (within the meaning of section 17915).

18015  Disclosure of information to TEQSA

  The *Secretary may disclose *Higher Education Support Act information to:

 (a) *TEQSA; or

 (b) a member of the staff of TEQSA (within the meaning of the *TEQSA Act);

for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, that Act.

18020  Disclosure of information to the National VET Regulator

  The *Secretary may disclose *Higher Education Support Act information to:

 (a) the *National VET Regulator; or

 (b) a *NVETR staff member;

for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, that Act.

18023  Disclosure of information to certain agencies

 (1) The *Secretary may disclose *Higher Education Support Act information to a person who is employed or engaged by an agency covered by subsection (2) for the purposes of exercising powers, or performing functions or duties, of the agency.

 (2) An agency is covered by this subsection if the agency is administered by a Minister who administers any of the following:

 (a) the Human Services (Centrelink) Act 1997;

 (b) the Social Security Act 1991;

 (c) the Student Assistance Act 1973;

 (d) a law of the Commonwealth prescribed by the Administration Guidelines for the purposes of this paragraph.

 (3) If *Higher Education Support Act information is disclosed to an agency under subsection (1), the agency may use the information for the purposes of exercising powers, or performing functions or duties, of the agency.

18025  Disclosure of information to other bodies

Disclosure

 (1) The *Secretary may disclose *Higher Education Support Act information to a person referred to in subsection (3) for any of the following purposes (a permitted purpose):

 (a) improving the provision of higher education or vocational education and training;

 (b) research relating to the provision of higher education or vocational education and training, including research relating to:

 (i) quality assurance; or

 (ii) planning the provision of higher education or vocational education and training.

 (2) However, if the information was provided by a higher education provider or a *VET provider, then the *Secretary may only disclose the information under subsection (1) to a person referred to in paragraph (3)(b), (c) or (d) if the provider consents to that disclosure.

Persons to which information may be disclosed

 (3) For the purposes of subsection (1), the persons are the following:

 (a) a person (an officer) who is employed or engaged by a State or Territory agency;

 (b) an *officer of a higher education provider;

 (c) an *officer of a VET provider;

 (d) a person (an officer) who is employed or engaged by a body or association determined by the Minister under subsection (4).

 (4) The Minister may, by legislative instrument, make a determination in relation to a body or association for the purposes of paragraph (3)(d).

Use of the information

 (5) A person commits an offence if:

 (a) the person uses information for a purpose; and

 (b) the purpose is not a permitted purpose; and

 (c) the information is *personal information or *VET personal information; and

 (d) the information was disclosed under subsection (1) to the person or another person when the person or other person was an officer of a body referred to in subsection (3); and

 (e) the information was not obtained or created by an *officer for the purposes of Part 22A or 23.

Penalty: Imprisonment for 2 years.

Further disclosure of the information

 (6) A person commits an offence if:

 (a) the person discloses information; and

 (b) the information is *personal information or *VET personal information; and

 (c) the information was disclosed under subsection (1) to the person or another person when the person or other person was an officer of a body referred to in subsection (3); and

 (d) either or both of the following apply:

 (i) the disclosure is not for a permitted purpose;

 (ii) the disclosure is to a person who is not an officer of that body; and

 (e) the information was not obtained or created by an *officer for the purposes of Part 22A or 23.

Penalty: Imprisonment for 2 years.

18028  Disclosure and use of information for the HELP program

Disclosure of information

 (1) A *HELP program Commonwealth officer may disclose *Higher Education Support Act information (other than a person’s *tax file number) to another HELP program Commonwealth officer for the purposes referred to in subsection (5).

 (2) The *Secretary may disclose a person’s *tax file number to the *Commissioner for the purposes referred to in subsection (5).

Use of information

 (3) A *HELP program Commonwealth officer may use *Higher Education Support Act information (other than a person’s *tax file number) for the purposes referred to in subsection (5).

 (4) If a person’s *tax file number is disclosed under subsection (2), the *Commissioner may use that tax file number for the purposes referred to in subsection (5).

Purposes of disclosure or use

 (5) The purposes are to assist in the development of the *HELP program, or the administration or future administration of the HELP program, including by:

 (a) policy formation; and

 (b) financial planning and projection; and

 (c) program design; and

 (d) conducting research.

Definitions

 (6) The HELP program means the program consisting of:

 (a) grants to higher education providers under Part 22; and

 (b) assistance provided to students under Chapter 3 or Schedule 1A or the VET Student Loans Act 2016; and

 (c) repayment of debts under Chapter 4, or under the VET Student Loans Act 2016, incurred in relation to that assistance.

 (7) HELP program Commonwealth officer means:

 (a) the *Secretary; or

 (b) the *Commissioner; or

 (c) a *Commonwealth officer specified to be a HELP program Commonwealth officer under subsection (8).

 (8) The Minister may, by legislative instrument, specify that a *Commonwealth officer, or a Commonwealth officer in a specified class, is a *HELP program Commonwealth officer for the purposes of paragraph (7)(c).

 (9) For the purposes of this section, *Higher Education Support Act information includes VET information (within the meaning of the VET Student Loans Act 2016).

18030  Use of information to conduct surveys

  A *Commonwealth officer may use *Higher Education Support Act information in order to conduct a survey of staff, students or former students of higher education providers or *VET providers for any of the following purposes:

 (a) improving the provision of higher education or vocational education and training;

 (b) research relating to the provision of higher education or vocational education and training, including research relating to:

 (i) quality assurance; or

 (ii) planning the provision of higher education or vocational education and training.

18035  This Division does not limit disclosure or use of information

  This Division does not limit the disclosure or use of *Higher Education Support Act information.

Note: The disclosure or use of Higher Education Support Act information may also be authorised in other circumstances. For example, see Division 179, Division 14 of Schedule 1A and the Privacy Act 1988.

Division 182Other rules about information

1821  Minister may seek information from TEQSA and relevant VET regulator

 (1) The Minister may seek information relating to a higher education provider from *TEQSA or the *relevant VET regulator (or both) for the purposes of administering, or enforcing compliance with, one or more of the following:

 (a) this Act and the regulations;

 (b) the Guidelines made under section 23810 that apply to the provider;

 (c) a condition imposed on the provider’s approval as a higher education provider.

 (2) The Minister may seek information relating to a *VET provider from *TEQSA or the *relevant VET regulator (or both) for the purposes of administering, or enforcing compliance with, one or more of the following:

 (a) this Act and the regulations;

 (b) *VET Guidelines that apply to the provider;

 (c) a condition imposed on the provider’s approval as a VET provider.

Part 55Tax file numbers

Division 184Introduction

1841  What this Part is about

Requirements relating to students’ tax file numbers apply to assistance under Chapter 3 that gives rise to HELP debts.

The Commissioner may notify higher education providers, the Secretary, or where appropriate Open Universities Australia, of matters relating to tax file numbers.

Higher education providers, and where appropriate Open Universities Australia, have obligations relating to notifying students about tax file number requirements.

Higher education providers have obligations relating to cancelling the enrolment of students who do not have tax file numbers.

Note: Part VA of the Income Tax Assessment Act 1936 provides for issuing, cancelling or altering tax file numbers.

Division 187What are the tax file number requirements for assistance under Chapter 3?

1871  Meeting the tax file number requirements

Assistance other than SAHELP assistance

 (1) A student who is enrolled, or proposes to enrol, with a higher education provider in a unit of study access to which was not provided by *Open Universities Australia, meets the tax file number requirements for assistance under Chapter 3, except *SAHELP assistance, if:

 (a) the student notifies his or her *tax file number to:

 (i) an *appropriate officer of the provider; and

 (ii) the *Secretary;

  and the provider is satisfied (in accordance with subsection (4)) that this number is a valid tax file number; or

 (b) the student gives to the officer a certificate from the *Commissioner stating that the student has applied to the Commissioner asking the Commissioner to issue a tax file number to the student.

 (1AA) Compliance by a person with subsection (1) in relation to a *course of study is to be ignored in determining whether there has been compliance by the person with subsection (1) in relation to any other course of study.

 (1A) A student who accesses, or proposes to access, a unit of study through *Open Universities Australia, meets the tax file number requirements for assistance under Chapter 3, except *SAHELP assistance, if:

 (a) the student notifies his or her *tax file number to:

 (i) an *appropriate officer of Open Universities Australia; and

 (ii) the *Secretary;

  and Open Universities Australia is satisfied (in accordance with subsection (4)) that this number is a valid tax file number; or

 (b) the student gives to the officer a certificate from the *Commissioner stating that the student has applied to the Commissioner asking the Commissioner to issue a tax file number to the student.

 (2) If the student is seeking *HECSHELP assistance or *FEEHELP assistance for a unit of study, he or she does not meet the tax file number requirements for the assistance unless he or she complies with subsection (1) or (1A) (as the case requires) on or before the *census date for the unit.

 (3) A notification under paragraph (1)(a) may be included in a *request for Commonwealth assistance, except a request for Commonwealth assistance relating to a *student services and amenities fee, that the student has given to the provider in relation to:

 (a) the unit of study for which the assistance is sought; or

 (b) the *course of study of which the unit forms a part; or

 (c) any other unit of study forming part of that course.

 (3A) A notification under paragraph (1A)(a) may be included in a *request for Commonwealth assistance that the student has given to *Open Universities Australia in relation to the unit of study for which the assistance is sought.

SAHELP assistance

 (3B) A student who is enrolled, or proposes to enrol, with a higher education provider in a *course of study or *bridging course for overseastrained professionals meets the tax file number requirements for *SAHELP assistance if:

 (a) the student notifies his or her *tax file number to:

 (i) an *appropriate officer of the provider; and

 (ii) the *Secretary;

  and the provider is satisfied (in accordance with subsection (4)) that this number is a valid tax file number; or

 (b) the student gives to the officer a certificate from the *Commissioner stating that the student has applied to the Commissioner asking the Commissioner to issue a tax file number to the student.

 (3C) Compliance by a person with subsection (3B) in relation to the person’s actual or proposed enrolment in a *course of study or *bridging course for overseastrained professionals is to be ignored in determining whether there has been compliance by the person with subsection (3B) in relation to the person’s actual or proposed enrolment in another such course or bridging course.

 (3D) If the student is seeking *SAHELP assistance for a *student services and amenities fee, he or she does not meet the tax file number requirements for the assistance unless he or she complies with subsection (3B) on or before the day the fee is payable.

 (3E) A notification under paragraph (3B)(a) may be included in any *request for Commonwealth assistance relating to a *student services and amenities fee imposed on the student in connection with his or her enrolment in the *course of study or *bridging course for overseastrained professionals.

Commissioner’s role

 (4) The *Commissioner may issue guidelines about the circumstances in which:

 (a) a higher education provider is to be, or is not to be, satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(a) or (3B)(a); and

 (b) *Open Universities Australia is to be, or is not to be, satisfied that a number is a valid tax file number for the purposes of paragraph (1A)(a).

 (5) A certificate under paragraph (1)(b) or (3B)(b) must be in the *approved form.

 (6) A certificate under paragraph (1A)(b) must be in the *approved form.

Commissioner’s guidelines are legislative instruments

 (7) A guideline issued under subsection (4) is a legislative instrument.

1872  Who is an appropriate officer?

 (1) An appropriate officer of a higher education provider, means a person, or a person included in a class of persons, whom:

 (a) the chief executive officer of the provider; or

 (b) a delegate of the chief executive officer of the provider;

has appointed to be an appropriate officer of the provider for the purposes of this Act.

 (2) An appropriate officer of *Open Universities Australia, means a person, or a person included in a class of persons, whom:

 (a) the chief executive officer of Open Universities Australia; or

 (b) a delegate of the chief executive officer of Open Universities Australia;

has appointed to be an appropriate officer of Open Universities Australia for the purposes of this Act.

1875  Student to notify tax file number when issued

 (1) If a student *meets the tax file number requirements for the assistance under paragraph 1871(1)(b):

 (a) the student must notify his or her *tax file number to:

 (i) an *appropriate officer of the higher education provider; and

 (ii) the *Secretary;

  within 21 days from the day on which the *Commissioner issues the tax file number to the student; and

 (b) the provider must be satisfied (in accordance with subsection 1871(4)) that this number is a valid *tax file number.

 (2) If a student *meets the tax file number requirements for assistance under paragraph 1871(1A)(b):

 (a) the student must notify his or her *tax file number to:

 (i) an *appropriate officer of *Open Universities Australia; and

 (ii) the *Secretary;

  within 21 days from the day on which the *Commissioner issues the tax file number to the student; and

 (b) Open Universities Australia must be satisfied (in accordance with subsection 1871(4)) that this number is a valid *tax file number.

Division 190Who can the Commissioner notify of tax file number matters?

1901  When tax file numbers are issued etc.

 (1) The *Commissioner may give to a higher education provider, and to the *Secretary, written notice of the *tax file number of a student who is enrolled in a *course of study with the provider if the Commissioner:

 (a) issues the tax file number to the student; or

 (b) refuses to issue a tax file number to the student on the ground that the student already has a tax file number.

 (2) The *Commissioner may give to *Open Universities Australia, and to the *Secretary, written notice of the *tax file number of a student to whom Open Universities Australia provides access to a unit of study if the Commissioner:

 (a) issues the tax file number to the student; or

 (b) refuses to issue a tax file number to the student on the ground that the student already has a tax file number.

1905  When tax file numbers are altered

 (1) The *Commissioner may give to a higher education provider, and to the *Secretary, written notice of the *tax file number of a student who is enrolled in a *course of study with the provider if the Commissioner issues a new tax file number to the student in place of a tax file number that has been withdrawn.

 (2) That new number is taken to be the number that the student notified to the provider and to the *Secretary.

 (3) The *Commissioner may give to *Open Universities Australia, and to the *Secretary, written notice of the *tax file number of a student to whom Open Universities Australia provides access to a unit of study if the Commissioner issues a new tax file number to the student in place of a tax file number that has been withdrawn.

 (4) That new number is taken to be the number that the student notified to *Open Universities Australia and to the *Secretary.

19010  When tax file numbers are incorrectly notified—students with tax file numbers

 (1) If the *Commissioner is satisfied:

 (a) that the *tax file number that a student has notified to a higher education provider or the *Secretary (or both):

 (i) has been cancelled or withdrawn since the notification was given; or

 (ii) is otherwise wrong; and

 (b) that the student has a tax file number;

the Commissioner may give to the provider and the Secretary written notice of the incorrect notification and of the student’s tax file number.

 (2) That number is taken to be the number that the student notified to the provider and to the *Secretary.

 (3) If the *Commissioner is satisfied:

 (a) that the *tax file number that a student has notified to *Open Universities Australia or the *Secretary (or both):

 (i) has been cancelled or withdrawn since the notification was given; or

 (ii) is otherwise wrong; and

 (b) that the student has a tax file number;

the Commissioner may give to Open Universities Australia and the Secretary written notice of the incorrect notification and of the student’s tax file number.

 (4) That number is taken to be the number that the student notified to *Open Universities Australia and to the *Secretary.

19015  When tax file numbers are incorrectly notified—students without tax file numbers

 (1) If:

 (a) the *Commissioner is satisfied that the *tax file number that a student notified to a higher education provider or the *Secretary (or both):

 (i) has been cancelled since the notification was given; or

 (ii) is for any other reason not the student’s tax file number; and

 (b) the Commissioner is not satisfied that the student has a tax file number;

the Commissioner may give to the provider and the Secretary a written notice informing the provider and the Secretary accordingly.

 (1A) If:

 (a) the *Commissioner is satisfied that the *tax file number that a student notified to *Open Universities Australia or the *Secretary (or both):

 (i) has been cancelled since the notification was given; or

 (ii) is for any other reason not the student’s tax file number; and

 (b) the Commissioner is not satisfied that the student has a tax file number;

the Commissioner may give Open Universities Australia and the Secretary a written notice informing Open Universities Australia and the Secretary accordingly.

 (2) The *Commissioner must give a copy of any notice under subsection (1) or (1A) to the student concerned, together with a written statement of the reasons for the decision to give the notice.

Note: Decisions to give notice under subsection (1) or (1A) are reviewable under section 202F of the Income Tax Assessment Act 1936.

19020  When applications are refused or tax file numbers are cancelled

 (1) If the *Commissioner:

 (a) refuses a student’s application for the issue of a *tax file number; or

 (b) cancels a tax file number issued to a student;

the Commissioner may give to a higher education provider with which the student is enrolled in a *course of study, and to the *Secretary, a written notice informing the provider and the Secretary accordingly.

 (1A) If the *Commissioner:

 (a) refuses a student’s application for the issue of a *tax file number; or

 (b) cancels a tax file number issued to a student;

the Commissioner may, if access to a unit of study is provided to the student by *Open Universities Australia, give to Open Universities Australia, and to the *Secretary, a written notice informing Open Universities Australia and the Secretary accordingly.

 (2) The *Commissioner must give a copy of any notice under subsection (1) or (1A) to the student concerned, together with a written statement of the reasons for the decision to give the notice.

Note: Decisions to give notice under subsection (1) or (1A) are reviewable under section 202F of the Income Tax Assessment Act 1936.

Division 193Other provisions relating to tax file numbers

1931  Giving information about tax file number requirements

Requests for HECSHELP assistance or FEEHELP assistance—requirements on higher education providers

 (1) A higher education provider must notify a person in writing how to *meet the tax file number requirements if:

 (a) the person is enrolled in a unit of study with the provider; and

 (b) the person has, on or before the *census date for the unit, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to the unit or, where the *course of study of which the unit forms a part is undertaken with the provider, in relation to the course of study;

 (c) in that request, the person requests *HECSHELP assistance or *FEEHELP assistance for the unit or the course; and

 (d) the request does not include a number that purports to be the person’s *tax file number.

 (2) The provider must notify the person under subsection (1):

 (a) on or before the *census date for the unit; or

 (b) within 7 days after the person gives the provider the *request for Commonwealth assistance;

whichever is earlier.

Requests for FEEHELP assistance—requirements on Open Universities Australia

 (2A) *Open Universities Australia must notify a person in writing how to *meet the tax file number requirements if:

 (a) Open Universities Australia provides access to a unit of study to the person; and

 (b) the person has, on or before the *census date for the unit, completed, signed and given to an *appropriate officer of Open Universities Australia a *request for Commonwealth assistance in relation to the unit; and

 (c) in that request, the person requests *FEEHELP assistance for the unit; and

 (d) the request does not include a number that purports to be the person’s *tax file number.

 (2B) *Open Universities Australia must notify the person under subsection (2A):

 (a) on or before the *census date for the unit; or

 (b) within 7 days after the person gives Open Universities Australia the *request for Commonwealth assistance;

whichever is earlier.

 (2C) A request for Commonwealth assistance, in relation to a person to whom *Open Universities Australia provides access to a unit of study, means a document:

 (a) in which the person requests the Commonwealth to provide assistance under this Act in relation to the unit; and

 (b) that is in the form approved by the Minister.

Requests for OSHELP assistance

 (3) A higher education provider must notify a person in writing how to *meet the tax file number requirements if:

 (a) the person is enrolled in a *course of study with the provider; and

 (b) the person has, before receiving *OSHELP assistance, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance; and

 (c) in that request, the person requests OSHELP assistance in relation to a period of 6 months; and

 (d) the request does not include a number that purports to be the person’s *tax file number.

 (4) The provider must notify the person under subsection (3) within 7 days after the person gives the provider the *request for Commonwealth assistance.

Requests for SAHELP assistance

 (4A) A higher education provider must notify a person in writing how to *meet the tax file number requirements if:

 (a) the person is enrolled with the provider in a *course of study or *bridging course for overseastrained professionals; and

 (b) the provider has imposed a *student services and amenities fee on the person; and

 (c) the person has, on or before the day on which the fee is payable, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to a student services and amenities fee imposed on the person for a period during which he or she is enrolled in the course or bridging course; and

 (d) in that request, the person requests *SAHELP assistance for the student services and amenities fee; and

 (e) the request does not include a number that purports to be the person’s *tax file number.

 (4B) The provider must notify the person under subsection (4A):

 (a) on or before the day the *student services and amenities fee is payable; or

 (b) within 7 days after the person gives the provider the *request for Commonwealth assistance;

whichever is earlier.

Cases where there is no obligation to notify

 (5) This section does not apply to the person if:

 (a) the person, in the *request for Commonwealth assistance, requests *HECSHELP assistance, *FEEHELP assistance, *OSHELP assistance or *SAHELP assistance, but the person is not entitled to the assistance; or

 (b) the person, in the request for Commonwealth assistance, requests HECSHELP assistance in relation to a unit of study, but one or more *upfront payments for the unit have been made totalling 100% of the person’s *student contribution amount for the unit.

Note: In the circumstances set out in paragraph (5)(b), the HECSHELP assistance would not involve any loan by the Commonwealth to the person.

1935  No entitlement to HECSHELP assistance for students without tax file numbers

 (1) A higher education provider must cancel a person’s enrolment in a unit of study with the provider if:

 (a) the provider receives notice under section 19015 or 19020 to the effect that the person does not have, or no longer has, a *tax file number; and

 (b) at the end of 28 days after the provider receives that notice, the provider has not been notified of a number that the provider is satisfied (in accordance with subsection (3)) is a valid tax file number; and

 (c) the person is entitled to *HECSHELP assistance for the unit (ignoring paragraph 901(f)); and

 (d) the person has not paid, as one or more *upfront payments in relation to the unit, his or her *student contribution amount for the unit.

Note 1: If a person’s enrolment is cancelled under this section, the provider has certain payment obligations: see section 3624B.

Note 2: The person’s HELP balance in relation to the unit is recredited: see subsection 9727(1).

 (2) The provider must not accept a further enrolment of the person in that unit as a *Commonwealth supported student.

 (3) A higher education provider must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(b), comply with the guidelines issued by the *Commissioner under subsection 1871(4).

 (4) A higher education provider must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons who may be affected by subsection (1) or (3) of the need to obtain a valid *tax file number.

 (5) A guideline issued under subsection (4) is a legislative instrument.

19310  No entitlement to FEEHELP assistance for students without tax file numbers

 (1) This subsection applies to a person in relation to a unit of study if:

 (a) the person is enrolled with a higher education provider in the unit; and

 (b) access to the unit was not provided by *Open Universities Australia; and

 (c) the provider receives notice under section 19015 or 19020 to the effect that the person does not have, or no longer has, a *tax file number; and

 (d) at the end of 28 days after the provider receives that notice, the provider has not been notified of a number that the provider is satisfied (in accordance with subsection (3)) is a valid tax file number; and

 (e) the person is entitled to *FEEHELP assistance for the unit (ignoring paragraph 1041(1)(h)).

Note: The person’s HELP balance in relation to the unit is recredited: see subsection 10427(1).

 (2) This subsection applies to a person in relation to a unit of study if:

 (a) the person is enrolled in the unit; and

 (b) access to the unit was provided by *Open Universities Australia; and

 (c) Open Universities Australia receives notice under section 19015 or 19020 to the effect that the person does not have, or no longer has, a *tax file number; and

 (d) at the end of 28 days after Open Universities Australia receives that notice, Open Universities Australia has not been notified of a number that it is satisfied (in accordance with subsection (3)) is a valid tax file number; and

 (e) the person is entitled to *FEEHELP assistance for the unit (ignoring paragraph 1041(1)(h)).

Note: The person’s HELP balance in relation to the unit is recredited: see subsection 10427(2).

 (3) A higher education provider or *Open Universities Australia must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(d) or (2)(d), as the case may be, comply with the guidelines issued by the *Commissioner under subsection 1871(4).

 (4) A higher education provider or *Open Universities Australia must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons of the need to obtain a valid *tax file number, where the persons may be affected by subsection (1) or (2), as the case may be, applying to them.

 (5) A guideline issued under subsection (4) is a legislative instrument.

19315  No entitlement to SAHELP assistance for students without tax file numbers

 (1) This subsection applies to a person if:

 (a) a higher education provider has imposed a *student services and amenities fee on the person; and

 (b) the provider receives notice under section 19015 or 19020 to the effect that the person does not have, or no longer has, a *tax file number; and

 (c) at the end of 28 days after the provider receives that notice, the provider has not been notified of a number that the provider is satisfied (in accordance with subsection (2)) is a valid tax file number; and

 (d) the person is entitled to *SAHELP assistance for the fee (ignoring paragraph 1261(1)(c)).

Note: If subsection (1) applies to a person:

(a) the provider must repay any amount paid to the provider by the Commonwealth to discharge the person’s liability for the student services and amenities fee (see section 1285); and

(b) the person’s SAHELP debt relating to the payment by the Commonwealth is remitted (see subsection 13716(4)).

 (2) A higher education provider must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(c), comply with the guidelines issued by the *Commissioner under subsection 1871(4).

 (3) A higher education provider must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons of the need to obtain a valid *tax file number, where the persons may be affected by subsection (1) applying to them.

 (4) A guideline issued under subsection (3) is a legislative instrument.

Part 56Indexation

Division 198Indexation

1981  What this Part is about

Several amounts referred to in provisions of this Act are indexed. This Part sets out how those amounts are indexed.

Note 1: Different methods of indexation are used for the indexing of accumulated HELP debts under section 14010, and for the indexing of HELP repayment thresholds under section 15425.

Note 2: Guidelines may provide for amounts to be indexed using the method of indexation set out in this Part.

1985  The amounts that are to be indexed

 (1) This table sets out the amounts that are to be indexed.

 

Amounts that are to be indexed

Item

Amounts:

See:

1A

Amount mentioned in paragraph 1937(5)(e)

Section 1937

1

*Commonwealth contribution amount

Subsection 3310(1)

2A

*Grandfathered Commonwealth contribution amount

Subsection 3310(2)

2

Reduction amount

Section 3337

3

*Maximum student contribution amount for a place

Section 9310

4

The *HELP loan limit

Section 12820

5

*Maximum OSHELP (overseas study) amounts

Section 1215

6

The *maximum OSHELP (Asian language study) amount

Section 12115

 (2) The amount mentioned in the section referred to in an item of the table, for a calendar year with an indexation factor greater than 1, is replaced by the amount worked out in accordance with section 19810.

19810  Indexing amounts

 (1) An amount is indexed on 1 January each year, by multiplying it by the *indexation factor for the year.

 (2) However an amount is not indexed if its *indexation factor is 1 or less.

 (3) If an amount worked out under subsection (1) is an amount made up of dollars and cents, round the amount down to the nearest dollar.

19815  Meaning of indexation factor

 (1) The indexation factor for the relevant year is:

where:

December base quarter means the *quarter ending on the 31 December that is 2 years and a day before the relevant 1 January.

December reference quarter means the *quarter ending on the 31 December that is a year and a day before the relevant 1 January.

 (2) Work out the *indexation factor to 3 decimal places (rounding up if the fourth decimal place is 5 or more).

Example: If the factor is 1.102795, it is rounded up to 1.103.

19820  Meaning of index number

 (1) The index number for a *quarter is the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the *Australian Statistician in respect of that quarter.

 (2) Subject to subsection (3), if, at any time before or after the commencement of this subsection:

 (a) the *Australian Statistician has published or publishes an index number in respect of a *quarter; and

 (b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;

disregard the publication of the later index number for the purposes of this section.

 (3) If, at any time before or after the commencement of this subsection, the *Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this section after the change took place or takes place, have regard only to *index numbers published in terms of the new index reference period.

Part 57Review of decisions

Division 203Introduction

2031  What this Part is about

Some decisions made under this Act are subject to reconsideration and then review by the Administrative Appeals Tribunal.

Division 206Which decisions are subject to review?

2061  Reviewable decisions etc.

  The table sets out:

 (a) the reviewable decisions under this Act; and

 (b) the decision maker, for the purposes of this Division, in respect of each of those decisions.

 

Reviewable decisions

Item

Decision

Provision under which decision is made

Decision maker

1AA

A decision to impose a condition on the approval of a higher education provider

subsection 1660(1)

the Minister

1AB

A decision to vary a condition imposed on the approval of a higher education provider

subsection 1660(2)

the Minister

1a

A decision that section 3620 does not apply to a person

section 3620

(a) the higher education provider with whom the student is enrolled in the unit; or

(b) if the *Secretary made the decision that the section does not apply—the Secretary

1B

Refusal to recredit a person’s *HELP balance

subsection 9725(2)

(a) the higher education provider with whom the student is enrolled in the unit; or

(b) if the *Secretary made the decision to refuse the recrediting—the Secretary

2

Refusal to recredit a person’s *HELP balance

subsection 10425(1)

(a) the higher education provider with whom the student is enrolled in the unit; or

(b) if the *Secretary made the decision to refuse the recrediting—the Secretary

2A

Refusal to recredit a person’s *HELP balance

subsection 10425(2)

(a) *Open Universities Australia; or

(b) if the *Secretary made the decision to refuse the recrediting—the Secretary

2AA

A decision that the indexation of a person’s *accumulated HELP debt is not to be reduced, or is to be reduced in respect of a particular number of days

section 14210

the *Secretary

2AB

A decision that a person’s accumulated HELP debt is not to be reduced, or is to be reduced by a particular amount

section 14215

the *Secretary

3

Deferral of making an assessment or refusal to defer the making of an assessment

section 15445

the *Commissioner

4

Amending the assessment or refusal to amend an assessment

section 15450

the *Commissioner

5

A determination that Part 51A applies, or does not apply, to a specified higher education provider

subsection 1665(2)

the Minister

6

A decision that the *HELP Tuition Protection Director is satisfied that there are one or more suitable *replacement courses for a student

paragraph 16625(1)(a)

the *HELP Tuition Protection Director

7

A decision that the *HELP Tuition Protection Director is not satisfied that there is a suitable *replacement course for a student

paragraph 16625(1)(b)

the HELP Tuition Protection Director

Note 1: The decisions referred to in items 1A, 1B, 1 and 2 of the table are made by a higher education provider on the Secretary’s behalf.

Note 2: The decisions referred to in item 2A of the table are made by Open Universities Australia on the Secretary’s behalf.

2065  Deadlines for making reviewable decisions

  If:

 (a) this Act provides for a person to apply to a *decision maker to make a *reviewable decision; and

 (b) a period is specified under this Act for giving notice of the decision to the applicant; and

 (c) the decision maker has not notified the applicant of the decision maker’s decision within that period;

the decision maker is taken, for the purposes of this Act, to have made a decision to reject the application.

20610  Decision maker must give reasons for reviewable decisions

 (1) If this Act requires the *decision maker to notify a person of the making of a *reviewable decision, the notice must include reasons for the decision.

 (2) Subsection (1) does not affect an obligation, imposed upon the *decision maker by any other law, to give reasons for a decision.

Division 209How are decisions reconsidered?

2091  Reviewer of decisions

 (1) The reviewer of a *reviewable decision is:

 (a) if the *decision maker was a higher education provider acting on behalf of the *Secretary—the Secretary; or

 (b) if the *decision maker was *Open Universities Australia acting on behalf of the *Secretary—the Secretary; or

 (c) in any other case—the decision maker, but see subsection (2).

 (2) If:

 (a) a *reviewable decision was made by a delegate of a *decision maker; and

 (b) the decision is to be reconsidered by a delegate of the decision maker;

then the delegate who reconsiders the decision must be a person who:

 (c) was not involved in making the decision; and

 (d) occupies a position that is senior to that occupied by any person involved in making the decision.

Note 1: The Secretary may delegate to a review officer of a higher education provider the power to reconsider reviewable decisions made under section 3620 or Chapter 3: see subsection 2381(2).

Note 2: The Secretary may also delegate to a review officer of Open Universities Australia the power to reconsider reviewable decisions made under Chapter 3: see subsection 2381(2A).

2095  Reviewer may reconsider reviewable decisions

 (1) The *reviewer of a *reviewable decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.

 (2) The *reviewer may reconsider the decision even if:

 (a) an application for reconsideration of the decision has been made under section 20910; or

 (b) the decision has been confirmed, varied or set aside under section 20910 and an application has been made under section 2121 for review of the decision.

 (3) After reconsidering the decision, the *decision maker must:

 (a) confirm the decision; or

 (b) vary the decision; or

 (c) set the decision aside and substitute a new decision.

 (4) The *reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:

 (a) on the day specified in the decision on review; or

 (b) if a day is not specified—on the day on which the decision on review was made.

 (5) The *reviewer must give written notice of the decision on review to the person to whom that decision relates.

 (6) The notice:

 (a) must be given within a reasonable period after the decision is made; and

 (b) must contain a statement of the reasons for the *reviewer’s decision on review.

Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person’s review rights.

20910  Reconsideration of reviewable decisions on request

 (1) A person whose interests are affected by a *reviewable decision may request the *reviewer to reconsider the decision.

 (2) The person’s request must be made by written notice given to the *reviewer within 28 days, or such longer period as the reviewer allows, after the day on which the person first received notice of the decision.

 (3) The notice must set out the reasons for making the request.

 (4) After receiving the request, the *reviewer must reconsider the decision and:

 (a) confirm the decision; or

 (b) vary the decision; or

 (c) set the decision aside and substitute a new decision.

 (4A) Despite subsection (4), the *reviewer is not required to reconsider the decision if:

 (a) the decision was made under paragraph 16625(1)(b); and

 (b) the person gave notice in writing, under paragraph 16625(4)(c), that the person would not seek reconsideration of the decision.

 (5) The *reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:

 (a) on the day specified in the decision on review; or

 (b) if a day is not specified—on the day on which the decision on review was made.

 (5A) The *reviewer must give the person written notice of the decision on review.

 (5B) The notice:

 (a) must be given within a reasonable period after the decision on review is made; and

 (b) must contain a statement of the reasons for the decision on review.

 (6) The *reviewer is taken, for the purposes of this Part, to have confirmed the decision if the reviewer does not give notice of a decision to the person within 45 days after receiving the person’s request.

Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person’s review rights.

Division 212Which decisions are subject to AAT review?

2121  AAT review of reviewable decisions

 (1) An application may be made to the Administrative Appeals Tribunal for the review of a *reviewable decision that has been confirmed, varied or set aside under section 2095 or 20910.

 (2) Despite subsection (1), an application cannot be made for the review of a decision made under paragraph 16625(1)(a) or (b) (about suitable replacement courses).

Part 58Regulatory powers

 

2151  What this Part is about

Certain persons have monitoring and investigation powers under the Regulatory Powers Act to ensure this Act is being complied with.

This Part also provides for the application of the Regulatory Powers Act in relation to civil penalties, infringement notices, enforceable undertakings and injunctions.

2155  Monitoring powers

 (1) The provisions of this Act (other than Schedule 1A) are subject to monitoring under Part 2 of the *Regulatory Powers Act.

Note 1: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.

Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5AC of that Schedule.

 (2) Information given in compliance or purported compliance with a provision mentioned in subsection (1) is subject to monitoring under Part 2 of the *Regulatory Powers Act.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

 (3) For the purposes of Part 2 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

 (a) each *HESA investigator and *TEQSA investigator is an authorised applicant; and

 (b) each HESA investigator and TEQSA investigator is an authorised person; and

 (c) a *judicial officer is an issuing officer; and

 (d) for an authorised person who is a HESA investigator, the *Secretary is the relevant chief executive; and

 (e) for an authorised person who is a TEQSA investigator, the Chief Executive Officer of *TEQSA is the relevant chief executive; and

 (f) each *applicable court is a relevant court.

 (4) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to this Act (other than Schedule 1A).

21510  Investigation powers

 (1) A provision is subject to investigation under Part 3 of the *Regulatory Powers Act if it is:

 (a) a *civil penalty provision of this Act (other than Schedule 1A); or

 (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act (other than Schedule 1A).

Note 1: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.

Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5AC of that Schedule.

 (2) For the purposes of Part 3 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

 (a) each *HESA investigator and *TEQSA investigator is an authorised applicant; and

 (b) each HESA investigator and TEQSA investigator is an authorised person; and

 (c) a *judicial officer is an issuing officer; and

 (d) for an authorised person who is a HESA investigator, the *Secretary is the relevant chief executive; and

 (e) for an authorised person who is a TEQSA investigator, the Chief Executive Officer of *TEQSA is the relevant chief executive; and

 (f) each *applicable court is a relevant court.

 (3) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the *Regulatory Powers Act in relation to this Act (other than Schedule 1A).

21515  Civil penalty provisions

 (1) Each *civil penalty provision of this Act (other than Schedule 1A) is enforceable under Part 4 of the *Regulatory Powers Act.

Note 1: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5AA of that Schedule.

 (2) For the purposes of Part 4 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

 (a) each of the following is an authorised applicant:

 (i) the *Secretary;

 (ii) an SES employee, or an acting SES employee, in the Department; and

 (b) each *applicable court is a relevant court.

 (3) For the purposes of Part 4 of the *Regulatory Powers Act as it applies in relation to Part 51A of this Act, the *HELP Tuition Protection Director is an authorised applicant.

21520  Infringement notices

 (1) A *civil penalty provision of this Act (other than Schedule 1A) is subject to an infringement notice under Part 5 of the *Regulatory Powers Act.

Note 1: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5AB of that Schedule.

 (2) For the purposes of Part 5 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

 (a) each of the following is an infringement officer:

 (i) a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is an SES employee or an acting SES employee;

 (ii) a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position;

 (iii) an SES employee, or an acting SES employee, in the Department; and

 (b) the relevant chief executive is:

 (i) for an infringement notice given by an infringement officer covered by subparagraph (a)(i) or (ii)—the Chief Executive Officer of *TEQSA; or

 (ii) for an infringement notice given by an infringement officer covered by subparagraph (a)(iii)—the *Secretary.

 (3) For the purposes of Part 5 of the *Regulatory Powers Act as it applies in relation to Part 51A of this Act, the *HELP Tuition Protection Director:

 (a) is an infringement officer; and

 (b) is the relevant chief executive.

21525  Enforceable undertakings

 (1) The provisions of this Act (other than Schedule 1A) are enforceable under Part 6 of the *Regulatory Powers Act.

Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

 (2) For the purposes of Part 6 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

 (a) the *Secretary is an authorised person; and

 (b) each *applicable court is a relevant court.

21530  Injunctions

 (1) The provisions of this Act (other than Schedule 1A) are enforceable under Part 7 of the *Regulatory Powers Act.

Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

 (2) For the purposes of Part 7 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

 (a) the *Secretary is an authorised person; and

 (b) each *applicable court is a relevant court.

21535  Appointment of investigators

 (1) The *Secretary may, in writing, appoint a person as a HESA investigator.

 (2) The Chief Executive Officer of *TEQSA may, in writing, appoint a member of the staff of TEQSA (within the meaning of the *TEQSA Act) as a TEQSA investigator.

 (3) A person must not be appointed as a *HESA investigator, or a *TEQSA investigator, unless the appointer is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of such an investigator.

 (4) A *HESA investigator, and a *TEQSA investigator, must, in exercising powers as such, comply with any directions of the appointer.

 (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.

21540  Delegation of regulatory powers

 (1) The *Secretary may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to this Act (other than Schedule 1A), to an SES employee, or an acting SES employee, in the Department.

 (1A) The *HELP Tuition Protection Director may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to Part 51A of this Act, to an SES employee, or an acting SES employee, in the Department.

 (2) The Chief Executive Officer of *TEQSA may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to this Act, to a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is:

 (a) an SES employee or an acting SES employee; or

 (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.

 (3) A person exercising powers or performing functions under a delegation under subsection (1) or (2) must comply with any directions of the delegator.

21545  Contravening offence and civil penalty provisions

 (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.

 (2) For the purposes of this Act, and the *Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a *civil penalty provision includes a reference to a contravention of the conduct provision.

21550  Certain references to higher education provider include references to agent

  A reference in a *civil penalty provision in this Act to a higher education provider includes a reference to a person acting on behalf of the provider.

21555  Other enforcement action

  To avoid doubt, taking action under this Part does not limit the taking of action under any other provision of this Act.

Chapter 7Miscellaneous

 

 

2381A  Giving false or misleading information

 (1) A person contravenes this subsection if:

 (a) a person gives information or a document under, or for the purposes of, this Act; and

 (b) the information or document:

 (i) is false or misleading; or

 (ii) omits any matter or thing without which the information or document is misleading.

Civil penalty: 60 penalty units.

 (2) Subsection (1) does not apply if the information or document is not false or misleading in a material particular.

2381  Delegations by Secretary

 (1) The *Secretary may, in writing, delegate to an APS employee all or any of the powers of the Secretary under this Act, the regulations or any Guidelines made under section 23810.

 (2) The *Secretary may, in writing, delegate to a *review officer of a higher education provider the Secretary’s powers under Division 209 to reconsider *reviewable decisions made by the provider:

 (a) under section 3620; or

 (b) relating to Chapter 3.

 (2A) The *Secretary may, in writing, delegate to a *review officer of *Open Universities Australia the Secretary’s powers under Division 209 to reconsider *reviewable decisions made by Open Universities Australia relating to Chapter 3.

 (2B) A review officer of *Open Universities Australia is a person, or a person included in a class of persons, whom:

 (a) the chief executive officer of Open Universities Australia; or

 (b) a delegate of the chief executive officer of Open Universities Australia;

has appointed to be a review officer of Open Universities Australia for the purposes of reviewing decisions made by it relating to assistance under Chapter 3.

 (3) In exercising powers under the delegation, the delegate must comply with any directions of the *Secretary.

2385  Delegations by Minister

 (1) The Minister may, by writing, delegate to:

 (a) the *Secretary; or

 (aa) the *HELP Tuition Protection Director; or

 (b) an APS employee;

all or any of the Minister’s powers under this Act (other than under section 3845, 4145 or 4640).

 (2) In exercising powers under the delegation, the delegate must comply with any directions of the Minister.

2386  Delegations by HELP Tuition Protection Director

 (1) The *HELP Tuition Protection Director may, in writing, delegate all or any of the Director’s functions or powers under this Act (other than paragraph 16720(1)(e)) to an APS employee who holds or performs the duties of an APS Level 6 position, or an equivalent or higher position, in the Department.

Note: Paragraph 16720(1)(e) gives the HELP Tuition Protection Director the function of making a legislative instrument under section 12 of the Higher Education Support (HELP Tuition Protection Levy) Act 2020.

 (2) In exercising powers or performing functions under the delegation, the delegate must comply with any directions of the *HELP Tuition Protection Director.

2387  Review of operation of tuition protection

 (1) Before 1 July 2021, the Minister must commence a review of the operation of Parts 51A (about tuition protection) and 51B (about the *HELP Tuition Protection Fund and related matters).

Note: The review must be conducted at the same time as a review of the operation of Parts 5 and 5A of the Education Services for Overseas Students Act 2000 and of Parts 5A and 5B of the VET Student Loans Act 2016 (see section 113A of the latter Act).

 (2) The Minister must cause to be prepared a report of a review under subsection (1).

 (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.

2388  Extent of Commissioner’s general administration of this Act

  The *Commissioner has the general administration of this Act to the following extent:

 (a) Chapter 4, except section 15430;

 (b) section 17925;

 (c) section 17930, so far as it relates to the Commissioner;

 (d) Part 55;

 (e) Divisions 206 and 209, so far as they relate to *reviewable decisions for which the Commissioner is the *decision maker;

 (f) clause 76 of Schedule 1A;

 (g) clause 77 of Schedule 1A, so far as that clause relates to the Commissioner;

 (h) Division 15 of Schedule 1A.

Note: One effect of this is that this Act is to that extent a taxation law for the purposes of the Taxation Administration Act 1953.

23810  Guidelines

 (1) The Minister may, by legislative instrument, make Guidelines, specified in the second column of the table, providing for matters:

 (a) required or permitted by the corresponding provision (or a term defined in the Dictionary in Schedule 1 that is required for the purposes of the provision) specified in the third column of the table to be provided; or

 (b) necessary or convenient to be provided in order to carry out or give effect to that provision.

 

Guidelines

Item

Guidelines

Provision

1

Administration Guidelines

section 1937; section 3330; section 3621; Chapter 5

2

Commonwealth Grant Scheme Guidelines

Part 22

3

Commonwealth Scholarships Guidelines

Part 24

4

FEEHELP Guidelines

Part 33; section 12820

5

HECSHELP Guidelines

Part 32

6

Higher Education Provider Guidelines

Part 21; section 1041; Parts 51A and 51B; section 16917

6A

Indigenous Student Assistance Grants Guidelines

Part 22A

7

OSHELP Guidelines

Part 34

8

Other Grants Guidelines

Part 23

8AA

Very Remote HELP Debtor Guidelines

Part 41

8A

Overseas Debtors Repayment Guidelines

Part 42

10A

Student Services, Amenities, Representation and Advocacy Guidelines

section 1967

 (1A) The Minister may, by legislative instrument, make Guidelines, called Guidelines for Overseas Higher Education Providers, specifying additional requirements or conditions applicable to *Table C providers.

 (2) The Minister may, by legislative instrument, make Higher Education Provider Guidelines providing for matters required or permitted by the Higher Education Support (HELP Tuition Protection Levy) Act 2020 to be provided by the Higher Education Provider Guidelines.

Indexation

 (3) Guidelines may provide for the indexation of any or all amounts in the Guidelines, using the method of indexation set out in Part 56.

23812  Appropriation

  Amounts payable by the Commonwealth under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

23815  Regulations

  The GovernorGeneral may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Schedule 1AVET FEEHELP Assistance Scheme

Note: See section 61.

 

1  What this Schedule is about

This Schedule provides for loans, called VET FEEHELP assistance, to be made available to students enrolled in certain vocational education and training (VET) courses.

Note: VET FEEHELP assistance will be phased out during 2017 and 2018: see subclauses 6(5) and 43(3) to (7).

Part 1VET providers

Division 1Introduction

2  What this Part is about

A body has to be approved as a VET provider before its students can receive VET FEEHELP. This Part sets out VET provider application and approval processes.

VET providers are subject to the VET quality and accountability requirements.

A body’s approval as a VET provider may be revoked in circumstances such as breach of a VET quality and accountability requirement.

Note: The Minister must not approve a body as a VET provider after 4 October 2016: see subclause 6(5).

3  The VET Guidelines

  *VET providers and the *VET quality and accountability requirements are also dealt with in the *VET Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The VET Guidelines are made by the Minister under clause 99.

Division 3What is a VET provider?

Subdivision 3AGeneral

4  Meaning of VET provider

  A VET provider is a body that is approved under this Division.

5  When a body becomes or ceases to be a VET provider

 (1) A body becomes a *VET provider if approved by the Minister under clause 6.

 (2) A *VET provider ceases to be a provider if the provider’s approval is revoked or suspended under Division 5 or the notice of the provider’s approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.

Subdivision 3BHow are bodies approved as VET providers?

6  Approval by the Minister

 (1) The Minister, in writing, may approve a body as a *VET provider if:

 (aa) the body is a body corporate that is not the trustee of a trust; and

 (a) the body:

 (i) is established under the law of the Commonwealth, a State or a Territory; and

 (ii) carries on business in Australia; and

 (iii) has its central management and control in Australia; and

 (b) subject to subclause (2), providing education is, or is taken to be, the body’s principal purpose; and

 (c) the body is a *registered training organisation, as listed on the *National Register, that has been a registered training organisation since at least 1 January 2011; and

 (ca) the body has been offering:

 (i) at least one *qualifying VET course continuously since at least 1 January 2011; or

 (ii) one or more series of qualifying VET courses since at least 1 January 2011, with each course in a series superseding the other without interruption; and

 (d) the body either fulfils the *VET tuition assurance requirements or is exempted from those requirements under clause 8; and

 (da) the body offers at least one *VET course of study; and

 (e) the body applies for approval as provided for in clause 9; and

 (f) the Minister is satisfied that the body is willing and able to meet the *VET quality and accountability requirements; and

 (g) the body complies with any requirements set out in the VET Guidelines; and

 (h) the Minister is satisfied that:

 (i) the body; and

 (ii) each person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body’s affairs;

  is a fit and proper person.

 (1A) The Minister, in writing, may also approve a body as a *VET provider if:

 (a) the body is of a kind specified in the *VET Guidelines; and

 (b) the body:

 (i) is established under the law of the Commonwealth, a State or a Territory; and

 (ii) carries on business in Australia; and

 (iii) has its central management and control in Australia; and

 (c) subject to subclause (2), providing education is, or is taken to be, the body’s principal purpose; and

 (d) the body is a *registered training organisation as listed on the *National Register; and

 (da) the body has been offering:

 (i) at least one *qualifying VET course continuously since at least 1 January 2011; or

 (ii) one or more series of qualifying VET courses since at least 1 January 2011, with each course in a series superseding the other without interruption; and

 (e) the body either fulfils the *VET tuition assurance requirements or is exempted from those requirements under clause 8; and

 (f) the body offers at least one *VET course of study; and

 (g) the body applies for approval as provided for in clause 9; and

 (h) the Minister is satisfied that the body is willing and able to meet the *VET quality and accountability requirements; and

 (i) the body complies with any requirements set out in the VET Guidelines.

 (2) For the purpose of paragraph (1)(b) or (1A)(c), the Minister may determine that providing education is taken to be a body’s principal purpose if the Minister is satisfied that any of the body’s purposes do not conflict with the body’s purpose of providing education.

 (2A) For the purposes of (but without limiting) paragraph (1)(g) or (1A)(i), the requirements set out in the *VET Guidelines can include requirements relating to a body’s capacity to satisfactorily and sustainably provide *VET courses of study.

Note: These requirements could, for example, relate to the stability of the body’s ownership and management, its experience, its business relationships with particular kinds of educational institutions and its record in providing quality student outcomes.

 (3) The Minister must, in deciding whether he or she is satisfied that a person is a fit and proper person, take into account the matters specified in an instrument under subclause (4). The Minister may take into account any other matters he or she considers relevant.

 (4) The Minister must, by legislative instrument, specify matters for the purposes of subclause (3).

 (5) The Minister must not approve a body as a *VET provider after 4 October 2016.

7  The VET tuition assurance requirements

  The VET tuition assurance requirements are that the body complies with the requirements for VET tuition assurance set out in the *VET Guidelines.

8  VET tuition assurance requirements exemption for approvals

 (1) The Minister may, in writing, exempt a body from the *VET tuition assurance requirements for the purposes of approving the body under clause 6.

Note: This clause only deals with exemptions from the VET tuition assurance requirements when approving bodies as VET providers. The VET Guidelines will deal with exemptions from the VET tuition assurance requirements after approval has happened.

 (2) An exemption is subject to such conditions as are specified in the exemption.

Note: A body will not be exempt if a condition of the exemption is not complied with.

 (3) An exemption given under this clause is not a legislative instrument.

9  Application

 (1) A body that is a *registered training organisation may apply, in writing, to the Minister for approval as a *VET provider.

 (2) The application:

 (a) must be in the form approved by the Minister; and

 (b) must be accompanied by such information as the Minister requests.

 (3) If:

 (a) a body applies to the Minister for approval as a *VET provider; and

 (b) the Minister decides, under clause 6, not to approve the body as a VET provider;

the body cannot make a subsequent application for approval as a VET provider during the 6month period starting on the date of the notice given to the applicant under paragraph 11(1)(b) about the decision.

10  Minister may seek further information

 (1) For the purposes of determining an application, the Minister may, by notice in writing, require an applicant to provide such further information as the Minister directs within the period specified in the notice.

 (2) If an applicant does not comply with a requirement under subclause (1), the application is taken to have been withdrawn.

 (3) A notice under this clause must include a statement about the effect of subclause (2).

11  Minister to decide application

 (1A) The Minister is not required to comply with this clause after 4 October 2016.

Note: The Minister must not approve a body as a VET provider after 4 October 2016: see subclause 6(5).

 (1) The Minister must:

 (a) decide an application for approval as a *VET provider; and

 (b) cause the applicant to be notified in writing whether or not the applicant is approved as a VET provider.

 (2) For the purposes of paragraph 6(1)(f) or 6(1A)(h):

 (a) the Minister may be satisfied that a body is willing and able to meet the *VET quality and accountability requirements if the body gives the Minister such written undertakings as the Minister requires; and

 (b) the Minister may be satisfied that a body is willing and able to meet:

 (i) the *VET quality and accountability requirements; or

 (ii) one or more of the requirements referred to in paragraphs 13(a) to (f);

  if a body approved under the *VET Guidelines so recommends in accordance with those guidelines.

 (2A) Subclause (2) does not limit the circumstances in which the Minister may be satisfied, for the purposes of paragraph 6(1)(f) or 6(1A)(h), that a body is willing and able to meet the *VET quality and accountability requirements.

 (3) The Minister’s decision must be made:

 (a) within 90 days after receiving the application; or

 (b) if further information is requested under clause 10—within 60 days after the end of the period within which the information was required to be provided under that clause;

whichever is the later.

 (3A) However, contravention of subclause (3) does not affect the Minister’s power to decide the application or the Minister’s obligation to comply with subclause (1).

 (4) If the Minister decides that an applicant is approved as a *VET provider, the notice must also contain such information as is specified in the *VET Guidelines as information that must be provided to an applicant upon approval as a VET provider.

12  Approvals are legislative instruments

 (1) A notice of approval under paragraph 11(1)(b) is a legislative instrument.

 (2) A decision of the Minister to approve a body as a *VET provider takes effect when the notice of approval commences under the Legislation Act 2003.

Note: Section 12 of the Legislation Act 2003 provides for when a legislative instrument commences.

12A  Conditions of approval

 (1) The Minister may impose conditions on a body’s approval as a *VET provider. Such conditions need not be imposed at the time notice of approval is given to the provider.

 (2) The Minister may vary a condition imposed under subclause (1).

12B  Minister to cause VET provider to be notified of change in condition of approval

  The Minister must, within 30 days of his or her decision to impose or vary a condition on a *VET provider, cause the provider to be notified, in writing, of:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) the period for which the condition is imposed.

12C  Variation of approval if body’s name changes

 (1) If a body is approved as a *VET provider under clause 6 and the body’s name changes, the Minister may vary the approval to include the new name.

 (2) The Minister must notify the body in writing of the variation.

 (3) A notice of variation under subclause (2) is a legislative instrument.

 (4) The variation takes effect when the notice of variation commences under the Legislation Act 2003.

Note: Section 12 of the Legislation Act 2003 provides for when a legislative instrument commences.

Division 4What are the VET quality and accountability requirements?

Subdivision 4AGeneral

13  The VET quality and accountability requirements

  The VET quality and accountability requirements are:

 (a) the *VET financial viability requirements (see Subdivision 4B); and

 (b) the *VET quality requirements (see Subdivision 4C); and

 (c) the *VET fairness requirements (see Subdivision 4D); and

 (d) the *VET compliance requirements (see Subdivision 4E); and

 (e) the *VET fee requirements (see Subdivision 4F); and

 (f) any other requirements for VET quality and accountability set out in the *VET Guidelines.

Subdivision 4BThe VET financial viability requirements

14  Basic requirement

  A *VET provider:

 (a) must be financially viable; and

 (b) must be likely to remain financially viable.

15  Financial information must be provided

 (1) A *VET provider must give to the Minister a financial statement for each *annual financial reporting period for the provider in which a student of the provider receives assistance under this Schedule.

 (2) The statement:

 (a) must be in the form approved by the Minister; and

 (b) must be provided with a report, on the statement, by:

 (i) the AuditorGeneral of a State, of the Australian Capital Territory or of the Northern Territory; or

 (ii) a registered company auditor (within the meaning of section 9 of the Corporations Act 2001), who is independent of the *VET provider; or

 (iii) a person approved by the Minister under paragraph (d) of the definition of qualified auditor in subclause 1(1) of Schedule 1, who is independent of the VET provider; and

 (c) must be provided within 6 months after the end of the *annual financial reporting period for which the statement was given.

 (3) An annual financial reporting period, for a *VET provider, is the period of 12 months:

 (a) to which the provider’s accounts relate; and

 (b) that is notified in writing to the Minister as the provider’s annual financial reporting period.

16  Minister to have regard to financial information

  In determining whether a *VET provider is financially viable, and likely to remain so, the Minister must have regard to:

 (a) any financial statement provided by the provider under clause 15; and

 (b) any financial information provided by the provider in response to a notice given to the provider under clause 24.

Subdivision 4CThe VET quality requirements

17  Provider must maintain quality

 (1) A *VET provider must operate, and continue to operate, at an appropriate level of quality for a VET provider.

 (1A) To avoid doubt, subclause (1) covers the quality of all of a *VET provider’s operations.

 (2) The Minister must not determine that a *VET provider meets an appropriate level of quality for a VET provider unless the Minister is satisfied that the provider meets the requirements relating to quality set out, or referred to, in the *VET Guidelines.

 (4) Despite subsection 14(2) of the Legislation Act 2003, the *VET Guidelines may refer to a requirement by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

Subdivision 4DThe VET fairness requirements

18  Equal benefits and opportunity requirements

  A *VET provider must comply with the requirements relating to equal benefits and opportunity for students that are set out in the *VET Guidelines.

19  Student grievance and review requirements

  A *VET provider must comply with the requirements relating to student grievance and review procedures that are set out in the *VET Guidelines.

20  Tuition assurance requirements

 (1) A *VET provider must comply with the *VET tuition assurance requirements.

 (2) The Minister may, by declaration in writing, exempt a specified *VET provider from the requirement in subclause (1).

 (3) An exemption:

 (a) is subject to such conditions as are specified in the exemption; and

 (b) may be expressed to be in force for a period specified in the exemption.

Note: A body will not be exempt if a condition of the exemption is not complied with.

 (4) An exemption given under this clause is not a legislative instrument.

21  VET providers to appoint review officers

 (1) A *VET provider must appoint a *review officer to undertake reviews of decisions made by the provider relating to assistance under Part 2.

Note: The Secretary may delegate to a review officer of a VET provider the power to reconsider decisions of the provider under Subdivision 16C: see subclause 98(2).

 (2) A review officer of a *VET provider is a person, or a person included in a class of persons, whom:

 (a) the chief executive officer of the provider; or

 (b) a delegate of the chief executive officer of the provider;

has appointed to be a review officer of the provider for the purposes of reviewing decisions made by the provider relating to assistance under Part 2.

22  Review officers not to review own decisions

  A *VET provider must ensure that a *review officer of the provider:

 (a) does not review a decision that the review officer was involved in making; and

 (b) in reviewing a decision of the provider, occupies a position that is senior to that occupied by any person involved in making the original decision.

23  Procedures relating to personal information

 (1) A *VET provider must comply with the Australian Privacy Principles in respect of *VET personal information obtained for the purposes of Part 2 of this Schedule or Chapter 4.

 (2) A *VET provider must have a procedure under which a student enrolled with the provider may apply to the provider for, and receive, a copy of *VET personal information that the provider holds in relation to that student.

 (3) The provider must comply with:

 (a) the requirements of the *VET Guidelines relating to *personal information in relation to students; and

 (b) the procedure referred to in subclause (2).

Subdivision 4EThe VET compliance requirements

23A  Basic requirement

  A *VET provider must comply with:

 (a) this Act and the regulations; and

 (b) *VET Guidelines that apply to the provider; and

 (c) a condition imposed on the provider’s approval as a VET provider.

23B  Entry procedure for students

 (1) A *VET provider must make and publish a *student entry procedure in accordance with the *VET Guidelines.

 (2) A *VET provider must comply with its *student entry procedure.

 (3) A student entry procedure is a written procedure that specifies, in accordance with the *VET Guidelines:

 (a) when a student is academically suited to undertake a *VET course of study; and

 (b) how to assess whether a student is so suited; and

 (c) how to report to the *Secretary about the results of such assessments; and

 (d) how long the *VET provider must retain those results.

Note: The VET Guidelines could, for example, require a student entry procedure to:

(a) set out the literacy, numeracy and general academic skills needed by a student to undertake a VET course of study; and

(b) provide for assessments of those skills to be conducted online.

 (4) For the purposes of subclause (3), the *VET Guidelines may empower:

 (a) a person or body:

 (i) to decide whether to approve a particular tool for use when assessing whether a student is academically suited to undertake a *VET course of study; and

 (ii) to charge a fee for making such a decision; and

 (b) a person or body to charge a fee for the use of a tool for such an assessment.

A fee so charged must not be such as to amount to taxation.

23C  Receiving requests for Commonwealth assistance

 (1) A *VET provider must not treat a student as being entitled to *VET FEEHELP assistance for a *VET unit of study if:

 (a) the student gives an *appropriate officer of the VET provider:

 (i) a *request for Commonwealth assistance relating to the unit or a *VET course of study of which the unit forms a part; or

 (ii) a form that would be such a request if it were signed by a *responsible parent of the student; and

 (b) the student is not entitled to that assistance for that unit or course.

Note: To be a request for Commonwealth assistance, a responsible parent must sign the form if the student is under 18 years old and subclause 88(3A) applies (see paragraph 88(3)(aa)).

 (2) Before a *VET provider enrols a student in a *VET unit of study less than 2 business days before the *census date for the unit, the VET provider must advise the student that the student will not be able to receive *VET FEEHELP assistance for the unit.

 (3) Before a *VET provider enrols a student in a *VET unit of study, the VET provider must advise the student that any *request for Commonwealth assistance by the student in relation to the unit must be given:

 (a) at least 2 business days after the student enrols in:

 (i) if the *VET course of study of which the unit forms a part is undertaken with the provider—the course; or

 (ii) otherwise—the unit; and

 (b) on or before the *census date for the unit;

if the student has not already given an *appropriate officer of the VET provider such a request relating to the course.

 (4) A *VET provider must not encourage a student to give a *request for Commonwealth assistance relating to a *VET unit of study so that the request is given less than 2 business days after the student enrols in the unit.

24  VET provider to provide statement of general information

 (1) A *VET provider must give to the Minister such statistical and other information that the Minister by notice in writing requires from the provider in respect of:

 (a) the provision of vocational education and training by the provider; and

 (b) compliance by the provider with the requirements of this Schedule.

 (2) The information must be provided:

 (a) in a form (if any) approved by the Minister for the information; and

 (b) in accordance with such other requirements as the Minister makes.

 (3) A notice under this section must not require the giving of information that a *VET provider is required to give to the Minister under clause 28.

25  Notice of events that affect provider’s ability to comply with VET quality and accountability requirements

 (1) A *VET provider must, by writing, inform the Minister of any event affecting:

 (a) the provider; or

 (b) a *related body corporate of the provider;

that may significantly affect the provider’s capacity to meet the *VET quality and accountability requirements.

 (2) A *VET provider must, by writing, inform the Minister of any event that may significantly affect whether:

 (a) if the VET provider was approved under subclause 6(1)—any of the conditions in subclause 6(1) are or could be met in relation to the provider after the event; or

 (aa) if the VET provider was approved under subclause 6(1A)—any of the conditions in subclause 6(1A) are or could be met in relation to the provider after the event; or

 (b) there is or may be a ground for revoking under Subdivision 5B the approval of the VET provider.

 (3) A notice under subclause (1) or (2) must be given to the Minister as soon as practicable after the *VET provider becomes aware of the event mentioned in the subclause.

25A  Copy of notice given to National VET Regulator about material changes

 (1) If a *VET provider gives the *National VET Regulator a notice under section 25 of the National Vocational Education and Training Regulator Act 2011, the provider must give a copy of the notice to the Minister.

 (2) A copy of the notice must be given to the Minister at the same time it must be given to the *National VET Regulator.

26  Compliance assurance—provider

 (1) The Minister may require a *VET provider to be audited:

 (a) about compliance with any or all of the following requirements:

 (i) the *VET financial viability requirements;

 (ii) the *VET fairness requirements;

 (iii) the *VET compliance requirements;

 (iv) the *VET fee requirements;

 (v) other requirements for VET quality and accountability set out in the *VET Guidelines; or

 (b) about any or all of the following matters relating to *VET courses of study provided by the VET provider:

 (i) the approaches used to recruit or enrol students (or potential students) of those courses who receive (or who could receive) *VET FEEHELP assistance for *VET units of study forming part of those courses;

 (ii) the veracity of enrolments in those courses of students who receive VET FEEHELP assistance for VET units of study forming part of those courses;

 (iii) the level of teaching resources, or the quality of those resources, for any of those courses;

 (iv) the level of engagement in any of those courses of students who receive VET FEEHELP assistance for VET units of study forming part of those courses;

 (v) the completion rates for any of those courses of students who receive VET FEEHELP assistance for VET units of study forming part of those courses.

 (2) The audit must be conducted:

 (a) by a body determined in writing by the Minister; and

 (b) at such time or times, and in such manner, as the Minister requires.

 (2A) To avoid doubt, if the Minister makes a determination under subclause (2) in relation to the *National VET Regulator, the determination is not a direction for the purpose of subsection 160(2) of the National Vocational Education and Training Regulator Act 2011.

 (3) The provider must:

 (a) fully cooperate with the auditing body in the course of its audit; and

 (b) pay to the auditing body any charges payable for such an audit.

 (4) A determination made under paragraph (2)(a) is not a legislative instrument.

26A  Compliance notices

Grounds for giving a compliance notice

 (1) The Minister may give a *VET provider a written notice (a compliance notice) in accordance with this clause if the Minister is satisfied that the provider has not complied with, or is aware of information that suggests that the provider may not comply with, one or more of the following:

 (a) this Act or the regulations;

 (b) *VET Guidelines that apply to the provider;

 (c) a condition imposed on the provider’s approval as a VET provider.

Content of compliance notice

 (2) The compliance notice must:

 (a) set out the name of the provider to which the notice is given; and

 (b) set out brief details of the noncompliance or possible noncompliance; and

 (c) specify action that the provider must take, or refrain from taking, in order to address the noncompliance or possible noncompliance; and

 (d) specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

 (e) if the Minister considers it appropriate—specify a reasonable period within which the provider must provide the Minister with evidence that the provider has taken, or refrained from taking, the specified action; and

 (f) in any case—state that a failure to comply with the notice is a breach of a *VET quality and accountability requirement which may lead to the provider’s approval as a *VET provider being suspended or revoked; and

 (g) in any case—set out any other matters specified in the *VET Guidelines for the purposes of this paragraph.

Matters that Minister must consider in giving compliance notice

 (3) In deciding whether to give the compliance notice, the Minister must consider all of the following matters:

 (a) whether the noncompliance or possible noncompliance is of a minor or major nature;

 (b) the period for which the provider has been approved as a *VET provider;

 (c) the provider’s history of compliance with:

 (i) this Act and the regulations; and

 (ii) the *VET Guidelines that apply to the provider; and

 (iii) any conditions imposed on the provider’s approval as a VET provider;

 (d) the impact of the VET provider’s noncompliance or possible noncompliance, and of the proposed compliance notice, on:

 (i) the VET provider’s students; and

 (ii) the provision of vocational education and training generally;

 (e) the public interest;

 (f) any other matter specified in the VET Guidelines for the purposes of this paragraph.

VET provider to comply with compliance notice

 (4) A *VET provider must comply with a compliance notice given to the provider under this clause.

Note: A failure to comply with a compliance notice is a breach of a VET quality and accountability requirement which may lead to the provider’s approval as a VET provider being suspended or revoked (see clauses 33 and 36).

Variation and revocation of compliance notice

 (5) The Minister may, by written notice given to the *VET provider, vary or revoke a compliance notice if, at the time of the variation or revocation, the Minister considers that taking such action is in the public interest.

Note: A variation could, for example, specify different action to be taken by the provider or a different period for complying with the notice.

 (6) In deciding whether to vary or revoke the compliance notice, the Minister must consider any submissions that are received from the *VET provider before the end of the period mentioned in paragraph (2)(d).

Compliance notice not required before suspending or revoking approval

 (7) To avoid doubt, the Minister need not give a compliance notice under this clause before suspending or revoking the *VET provider’s approval as a VET provider in accordance with Division 5 of this Schedule.

Subdivision 4FThe VET fee requirements

27  Determining tuition fees for all students

 (1) This section applies to a *VET unit of study that a *VET provider provides or proposes to provide during a period ascertained in accordance with the *VET Guidelines.

 (2) The provider must determine, for the unit, the VET tuition fees that are to apply to students who may enrol in the unit during the period.

 (3) In determining *VET tuition fees under subclause (2), the provider may have regard to any matters the provider considers appropriate, other than matters specified in the *VET Guidelines as matters to which a provider must not have regard.

 (4) The provider must not vary a *VET tuition fee unless the provider:

 (a) does so:

 (i) before the date ascertained in accordance with the *VET Guidelines; and

 (ii) in circumstances specified in the VET Guidelines; or

 (b) does so with the written approval of the Minister.

27A  Requirements in the VET Guidelines

  A *VET provider must comply with any requirements set out in the *VET Guidelines relating to:

 (a) fees for *VET units of study; or

 (b) fees for *VET courses of study; or

 (c) matters or things for which fees may be charged.

28  Schedules of VET tuition fees

General rule

 (1) A *VET provider must give the Minister a schedule of the *VET tuition fees determined under clause 27 for all the VET units of study it provides or proposes to provide, other than under *VET restricted access arrangements, during a period ascertained in accordance with the *VET Guidelines. It must give the schedule:

 (a) in a form approved by the Minister; and

 (b) in accordance with the requirements that the Minister determines in writing.

 (2) The provider must:

 (a) ensure that the schedule provides sufficient information to enable a person to work out the person’s *VET tuition fee for each *VET unit of study the provider provides or is to provide; and

 (b) publish the schedule for a particular period by the date ascertained in accordance with the *VET Guidelines; and

 (c) ensure that the schedule is available to all students enrolled, and persons seeking to enrol, with the provider on request and without charge.

Restricted access arrangements

 (2A) A *VET provider must give the Minister a schedule of the *VET tuition fees determined under clause 27 for each *VET unit of study it provides or proposes to provide under a *VET restricted access arrangement during a period ascertained in accordance with the *VET Guidelines. It must give the schedule:

 (a) in a form approved by the Minister; and

 (b) in accordance with the requirements that the Minister determines in writing.

 (2B) The provider must:

 (a) ensure that the schedule provides sufficient information to enable a person to work out the person’s *VET tuition fee for the *VET unit of study the provider provides or is to provide under the *VET restricted access arrangement; and

 (b) ensure that the schedule is available, on request and without charge, to all students enrolled, or eligible to be enrolled, under the VET restricted access arrangement.

Replacement schedules

 (3) If:

 (a) the provider has given the Minister a schedule (the previous schedule) under:

 (i) subclause (1) or (2A); or

 (ii) this subclause; and

 (b) the provider varies a *VET tuition fee in the previous schedule;

the provider must:

 (c) by written notice given to the Minister:

 (i) withdraw the previous schedule; and

 (ii) inform the Minister of the variation; and

 (d) give the Minister a replacement schedule incorporating the variation.

Note: The provider must comply with subclause 27(4) when varying a tuition fee.

 (4) Subclauses (1) to (2B) apply to the replacement schedule in a corresponding way to the way in which they apply to the previous schedule.

Division 5When does a body cease to be a VET provider?

Subdivision 5AGeneral

29  Cessation of approval as a provider

  A body ceases to be approved as a *VET provider:

 (a) if a decision to revoke the approval is in effect under Subdivision 5AA, 5B or 5D; or

 (b) while the approval is suspended under clause 36; or

 (c) if the notice of the provider’s approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.

29A  Minister to notify relevant VET Regulator of cessation of approval

  If a body ceases to be approved as a *VET provider, the Minister must ensure that the relevant *VET Regulator is notified, in writing, of the cessation.

Subdivision 5AARevocation of approval if registration ceases or winding up order made

29B  Automatic revocation of approval if registration ceases

 (1) The Minister must revoke a body’s approval as a *VET provider if:

 (a) the body ceases to be listed as a *registered training organisation on the *National Register; and

 (b) in a case where the relevant *VET Regulator has made any of the following decisions, the decision has not been set aside or quashed, and is no longer *subject to review:

 (i) a decision under section 31 of the National Vocational Education and Training Regulator Act 2011 to refuse an application to renew the body’s registration as an NVR registered training organisation;

 (ii) a decision under section 39 of that Act to cancel the body’s registration as an NVR registered training organisation;

 (iii) a decision under a law of a State that has a similar effect to a decision referred to in subparagraph (i) or (ii).

 (2) The Minister must notify the body in writing of the revocation. The notice must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.

 (3) A notice of revocation under subclause (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the notice.

 (4) A decision of the Minister to revoke a body’s approval as a *VET provider takes effect on the day that the notice of revocation under subclause (2) is registered in the *Federal Register of Legislation.

29C  Automatic revocation of approval if winding up order made

 (1) The Minister must revoke a body’s approval as a *VET provider if:

 (a) an order is made by a court, or by the Australian Securities and Investments Commission under Part 5.4C of the Corporations Act 2001, for the winding up of the body; and

 (b) the order has not been set aside or quashed, and is no longer *subject to review.

 (2) The Minister must notify the body in writing of the revocation. The notice must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.

 (3) A notice of revocation under subclause (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the notice.

 (4) A decision of the Minister to revoke a body’s approval as a *VET provider takes effect on the day that the notice of revocation under subclause (2) is registered in the *Federal Register of Legislation.

Subdivision 5BRevocation for cause

30  Revocation of approval if application for approval as a provider is false or misleading

  The Minister may revoke a body’s approval as a *VET provider if the Minister:

 (a) is satisfied that the body’s application under clause 9 for approval as a VET provider contained material that was false or misleading; and

 (b) complies with the requirements of clause 34.

30A  Revocation of approval if body’s links to Australia are broken

  The Minister may revoke a body’s approval as a *VET provider if:

 (a) the body ceases to be one described in paragraph 6(1)(a) or 6(1A)(b); and

 (b) the Minister complies with the requirements of clause 34.

31  Revocation of approval if providing education ceases to be the body’s principal purpose

  The Minister may revoke a body’s approval as a *VET provider if:

 (a) either:

 (i) providing education is no longer, or is no longer taken to be, the body’s principal purpose; or

 (ii) the Minister is satisfied that any of the body’s purposes conflict with the body’s principal purpose of providing education; and

 (b) the Minister complies with the requirements of clause 34.

32A  Revocation of approval if body ceases to offer VET courses of study

  The Minister may revoke a body’s approval as a *VET provider if:

 (a) the body no longer offers any *VET courses of study; and

 (b) the Minister complies with the requirements of clause 34.

33  Revocation of approval as a provider for a breach of the VET quality and accountability requirements or of conditions

 (1) The Minister may revoke a body’s approval as a *VET provider if the Minister:

 (a) is satisfied that the body has either:

 (i) breached a *VET quality and accountability requirement; or

 (ii) breached a condition imposed on the body’s approval; and

 (b) is satisfied that it is appropriate to take that action (see subclause (2)); and

 (c) complies with the requirements of clause 34.

Note: Clause 12A allows conditions to be imposed on the body’s approval.

 (2) Without limiting the matters that the Minister may consider in deciding whether it is appropriate under this clause to revoke a body’s approval as a *VET provider, the Minister may consider any or all of the following matters:

 (a) whether the breach in question is of a minor or major nature;

 (b) whether the breach has occurred before and, if so, how often;

 (c) the impact that the breach may have on the body’s students;

 (d) the impact of the breach on the *VET courses of study provided by the body;

 (e) the impact of the breach on Australia’s reputation as a provider of high quality education;

 (f) any other matter set out in the *VET Guidelines.

33A  Revocation of approval as a provider if provider etc. not a fit and proper person

 (1) The Minister may revoke a body’s approval as a *VET provider if the Minister:

 (a) is satisfied that:

 (i) the body; or

 (ii) at least one person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body’s affairs;

  is not a fit and proper person; and

 (b) complies with the requirements of clause 34.

 (2) The Minister must, in deciding whether he or she is satisfied that a person is not a fit and proper person, take into account the matters specified in an instrument under subclause 6(4). The Minister may take into account any other matters he or she considers relevant.

Subdivision 5CProcess for decisions on revocation under Subdivision 5B

34  Process for revoking approval

 (1) Before revoking a body’s approval as a *VET provider under Subdivision 5B, the Minister must give the body notice in writing:

 (a) stating that the Minister is considering revoking the body’s approval; and

 (b) stating the reasons why the Minister is considering revoking the body’s approval; and

 (c) inviting the body to make written submissions to the Minister within 28 days concerning why the approval should not be revoked.

 (2) In deciding whether or not to revoke a body’s approval under Subdivision 5B, the Minister must consider any submissions received from the body within the 28 day period.

 (3) The Minister must notify the body in writing of his or her decision whether to revoke the body’s approval under Subdivision 5B. The notice:

 (a) must be in writing; and

 (b) must be given within the period of 28 days following the period in which submissions may have been given to the Minister under subclause (1); and

 (c) if the Minister decides to revoke the body’s approval—must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.

 (3A) A notice of revocation under subclause (3) is a legislative instrument.

 (4) If no notice is given within the period provided for in subclause (3), the Minister is taken to have decided not to revoke the approval.

 (5) A decision of the Minister to revoke a body’s approval as a *VET provider takes effect on the day that the notice of revocation under subclause (3) is registered in the *Federal Register of Legislation.

 (6) If the notice of revocation under subclause (3) ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003, then the decision to revoke the approval ceases to have effect at the same time.

35  Determination retaining approval as a provider in respect of existing students

 (1) The Minister may determine, in writing, that a revocation of a body’s approval as a *VET provider under Subdivision 5B is of no effect for the purposes of assistance payable to the body’s students under Part 2 to the extent that the assistance relates to students of the body who have not completed the *VET courses of study in which they were enrolled with the body on the day referred to in subclause 34(5).

 (2) The determination may be included in the notice of revocation under subclause 34(3).

 (3) The body is taken, for the purposes of this Schedule, to continue to be a *VET provider, but only to the extent referred to in subclause (1).

 (4) Subclause (3) does not prevent the Minister subsequently revoking the body’s approval as a *VET provider under this Division.

36  Suspension of approval as a provider

Suspension pending revocation

 (1) The Minister may, by legislative instrument, determine that, with effect from a specified day, a body’s approval as a *VET provider is suspended pending the making of a decision under Subdivision 5B as to whether to revoke the body’s approval as a provider.

 (2) A copy of the determination must be given to the body concerned.

 (2A) Before making a determination under subclause (1) in respect of a body, the Minister must give the body notice in writing:

 (a) stating that the Minister is considering suspending the body’s approval; and

 (b) stating the reasons why the Minister is considering suspending the body’s approval; and

 (c) inviting the body to respond to the Minister, in writing, within 14 days of the date of the notice.

 (2B) In deciding whether or not to make a determination under subclause (1), the Minister must consider any response received from the body within the 14 day period.

 (3) If the Minister makes a determination under subclause (1) in respect of a body, the Minister must give to the body a notice under clause 34 within a reasonable period of time after giving a copy of the determination to the body.

 (4) A determination under this clause:

 (a) takes effect accordingly on the day specified in the determination; and

 (b) ceases to have effect if the Minister decides not to revoke the body’s approval as a *VET provider.

Suspension for poor performance

 (5) The *Secretary may, in writing, suspend a body’s approval as a *VET provider if:

 (a) an audit of the body has been conducted about any or all of the matters in paragraph 26(1)(b); and

 (b) the audit identified one or more concerns; and

 (c) those concerns have yet to be resolved as described in paragraph (6)(b).

 (6) The suspension:

 (a) starts on the day of the decision under subclause (5); and

 (b) ends on the day (if any) that the *Secretary notifies the body, in writing, that the Secretary reasonably believes that those concerns have been satisfactorily resolved by the body in accordance with a plan agreed between the body and the Commonwealth.

 (7) Before making a decision under subclause (5), the *Secretary must give the body a notice in writing:

 (a) stating that the Secretary is considering making the decision; and

 (b) stating the reasons why the Secretary is considering making the decision; and

 (c) inviting the body to respond to the Secretary, in writing, within 14 days; and

 (d) informing the body that, if no response is received within the 14 day period, the Secretary may proceed to make the decision.

 (8) In deciding whether to make the decision under subclause (5), the *Secretary must consider any response received from the body within the 14 day period.

 (9) The *Secretary must give written notice of a decision under subclause (5) to the body. The notice must be given within 14 days after the day the decision was made.

37  Determination retaining approval as a provider in respect of existing students following suspension of approval

Suspension pending revocation

 (1) The Minister may determine, in writing, that a suspension of a body’s approval as a *VET provider under subclause 36(1) is of no effect for purposes of or relating to assistance payable to the body’s students under Part 2 to the extent that the assistance relates to students of the body who have not completed the *VET courses of study in which they were enrolled with the body on the day specified for the purposes of paragraph 36(4)(a).

 (2) A copy of the determination must be given to the body concerned.

 (3) The body is taken, for the purposes of this Schedule, to continue to be a *VET provider, but only to the extent referred to in subclause (1).

 (4) Subclause (3) does not prevent the Minister subsequently revoking the body’s approval as a *VET provider under this Division.

 (5) A determination made under subclause (1) is not a legislative instrument.

Suspension for poor performance—no impact on existing students

 (6) A suspension of a body’s approval as a *VET provider under subclause 36(5) is of no effect for purposes of or relating to assistance payable to the body’s students under Part 2 to the extent that the assistance relates to students of the body who have not completed the *VET courses of study in which they were enrolled with the body before the day the suspension starts (see paragraph 36(6)(a)).

Note: One consequence of this subclause is that clauses 45E and 46B (which apply if the body’s VET FEEHELP account is in deficit at the end of a calendar year) will continue to apply to the body during the suspension.

Subdivision 5DRevocation of approval on application

39  Revocation of approval as a provider on application

 (1) The Minister must revoke the approval of a body as a *VET provider if the body requests the Minister in writing to revoke the approval.

 (2) The request must be given to the Minister at least 30 days before the day on which the revocation is requested to have effect.

 (2A) The revocation is subject to the condition that, after the revocation:

 (a) clauses 45E and 46B continue to apply to the body as if the body were still approved as a *VET provider; and

 (b) other provisions of this Act, or the *VET Guidelines, that:

 (i) relate (directly or indirectly) to entitlements to *VET FEEHELP assistance arising before the revocation; and

 (ii) are specified in the notice of revocation under subclause (3) of this clause;

  continue to apply to the body as if the body were still approved as a VET provider.

 (3) The Minister must cause the body to be notified of the revocation. The notice must:

 (a) be in writing; and

 (b) be given to the body at least 14 days before the day on which the revocation is to take effect.

 (4) A notice of revocation under subclause (3) is a legislative instrument.

 (5) The revocation has effect on the day requested unless another day is specified in the notice under subclause (3).

Subdivision 5ENotice of approval or revocation ceasing to have effect under the Legislation Act 2003

39A  Notice of approval ceasing to have effect under the Legislation Act 2003

 (1) This clause applies if:

 (a) a decision of the Minister to approve a body as a *VET provider has taken effect; and

 (b) the body ceases to be approved as a VET provider because the notice of the approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.

 (2) The fact that the body ceases to be approved as a *VET provider does not:

 (a) affect:

 (i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or

 (ii) anything duly done or suffered in relation to the body before the cessation; or

 (b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or

 (c) affect any penalty, forfeiture or punishment incurred in respect of the body having been a VET provider; or

 (d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the body had not ceased to be approved as a VET provider.

39B  Notice of revocation ceasing to have effect under the Legislation Act 2003

 (1) This clause applies if:

 (a) a decision of the Minister to revoke a body’s approval as a *VET provider has taken effect; and

 (b) the decision to revoke the approval ceases to have effect because the notice of revocation ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.

 (2) The fact that the decision to revoke the approval ceases to have effect does not:

 (a) affect:

 (i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or

 (ii) anything duly done or suffered in relation to the body before the cessation; or

 (b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or

 (c) affect any penalty, forfeiture or punishment incurred in respect of the body before the cessation; or

 (d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the decision to revoke the approval had not ceased to have effect.

Division 5ACivil penalty provisions and enforcement

Subdivision 5AACivil penalty provisions

39DA  Civil penalty provisions

Enforceable civil penalty provisions

 (1) Each *civil penalty provision of this Division is enforceable under Part 4 of the *Regulatory Powers Act.

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

 (2) For the purposes of Part 4 of the *Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the *civil penalty provisions:

 (a) the *Secretary;

 (b) an SES employee, or an acting SES employee, in the Department.

Relevant court

 (3) For the purposes of Part 4 of the *Regulatory Powers Act, each *applicable court is a relevant court in relation to the *civil penalty provisions.

39DB  Civil penalty—publishing information that suggests VET FEEHELP assistance is not a loan etc.

 (1) A person contravenes this subclause if:

 (a) the person is a *VET provider; and

 (b) the VET provider publishes information, or causes information to be published; and

 (c) the information suggests that:

 (i) *VET FEEHELP assistance for a *VET unit of study or *VET course of study is not in the nature of a loan, or does not need to be repaid; or

 (ii) if a student receives VET FEEHELP assistance for such a unit or course, that the unit or course is free from any fees or charges.

Civil penalty: 60 penalty units.

 (2) A person contravenes this subclause if:

 (a) the person publishes information; and

 (b) the person does so as agent for a *VET provider; and

 (c) the information suggests that:

 (i) *VET FEEHELP assistance for a *VET unit of study or *VET course of study is not in the nature of a loan, or does not need to be repaid; or

 (ii) if a student receives VET FEEHELP assistance for such a unit or course, that the unit or course is free from any fees or charges.

Civil penalty: 60 penalty units.

39DC  Civil penalty—inappropriate inducements

 (1) A person contravenes this subclause if:

 (a) the person is a *VET provider; and

 (b) the VET provider:

 (i) offers a person a benefit; or

 (ii) provides a person with a benefit; or

 (iii) causes a person to be offered or provided with a benefit; and

 (c) the benefit would be reasonably likely to induce a person (the student) to:

 (i) enrol in a *VET unit of study or *VET course of study; and

 (ii) complete, sign and give an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the unit or course; and

 (d) the student receives *VET FEEHELP assistance for that unit or course.

Civil penalty: 60 penalty units.

 (2) A person contravenes this subclause if:

 (a) the person offers a person a benefit, or provides a person with a benefit; and

 (b) the person does so as agent for a *VET provider; and

 (c) the benefit would be reasonably likely to induce a person (the student) to:

 (i) enrol in a *VET unit of study or *VET course of study; and

 (ii) complete, sign and give an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the unit or course; and

 (d) the student receives *VET FEEHELP assistance for that unit or course.

Civil penalty: 60 penalty units.

 (3) To avoid doubt, the person in paragraph (1)(b) or (2)(a) who is offered, or provided with, the benefit need not be the student.

39DD  Appropriate and inappropriate inducements

 (1) Subclauses 39DC(1) and (2), and subclause (2) of this clause, do not apply in relation to any of the following benefits:

 (a) the content and quality of the *VET unit of study or *VET course of study;

 (b) the amount of *tuition fees of the unit or course (other than so much of the fees as is conditional on a person identifying other persons as prospective students for a unit or course);

 (c) *VET FEEHELP assistance for the unit or course;

 (d) the use of a thing if:

 (i) the use is limited to the period the student is participating in the unit or course; and

 (ii) the use is required or necessary for the completion of the unit or course (having regard to the learning objectives and outcomes of the unit or course); and

 (iii) the use of such a thing is available on the same terms to all students, of a kind specified in the *VET Guidelines for the purposes of this subparagraph, who are participating in the unit or course.

 (2) Without limiting subclauses 39DC(1) and (2), those subclauses apply in relation to the following benefits:

 (a) the use of an electronic device outside the period the student is participating in the *VET unit of study or *VET course of study;

 (b) internet use, or the use of software, outside that period;

 (c) travel, entertainment, hospitality or accommodation services;

 (d) vouchers redeemable for goods or services;

 (e) money (other than amounts covered by paragraph (1)(b) or (c)).

39DE  Civil penalty—failure to provide VET FEEHELP notices

  A person contravenes this clause if:

 (a) the person is a *VET provider; and

 (b) the VET provider fails to comply with subclause 64(1), (2), (2A) or (3).

Civil penalty: 60 penalty units.

39DF  Civil penalty—failure to comply with student requests

 (1) A person contravenes this subclause if:

 (a) the person is a *VET provider; and

 (b) the VET provider enrols another person (the student) in a *VET unit of study; and

 (c) the student is entitled to *VET FEEHELP assistance for the unit; and

 (d) before the end of the *census date for the unit, the student requests, in writing, the VET provider to:

 (i) cancel the enrolment; or

 (ii) withdraw the student’s *request for Commonwealth assistance relating to the unit or the *VET course of study of which the unit forms a part; and

 (e) the VET provider fails to comply with the request before the end of that census date.

Civil penalty: 60 penalty units.

 (2) For the purposes of paragraph (1)(c), disregard subparagraph 43(1)(f)(ii) and paragraph 45C(1)(c).

39DG  Civil penalty—charging a fee etc. for a student to cancel an enrolment or request for assistance

 (1) A person contravenes this subclause if:

 (a) the person is a *VET provider; and

 (b) the VET provider enrols another person (the student) in a *VET unit of study; and

 (c) the student is entitled to *VET FEEHELP assistance for the unit; and

 (d) before the end of the *census date for the unit, the student requests, in writing, the VET provider to:

 (i) cancel that enrolment; or

 (ii) withdraw the student’s *request for Commonwealth assistance relating to the unit or the *VET course of study of which the unit forms a part; and

 (e) the VET provider charges the student a fee, or imposes a penalty, (however described) in order to do so.

Civil penalty: 60 penalty units.

 (2) For the purposes of paragraph (1)(c), disregard subparagraph 43(1)(f)(ii) and paragraph 45C(1)(c).

39DH  Civil penalty—accepting requests for Commonwealth assistance etc. when student not entitled

 (1) A person contravenes this subclause if:

 (a) the person is a *VET provider; and

 (b) an *appropriate officer of the VET provider is given a *request for Commonwealth assistance by another person (the student) relating to a *VET unit of study or the *VET course of study of which the unit forms a part; and

 (c) the VET provider treats the student as being entitled to *VET FEEHELP assistance for the unit; and

 (d) the student is not so entitled.

Civil penalty: 60 penalty units.

 (2) A person contravenes this subclause if:

 (a) the person is a *VET provider; and

 (b) an *appropriate officer of the VET provider is given a form by another person (the student); and

 (c) subclause 88(3A) (about certain students under 18 years old) applies to the student; and

 (d) that form is not signed by a *responsible parent of the student; and

 (e) that form would have been a *request for Commonwealth assistance relating to:

 (i) a *VET unit of study; or

 (ii) the *VET course of study of which the unit forms a part;

  if it had been signed by a responsible parent of the student; and

 (f) the VET provider treats the student as being entitled to *VET FEEHELP assistance for the unit.

Civil penalty: 60 penalty units.

39DI  Civil penalty—failure to advise about requests etc.

 (1) A person contravenes this subclause if:

 (a) the person is a *VET provider; and

 (b) the VET provider enrols another person (the student) in a *VET unit of study; and

 (c) the student has not already given an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the *VET course of study of which the unit forms a part; and

 (d) the student enrols in the unit less than 2 business days before the *census date for the unit; and

 (e) before enrolling the student, the VET provider failed to advise the student that the student would not be able to receive *VET FEEHELP assistance for the unit; and

 (f) the student completes, signs and gives an appropriate officer of the VET provider a request for Commonwealth assistance relating to the unit or the VET course of study of which the unit forms a part.

Civil penalty: 60 penalty units.

 (2) A person contravenes this subclause if:

 (a) the person is a *VET provider; and

 (b) the VET provider enrols another person (the student) in a *VET unit of study; and

 (c) the student completes, signs and gives an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the unit or a *VET course of study of which the unit forms a part; and

 (d) the request is so given less than 2 business days after the student enrols in the unit; and

 (e) either or both of the following subparagraphs applies:

 (i) before enrolling the student, the VET provider failed to advise the student that *VET FEEHELP assistance for the unit can only be received if the request is given at least 2 business days after enrolling;

 (ii) the VET provider encouraged the student to give the request so that it would be given less than 2 business days after enrolling.

Civil penalty: 60 penalty units.

39DJ  Civil penalty—failure to apportion fees appropriately

  A person contravenes this clause if:

 (a) the person is a *VET provider; and

 (b) the VET provider enrols another person (the student) in a *VET unit of study; and

 (c) the student receives *VET FEEHELP assistance for the unit; and

 (d) the VET provider charges the student *tuition fees for the unit; and

 (e) for the purposes of clause 27A, the *VET Guidelines specify when the tuition fees may be charged; and

 (f) the tuition fees are not charged in accordance with those VET Guidelines.

Civil penalty: 60 penalty units.

39DK  Civil penalty—failure to publish fees

  A person contravenes this clause if:

 (a) the person is a *VET provider; and

 (b) the VET provider enrols another person (the student) in a *VET unit of study; and

 (c) the student receives *VET FEEHELP assistance for the unit; and

 (d) the VET provider charges the student *tuition fees for the unit; and

 (e) on the day before the student enrols in the unit, the tuition fees were not available on the VET provider’s website in a way that was readily accessible by the public.

Civil penalty: 60 penalty units.

39DL  Civil penalty—failure to report data

  A person contravenes this clause if:

 (a) the person is a *VET provider; and

 (b) the VET provider enrols another person (the student) in a *VET unit of study; and

 (c) the student receives *VET FEEHELP assistance for the unit; and

 (d) the VET provider is subject to a requirement under subclause 24(1) or (2) to provide information relating to the VET FEEHELP assistance; and

 (e) the VET provider fails to comply with the requirement.

Civil penalty: 60 penalty units.

Subdivision 5ABInfringement notices

39EA  Infringement notices

  A *civil penalty provision of this Division is subject to an infringement notice under Part 5 of the *Regulatory Powers Act.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

39EB  Infringement officers

  For the purposes of Part 5 of the *Regulatory Powers Act, an infringement officer in relation to the *civil penalty provisions is:

 (a) each *NVETR staff member who is:

 (i) an SES employee or an acting SES employee; or

 (ii) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position; or

 (b) each SES employee, or an acting SES employee, in the Department.

39EC  Relevant chief executive

  For the purposes of Part 5 of the *Regulatory Powers Act, the relevant chief executive in relation to the *civil penalty provisions is:

 (a) for an infringement notice given by an infringement officer covered by paragraph 39EB(a)—each *NVETR Commissioner; and

 (b) for an infringement notice given by an infringement officer covered by paragraph 39EB(b)—the *Secretary.

Subdivision 5ACMonitoring and investigation powers

39FA  Monitoring powers

 (1) Subdivision 5AA is subject to monitoring under Part 2 of the *Regulatory Powers Act.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether Subdivision 5AA has been complied with. It includes powers of entry and inspection.

 (2) Information given in compliance or purported compliance with a provision of Subdivision 5AA is subject to monitoring under Part 2 of the *Regulatory Powers Act.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

39FB  Monitoring powers—persons exercising relevant roles etc.

 (1) For the purposes of Part 2 of the *Regulatory Powers Act, as it applies in relation to Subdivision 5AA of this Schedule:

 (a) each *civil penalty provision of this Division is related to Subdivision 5AA of this Schedule; and

 (b) each *Departmental investigator and *NVETR investigator is an authorised applicant; and

 (c) each Departmental investigator and NVETR investigator is an authorised person; and

 (d) a *judicial officer is an issuing officer; and

 (e) for an authorised person who is a Departmental investigator, the *Secretary is the relevant chief executive; and

 (f) for an authorised person who is a NVETR investigator, each *NVETR Commissioner is the relevant chief executive; and

 (g) each *applicable court is the relevant court.

Person assisting

 (2) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the *Regulatory Powers Act in relation to a provision of Subdivision 5AA of this Schedule.

39FC  Investigation powers

  Each *civil penalty provision of this Division is subject to investigation under Part 3 of the *Regulatory Powers Act.

Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.

39FD  Investigation powers—persons exercising relevant roles etc.

 (1) For the purposes of Part 3 of the *Regulatory Powers Act, as it applies in relation to evidential material that relates to a *civil penalty provision of this Division:

 (a) each *Departmental investigator and *NVETR investigator is an authorised applicant; and

 (b) each Departmental investigator and NVETR investigator is an authorised person; and

 (c) a *judicial officer is an issuing officer; and

 (d) for an authorised person who is a Departmental investigator, the *Secretary is the relevant chief executive; and

 (e) for an authorised person who is a NVETR investigator, each *NVETR Commissioner is the relevant chief executive; and

 (f) each *applicable court is the relevant court.

Person assisting

 (2) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the *Regulatory Powers Act in relation to evidential material that relates to a provision of Subdivision 5AA of this Schedule.

Subdivision 5ADOther matters

39GA  Appointment of investigators

 (1) The *Secretary may, in writing, appoint a person as a Departmental investigator for the purposes of this Division.

 (2) A *NVETR Commissioner may, in writing, appoint a *NVETR staff member as a NVETR investigator for the purposes of this Division.

 (3) A person must not be appointed as a *Departmental investigator, or a *NVETR investigator, unless the appointer is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of such an investigator.

 (4) A *Departmental investigator, and a *NVETR investigator, must, in exercising powers as such, comply with any directions of the appointer.

 (5) If a direction is given under subclause (4) in writing, the direction is not a legislative instrument.

39GB  Functions and powers

  The functions and powers of a person referred to in:

 (a) subclause 39DA(2) (about authorised applicants); or

 (b) clause 39EB or 39EC (about infringement notices); or

 (c) paragraph 39FB(1)(b), (c), (d), (e) or (f) (about monitoring powers); or

 (d) paragraph 39FD(1)(a), (b), (c), (d) or (e) (about investigation powers);

include those conferred by Part 2, 3, 4 or 5 (as applicable) of the *Regulatory Powers Act in relation to this Division.

39GC  Delegation by relevant chief executive etc.

 (1) The *Secretary may, in writing, delegate his or her powers and functions that:

 (a) arise under the *Regulatory Powers Act as the relevant chief executive; and

 (b) relate to this Division;

to an SES employee, or an acting SES employee, in the Department.

 (2) A *NVETR Commissioner may, in writing, delegate his or her powers and functions that:

 (a) arise under the *Regulatory Powers Act as the relevant chief executive and relate to this Division; or

 (b) arise under clause 39GA of this Schedule;

to an *NVETR staff member who is:

 (c) an SES employee or an acting SES employee; or

 (d) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.

 (3) A person exercising powers or performing functions under a delegation under subclause (1) or (2) must comply with any directions of the delegator.

 (4) A person must not exercise powers or perform functions under a delegation under subclause (1) or (2) in relation to an infringement notice given by the person.

39GD  Other enforcement action

  To avoid doubt, action may be taken under this Division in addition to, or instead of, any action that may be taken under any other provision of this Act, including under any or all of the following provisions of this Schedule:

 (a) clause 12A (about imposing conditions on an approval);

 (b) clause 26A (about compliance notices);

 (c) Division 5 (about when a body ceases to be a VET provider);

 (d) Subdivision 7B (about recrediting *HELP balances).

Part 2VET FEEHELP assistance

Division 6Introduction

40  What this Part is about

A student may be entitled to VET FEEHELP assistance for VET units of study if certain requirements are met.

The amount of assistance to which the student may be entitled is based on his or her VET tuition fees for the units, but there is a limit on the total amount of assistance that the student can receive. The assistance is paid to a VET provider to discharge the student’s liability to pay his or her VET tuition fees.

Note 1: Amounts of assistance under this Part may form part of a person’s HELP debts that the Commonwealth recovers under Chapter 4.

Note 2: VET FEEHELP assistance will be phased out during 2017 and 2018: see subclauses 43(3) to (7).

41  The VET Guidelines

 (1) *VET FEEHELP assistance is also dealt with in the *VET Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

 (2) *VET tuition fees are also dealt with in the *VET Guidelines.

Note: The VET Guidelines are made by the Minister under clause 99.

Division 7Who is entitled to VET FEEHELP assistance?

Subdivision 7ABasic rules

43  Entitlement to VET FEEHELP assistance

 (1) Subject to this clause, a student is entitled to *VET FEEHELP assistance for a *VET unit of study if:

 (a) the student meets the citizenship or residency requirements under clause 44; and

 (b) the student’s *HELP balance is greater than zero; and

 (c) the *census date for the unit is on or after 1 January 2008; and

 (d) the unit meets the course requirements under clause 45; and

 (e) the unit is, or is to be, undertaken as part of a *VET course of study; and

 (ea) the student meets the entry procedure requirements under clause 45B; and

 (f) the student:

 (i) enrols in the unit at least 2 business days before the census date for the unit; and

 (ii) at the end of the census date, remained so enrolled; and

 (fa) in a case where the student is not already entitled to VET FEEHELP assistance for another VET unit of study forming part of the course—the body with whom the student is enrolled is approved as a *VET provider:

 (i) for the day of the enrolment; or

 (ii) if that day falls within a period when the body’s approval as a VET provider is suspended under subclause 36(5)—for a later day because that suspension has ended; and

 (fb) if the VET provider was approved as a VET provider after 2015, the course is:

 (i) one of the *qualifying VET courses that enabled paragraph 6(1)(ca) or (1A)(da) to be satisfied for the purposes of that approval; or

 (ii) a qualifying VET course that superseded such a course directly or indirectly without interruption; and

 (g) the student *meets the tax file number requirements (see clause 80); and

 (h) the student meets the request for Commonwealth assistance requirements under clause 45C; and

 (i) the student meets any other requirements set out in the *VET Guidelines.

Note 1: For the purposes of paragraph (e), clause 45A affects whether a person undertakes a VET unit of study as part of a VET course of study.

Note 2: For the purposes of paragraph (fa), a body’s approval as a VET provider ceases while the approval is suspended (see clause 29). If this approval is suspended when the student first enrols in units forming part of the course, the student can only become entitled to VET FEEHELP assistance when that suspension ends.

 (2) A student is not entitled to *VET FEEHELP assistance for a *VET unit of study if:

 (a) the unit forms a part of a *VET course of study; and

 (b) the VET course of study is, or is to be, undertaken by the student primarily at an overseas campus.

 (3) A student is not entitled to *VET FEEHELP assistance for a *VET unit of study if:

 (a) the *census date for the unit is on or after 1 January 2017; or

 (b) if the student is covered by subclause (4)—the census date for the unit is on or after:

 (i) unless subparagraph (ii) applies—1 January 2018; or

 (ii) if the Minister is satisfied that exceptional circumstances justify continued entitlement to VET FEEHELP assistance for the student—a day determined in writing by the Minister.

 (4) A student is covered by this subclause if:

 (a) immediately before 1 January 2017, the student was enrolled in the *VET course of study of which the *VET unit of study forms a part; and

 (b) the unit is provided:

 (i) by the *VET provider with whom the student was enrolled immediately before 1 January 2017; or

 (ii) in compliance with the *VET tuition assurance requirements as they apply in relation to the provider; and

 (c) before 1 January 2017, the student received *VET FEEHELP assistance for another unit that formed a part of the course; and

 (d) the Secretary is satisfied that, at all times from the commencement of this paragraph, the student has been a genuine student (within the meaning of the VET Student Loans Act 2016).

 (5) A student is not entitled to *VET FEEHELP assistance for a *VET unit of study if a *VET student loan has been approved for the student for the *VET course of study of which the unit forms a part.

 (6) The *VET Guidelines may specify matters to which the Minister must or may have regard in deciding for the purposes of subparagraph (3)(b)(ii) whether exceptional circumstances justify continued entitlement to *VET FEEHELP assistance for the student.

 (7) A determination under subparagraph (3)(b)(ii) is not a legislative instrument.

44  Citizenship or residency requirements

 (1) The citizenship or residency requirements for *VET FEEHELP assistance for a *VET unit of study are that the student in question is:

 (a) an Australian citizen; or

 (b) a *permanent humanitarian visa holder who will be resident in Australia for the duration of the unit; or

 (c) a student to whom subclause (3) applies.

 (2) In determining, for the purpose of paragraph (1)(b), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:

 (a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or

 (b) is required for the purpose of completing a requirement of that unit.

 (3) This subclause applies to a student who:

 (a) is a New Zealand citizen; and

 (b) holds a special category visa under the Migration Act 1958; and

 (c) both:

 (i) first began to be usually resident in Australia at least 10 years before the day referred to in subclause (4) (the test day); and

 (ii) was a *dependent child when he or she first began to be usually resident in Australia; and

 (d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

 (e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

 (4) For the purposes of subclause (3), the day is the earlier of:

 (a) if the student has previously made a successful *request for Commonwealth assistance under this Part for a *VET unit of study that formed part of the same *VET course of study—the day the student first made such a request; or

 (b) otherwise—the day the student made the request for Commonwealth assistance in relation to the unit.

45  Course requirements

 (1) The course requirements for *VET FEEHELP assistance for a *VET unit of study are that the unit:

 (a) is being undertaken as part of a *VET course of study that meets any requirements set out in the *VET Guidelines; and

 (b) is not being undertaken as part of a VET course of study that:

 (i) is subject to a specification under subclause (2); or

 (ii) is with a *VET provider that is subject to a specification under subclause (2).

Note: For the purposes of paragraph (1)(a), clause 45A affects whether a person undertakes a VET unit of study as part of a VET course of study.

 (1A) For the purposes of paragraph (1)(a), the *VET Guidelines:

 (a) may set out different requirements relating to different students undertaking the *VET unit of study; and

 (b) may set out requirements relating to only some students undertaking the VET unit of study (while not setting out requirements relating to other students undertaking the unit).

 (2) The *VET Guidelines may specify that:

 (a) a specified course or a specified kind of course provided by a specified *VET provider or a specified kind of VET provider is a course in relation to which *VET FEEHELP assistance is unavailable; or

 (b) all courses provided by a specified VET provider or a specified kind of VET provider are courses in relation to which VET FEEHELP assistance is unavailable.

 (3) In deciding whether to make a specification for the purposes of subclause (2), the Minister must have regard to the effect of the specification on students undertaking the course or courses.

45A  VET unit of study not undertaken as part of VET course of study

  For the purposes of paragraphs 43(e) and 45(1)(a), a student is taken not to undertake a *VET unit of study as part of a *VET course of study if undertaking the unit involves the student doing more than he or she needs to do to be awarded a *VET qualification that the course leads to.

45B  Entry procedure requirements

  The entry procedure requirements for *VET FEEHELP assistance for a *VET unit of study are that the student, in accordance with the *VET provider’s *student entry procedure, has been assessed as academically suited to undertake the *VET course of study of which the unit forms a part.

45C  Request for Commonwealth assistance requirements

 (1) The request for Commonwealth assistance requirements for *VET FEEHELP assistance for a *VET unit of study are that:

 (a) the student completes, signs and gives an *appropriate officer of the *VET provider a *request for Commonwealth assistance that:

 (i) if the *VET course of study of which the unit forms a part is undertaken with the provider—relates to the course, and is so given at least 2 business days after the student enrols in the course; or

 (ii) otherwise—relates to the unit, and is so given at least 2 business days after the student enrols in the unit; and

 (b) the request is so given on or before the *census date for the unit; and

 (ba) if the student enrols in the course after the day the Higher Education Support Amendment (VET FEEHELP Reform) Act 2015 receives the Royal Assent—the student being entitled to the VET FEEHELP assistance for the unit:

 (i) would not cause the VET provider’s *VET FEEHELP account to be in deficit at the end of that census date (see subclause 45D(7)); and

 (ii) would not cause or contribute to that account being in deficit at the end of 2016 or a later calendar year; and

 (c) the request is not withdrawn before the end of that census date.

If VET provider incorrectly treats student as being entitled

 (2) However, for the purposes of this Act (other than clause 39DH), if:

 (a) either or both of the following things happen:

 (i) the student fails to comply with paragraph (1)(a) of this clause by not giving the request at least 2 business days after the enrolment referred to in that paragraph;

 (ii) paragraph (1)(ba) of this clause is not complied with; and

 (b) the *VET provider treats the student as being entitled to *VET FEEHELP assistance for the unit;

those paragraphs of this clause are taken to have been complied with.

Note 1: The VET provider should not treat the student as being entitled to VET FEEHELP assistance:

(a) if the student requests the assistance during the 2 business day coolingoff period after the enrolment; or

(b) if being entitled would cause or contribute to the provider’s VET FEEHELP account being in deficit.

Note 2: However, if the provider does treat the student as being entitled, the provider will contravene subclause 39DH(1) (a civil penalty provision), and the student may still be able to receive the assistance.

45D  Notional VET FEEHELP accounts

 (1) There is a notional VET FEEHELP account for each *VET provider.

Note 1: The VET provider will need to monitor the balance of its account, as it will have to repay an amount to the Commonwealth if the account is in deficit at the end of 2016 or a later year.

Note 2: This account applies in relation to all students entitled to VET FEEHELP assistance for VET units of study with census dates on or after 1 January 2016 (whether or not the student received VET FEEHELP assistance for earlier units before that day). See subclause (7).

Credits to the VET provider’s VET FEEHELP account

 (2) A credit arises in the *VET provider’s *VET FEEHELP account as follows:

 (a) if the VET provider is already a VET provider on 1 January 2015, a credit arises on the first day of each later calendar year that is equal to the amount worked out under subclause (3);

 (b) if the VET provider becomes a VET provider during 2015, a credit arises on the first day of each later calendar year that is equal to the amount worked out under subclause (4);

 (c) if the VET provider becomes a VET provider on a day after 2015, a credit arises on that day that is equal to the amount worked out under subclause (5);

 (d) if the VET provider pays on a particular day any part of any amount that becomes due under subclause 45E(2), a credit arises on that day that is equal to the amount of that payment;

 (e) if another body ceases to be a VET provider, a credit may arise:

 (i) in accordance with a determination under subclause (6) at the time of the cessation; and

 (ii) that is equal to the amount worked out under that determination;

 (f) if the *Secretary, on application by the VET provider, is satisfied on a particular day that:

 (i) the VET provider is offering a VET course of study that confers skills in an identified area of national importance; and

 (ii) the course is relevant for employment in a licensed occupation; and

 (iii) one or more students are unable to readily access training places in courses of this kind with any other VET provider; and

 (iv) insufficient credits have arisen in the VET provider’s VET FEEHELP account for an appropriate number of students to undertake the course with the VET provider; and

 (v) granting an extra credit of a particular amount is appropriate (which need not be the amount specified in the application);

  the Secretary may grant a credit, which arises on that day, that is equal to the amount considered appropriate under subparagraph (v).

 (3) For the purposes of paragraph (2)(a), the amount to be credited is the amount equal to:

where:

VET provider’s adjusted 2015 total loan amount means the sum of the amounts of *VET FEEHELP assistance paid for students undertaking, with the *VET provider, *VET units of study that had *census dates during the period starting on 1 January 2015 and ending on 31 August 2015.

 (4) For the purposes of paragraph (2)(b), the amount to be credited is the amount equal to the sum of:

 (a) the *VET provider’s fee revenue for the period:

 (i) starting on 1 January 2015; and

 (ii) ending on the day before the VET provider was approved as a VET provider;

  for *domestic students undertaking *qualifying VET courses in that period; and

 (b) the sum of the amounts of *VET FEEHELP assistance paid for students undertaking, with the VET provider, *VET units of study that had *census dates during 2015.

 (5) For the purposes of paragraph (2)(c), the amount to be credited is the amount equal to the *VET provider’s fee revenue for the 2015 calendar year for *domestic students undertaking in that year the *qualifying VET courses that enabled paragraph 6(1)(ca) or (1A)(da) to be satisfied for the purposes of the VET provider’s approval as a VET provider.

 (6) The Minister may, by legislative instrument, determine:

 (a) whether credits arise in the *VET FEEHELP accounts of specified *VET providers when another body ceases to be a VET provider; and

 (b) the amounts of such credits.

Debits to the VET FEEHELP account

 (7) A debit arises in the *VET provider’s *VET FEEHELP account if a student is entitled to *VET FEEHELP assistance for a *VET unit of study:

 (a) that is to be undertaken with the VET provider; and

 (b) that has a *census date on or after 1 January 2016.

The debit arises at the end of that census date, and is equal to the amount of that assistance.

45E  Effect of VET FEEHELP account being in deficit at the end of a calendar year

 (1) If:

 (a) a *VET provider’s *VET FEEHELP account is in deficit at the end of a calendar year; and

 (b) the *Secretary gives the VET provider a written notice about the deficit;

the VET provider must pay to the Commonwealth an amount equal to the amount of the deficit (the excess loan amount).

 (2) The excess loan amount is due on the seventh day (the due day) after the day the notice is given.

Late payments of the excess loan amount attract the general interest charge

 (3) If some or all of the excess loan amount remains unpaid after the due day, the *VET provider must pay to the Commonwealth an amount (the general interest charge) relating to the unpaid amount for each day in the period that:

 (a) starts at the beginning of the day after the due day; and

 (b) ends at the end of the last day on which, at the end of the day, any of the following remains unpaid:

 (i) the excess loan amount;

 (ii) general interest charge on any of the excess loan amount.

 (4) The general interest charge for a particular day is worked out by multiplying the *general interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

 (a) the general interest charge from previous days;

 (b) the excess loan amount.

 (5) The general interest charge for a day is due and payable to the Commonwealth at the end of that day.

 (6) The *Secretary may give written notice to the *VET provider of the amount of the general interest charge for a particular day or days. A notice given under this subclause is prima facie evidence of the matters stated in the notice.

 (7) The *Secretary may remit all or a part of the general interest charge payable by the *VET provider if the Secretary is satisfied:

 (a) that:

 (i) the circumstances that contributed to the delay in payment were not due to, or caused directly or indirectly by, an act or omission of the VET provider; and

 (ii) the VET provider has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; or

 (b) that it is otherwise appropriate to do so.

 (8) An amount payable under this clause may be recovered by the Commonwealth from the *VET provider as a debt due to the Commonwealth.

Subdivision 7BRecrediting HELP balances in relation to VET FEEHELP assistance

46  Main case of recrediting a person’s HELP balance in relation to VET FEEHELP assistance

 (1) If clause 46A, 46AA or 51 applies to recredit a person’s *HELP balance with an amount equal to the amounts of *VET FEEHELP assistance that the person has received for a *VET unit of study, then this clause does not apply in relation to that unit.

Note: For HELP balance, see section 12815, and for HELP loan limit, see section 12820.

 (2) A *VET provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *VET FEEHELP assistance that the person received for a *VET unit of study if:

 (a) the person has been enrolled in the unit with the provider; and

 (b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and

 (c) the provider is satisfied that special circumstances apply to the person (see clause 48); and

 (d) the person applies in writing to the provider for recrediting of the HELP balance; and

 (e) either:

 (i) the application is made before the end of the application period under clause 49; or

 (ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

Note: A VET FEEHELP debt relating to a VET unit of study will be remitted if the HELP balance in relation to the unit is recredited: see section 13718.

 (3) If the provider is unable to act for one or more of the purposes of subclause (2), or clause 48, 49 or 50, the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.

46A  Recrediting a person’s HELP balance in relation to VET FEEHELP assistance—unacceptable conduct by provider or provider’s agent

Decision to recredit due to unacceptable conduct

 (1) The *Secretary must recredit a person’s *HELP balance with an amount equal to the amounts of *VET FEEHELP assistance that the person received for a *VET unit of study if the Secretary is satisfied that:

 (a) the person has been enrolled in the unit with a *VET provider; and

 (b) the person has not completed the requirements for the unit during the period the person undertook, or was to undertake, the unit; and

 (c) circumstances exist, of a kind specified in the *VET Guidelines for the purposes of this paragraph, involving unacceptable conduct by the VET provider (or an agent of the VET provider) relating to the person’s *request for Commonwealth assistance relating to:

 (i) the unit; or

 (ii) the *VET course of study of which the unit forms a part; and

 (d) the person has applied in writing to the Secretary for recrediting of the HELP balance under this subclause; and

 (e) the application is in the form approved by the Secretary, and is accompanied by such information as the Secretary requests; and

 (f) either:

 (i) the application was made during the first 3 years after the period during which the person undertook, or was to undertake, the unit; or

 (ii) it would not be, or was not, possible for the application to be made during those 3 years.

Note: A VET FEEHELP debt relating to a VET unit of study will be remitted if the HELP balance in relation to the unit is recredited: see section 13718.

 (2) If:

 (a) the person received the *VET FEEHELP assistance as a result of giving an *appropriate officer of the *VET provider a form; and

 (b) the form would have been a *request for Commonwealth assistance relating to the unit if it had been signed by a *responsible parent of the person;

paragraph (1)(c) applies as if the form were the person’s request for Commonwealth assistance relating to the unit.

Note: To be a request for Commonwealth assistance, a responsible parent must sign the form if the student is under 18 years old and subclause 88(3A) applies (see paragraph 88(3)(aa)).

Inviting submissions before making a decision

 (3) Before making a decision under subclause (1), the *Secretary must give the applicant and the *VET provider a notice in writing:

 (a) stating that the Secretary is considering making the decision; and

 (b) describing the decision and stating the reasons why the Secretary is considering making it; and

 (c) inviting the applicant and the VET provider to each make written submissions to the Secretary within 28 days on either or both of the following matters:

 (i) why that decision should not be made;

 (ii) if that decision would recredit the applicant’s *HELP balance with a particular amount—why that amount should be changed; and

 (d) informing the applicant and the VET provider that, if no submissions are received within the 28 day period, the Secretary may proceed to make the decision.

 (4) In deciding whether to make the decision under subclause (1), the *Secretary must consider any submissions received from the applicant, and from the *VET provider, within the 28 day period.

Notice of a decision

 (5) The *Secretary must give written notice of a decision under subclause (1) to the applicant and the *VET provider. The notice must be given within 28 days after the day the decision was made.

46AA  Recrediting a person’s HELP balance in relation to VET FEEHELP assistance—inappropriate conduct by provider or provider’s agent

Recrediting

 (1) The *Secretary may, on application under subclause (3) or on the Secretary’s own initiative, recredit a person’s *HELP balance with an amount equal to the amounts of *VET FEEHELP assistance that the person received for a *VET unit of study with a *VET provider, if the Secretary is satisfied that:

 (a) either:

 (i) the person has not completed the requirements for the unit during the period the person undertook, or was to undertake, the unit; or

 (ii) under *VET Guidelines prescribed for the purposes of this subparagraph, the person is taken not to have completed those requirements during that period; and

 (b) it is reasonably likely that, having regard to any matters prescribed by the *VET Guidelines for the purposes of this paragraph, the VET provider (or an agent of the VET provider) engaged in inappropriate conduct towards the person in relation to the unit, or the *VET course of study of which the unit forms a part.

Note 1: A VET FEEHELP debt relating to a VET unit of study will be remitted if the HELP balance in relation to the unit is recredited: see section 13718.

Note 2: The VET provider may be required to repay an amount to the Commonwealth under subclause 56(4), depending on the nature of the inappropriate conduct.

 (2) The *VET Guidelines may prescribe matters for the purposes of paragraph (1)(b) that are also prescribed for the purposes of paragraph 46A(1)(c) (circumstances involving unacceptable conduct).

 (3) A person may apply to the *Secretary for the person’s *HELP balance to be recredited under subclause (1). The application must:

 (a) be in writing; and

 (b) be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and

 (c) meet any requirements prescribed by the *VET Guidelines for the purposes of this paragraph.

Submissions by applicants before refusal to recredit

 (4) Before making a decision to refuse a person’s application under subclause (3) for recrediting of the person’s *HELP balance, the Secretary must give the person a notice in writing:

 (a) stating that the Secretary is considering making the decision; and

 (b) stating the reasons why the Secretary is considering making the decision; and

 (c) inviting the person to make written submissions to the Secretary, within 28 days, about why that decision should not be made; and

 (d) informing the person that, if no submissions are received within the 28 day period, the Secretary may proceed to make the decision.

 (5) In deciding whether to recredit the *HELP balance, the *Secretary must take into account any submissions received from the person within the 28 day period.

Submissions by providers before decision to recredit in circumstances requiring repayment by provider

 (6) Before making a decision to recredit a person’s *HELP balance to which subclause 56(4) applies, the Secretary must give the *VET provider a notice in writing:

 (a) stating that the Secretary is considering making the decision; and

 (b) stating that, if the Secretary makes the decision, the VET provider will be required to pay an amount to the Commonwealth under subclause 56(4) in relation to the recrediting; and

 (c) stating the reasons why the Secretary is considering making the decision; and

 (d) inviting the VET provider to make written submissions to the Secretary, within 28 days, about why that decision should not be made; and

 (e) informing the VET provider that, if no submissions are received within the 28 day period, the Secretary may proceed to make the decision.

 (7) In deciding whether to recredit the *HELP balance, the *Secretary must take into account any submissions received from the *VET provider within the 28 day period.

Written notice of decision

 (8) If the *Secretary recredits a person’s *HELP balance under subclause (1), the Secretary must, as soon as practicable, give written notice of the Secretary’s decision and the reasons for it to:

 (a) the person; and

 (b) if subclause 56(4) applies to the decision—the *VET provider.

Final date for recrediting

 (9) The *Secretary must not recredit a person’s *HELP balance under subclause (1) on the Secretary’s own initiative, after:

 (a) 31 December 2020; or

 (b) if a later day is prescribed by the *VET Guidelines for the purposes of this paragraph—that later day.

 (10) The *Secretary must not recredit a person’s *HELP balance under subclause (1) on application made by the person, if the application is made after:

 (a) 31 December 2020; or

 (b) if a later day is prescribed by the *VET Guidelines for the purposes of this paragraph—that later day.

46B  Recrediting a person’s HELP balance in relation to VET FEEHELP assistance—VET FEEHELP account in deficit at the end of a calendar year

Main case

 (1) A *VET provider must, on the *Secretary’s behalf, recredit a student’s *HELP balance with an amount if:

 (a) the student receives *VET FEEHELP assistance in a calendar year for a *VET unit of study undertaken with the VET provider; and

 (b) under subclause 45E(1), the Secretary notifies the VET provider that the VET provider’s *VET FEEHELP account was in deficit at the end of the calendar year; and

 (c) the VET provider reasonably believes that some or all of that assistance caused or contributed to the deficit.

 (2) The amount to be recredited is equal to so much of that assistance as the *VET provider reasonably believes caused or contributed to the deficit.

Note: A corresponding amount of the student’s VET FEEHELP debt relating to the unit will be remitted (see section 13718).

 (3) The *Secretary may recredit the student’s *HELP balance under this subclause if:

 (a) the *VET provider is unable to do so under subclauses (1) and (2); and

 (b) the Secretary knows how much of that assistance that the VET provider reasonably believes caused or contributed to the deficit.

If not all of the deficit can be recredited under subclauses (1) and (3)

 (4) If the deficit exceeds the total amount able to be recredited under subclauses (1) and (3) for all of the *VET provider’s students who received *VET FEEHELP assistance in the calendar year for *VET units of study undertaken with the VET provider, the *Secretary may recredit the *HELP balance of each of those students with the amount equal to:

where:

student’s percentage of the total assistance means the percentage equal to the percentage that the student’s *VET FEEHELP assistance referred to in paragraph (1)(a) is of the total VET FEEHELP assistance received by students of the *VET provider in the calendar year for *VET units of study undertaken with the VET provider.

47  Recrediting a person’s HELP balance—no tax file number

 (1) A *VET provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *VET FEEHELP assistance that the person received for a *VET unit of study if:

 (a) the person has been enrolled in the unit with the provider; and

 (b) subclause 89(1) applies to the person in relation to the unit.

Note: A VET FEEHELP debt relating to a VET unit of study will be remitted if the HELP balance in relation to the unit is recredited: see section 13718.

 (2) The *Secretary may recredit the person’s *HELP balance under subclause (1) if the provider is unable to do so.

48  Special circumstances

  For the purposes of paragraph 46(2)(c), special circumstances apply to the person if and only if the *VET provider receiving the application is satisfied that circumstances apply to the person that:

 (a) are beyond the person’s control; and

 (b) do not make their full impact on the person until on or after the *census date for the *VET unit of study in question; and

 (c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.

49  Application period

 (1) If:

 (a) the person applying under paragraph 46(2)(d) for the recrediting of the person’s *HELP balance in relation to a *VET unit of study has withdrawn his or her enrolment in the unit; and

 (b) the *VET provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

 (2) If subclause (1) does not apply, the application period for the application is the period of 12 months after the period during which the person undertook, or was to undertake, the unit.

50  Dealing with applications

 (1) If:

 (a) the application is made under paragraph 46(2)(d) before the end of the relevant application period; or

 (b) the *VET provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.

 (2) The notice must include a statement of the reasons for the decision.

Note: Refusals of applications are reviewable under Division 16.

51  Recrediting a person’s HELP balance in relation to VET FEEHELP assistance if provider ceases to provide course of which unit forms part

 (1) A *VET provider must, on the *Secretary’s behalf, recredit a person’s *HELP balance with an amount equal to the amounts of *VET FEEHELP assistance that the person received for a *VET unit of study if:

 (a) the person has been enrolled in the unit with the provider; and

 (b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and

 (c) the *VET tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and

 (d) the person chose the option designated under the VET tuition assurance requirements as VET tuition fee repayment in relation to the unit.

Note: A VET FEEHELP debt relating to a VET unit of study will be remitted if the HELP balance in relation to the unit is recredited: see subsection 13718(4).

 (2) The *Secretary may recredit the person’s *HELP balance under subclause (1) if the provider is unable to do so.

51A  Implications for the student’s liability to the VET provider for the VET tuition fee

  If a student’s *HELP balance is recredited in accordance with this Subdivision with an amount for a *VET unit of study, the student is discharged from all liability to pay or account for so much of the student’s *VET tuition fee for the unit as is equal to that amount.

Division 8How are amounts of VET FEEHELP assistance worked out?

52  The amount of VET FEEHELP assistance for a VET unit of study

  The amount of *VET FEEHELP assistance to which a student is entitled for a *VET unit of study is the difference between:

 (a) the student’s *VET tuition fee for the unit; and

 (b) the sum of any *upfront VET payments made in relation to the unit.

Note: A lesser amount may be payable because of clause 54.

53  Upfront payments

 (1) An upfront VET payment, in relation to a *VET unit of study for which a student is liable to pay a *VET tuition fee, is a payment of all or part of the student’s VET tuition fee for the unit, other than a payment of *VET FEEHELP assistance under this Part.

 (2) The payment must be made on or before the *census date for the unit.

54  Amounts of VET FEEHELP assistance, HECSHELP assistance and FEEHELP assistance must not exceed the HELP balance

Amount of VET FEEHELP assistance for one unit

 (1) The amount of *VET FEEHELP assistance to which a student is entitled for a *VET unit of study is an amount equal to the student’s *HELP balance on the *census date for the unit if:

 (a) there is no other:

 (i) VET unit of study, with the same census date, for which the student is entitled to VET FEEHELP assistance; or

 (ia) unit of study, with the same census date, for which the student is entitled to *HECSHELP assistance; or

 (ii) unit of study, with the same census date, for which the student is entitled to *FEEHELP assistance; and

 (b) the amount of VET FEEHELP assistance to which the student would be entitled under clause 52 for the unit would exceed that HELP balance.

Note 1: For transitional provisions relating to subparagraph (a)(ia), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

Note 2: The amount of a *VET student loan is limited by reference to the student’s HELP balance—see sections 8 and 20 of the VET Student Loans Act 2016. The student’s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student—see section 12815.

Amount of VET FEEHELP assistance for more than one unit

 (2) If the sum of:

 (a) the amount of *VET FEEHELP assistance to which a student would be entitled under clause 52 for a *VET unit of study; and

 (b) any other amounts of:

 (i) VET FEEHELP assistance to which the student would be entitled under that clause for other units that have the same *census date as that unit; and

 (ia) *HECSHELP assistance to which the student would be entitled under section 931 for other units that have the same census date as that unit; and

 (ii) *FEEHELP assistance to which the student would be entitled under section 1071 for other units that have the same census date as that unit;

would exceed the student’s *HELP balance on the census date for the unit, then, despite subclause (1) of this clause, the total amount of VET FEEHELP assistance, HECSHELP assistance and FEEHELP assistance to which the student is entitled for all of those units is an amount equal to that HELP balance.

Example: Kath has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. Kath’s VET tuition fee for each unit is $600. The total amount of VET FEEHELP assistance to which Kath is entitled for the units is $2,000, even though the total amount of her VET tuition fees for the units is $2,400.

Note 1: For transitional provisions relating to subparagraph (b)(ia), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

Note 2: The amount of a *VET student loan is limited by reference to the student’s HELP balance—see sections 8 and 20 of the VET Student Loans Act 2016. The student’s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student—see section 12815.

 (3) If the student has enrolled in the units with more than one *VET provider or higher education provider, the student must notify each provider of the proportion of the total amount of *VET FEEHELP assistance,*HECSHELP assistance or *FEEHELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.

Division 9How are amounts of VET FEEHELP assistance paid?

Note: Division 11 also deals with payments by the Commonwealth under this Schedule.

55  Payments

  If a student is entitled to an amount of *VET FEEHELP assistance for a *VET unit of study with a *VET provider, the Commonwealth must:

 (a) as a benefit to the student, lend to the student the amount of VET FEEHELP assistance; and

 (b) pay the amount lent to the provider in discharge of the student’s liability to pay his or her *VET tuition fee for the unit.

Note: Amounts of assistance under this Part may form part of a person’s HELP debts that the Commonwealth recovers under Chapter 4.

56  Effect of HELP balance being recredited

Recrediting other than under subclause 46AA(1)

 (1) If, under subclause 46(2), 46A(1) or 47(1), or clause 51, a person’s *HELP balance is recredited with an amount relating to *VET FEEHELP assistance for a *VET unit of study, the provider must pay to the Commonwealth an amount equal to the amount of VET FEEHELP assistance to which the person was entitled for the unit.

Note: The provider must repay the amount under subclause (1) even if the person’s HELP balance is not increased by an amount equal to the amount recredited.

 (2) Subclause (1) does not apply to the provider if:

 (a) the person’s *HELP balance was recredited under subclause 46(2) (main case of recrediting a person’s HELP balance); and

 (b) the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *VET tuition assurance requirements.

 (3) The *VET Guidelines may, in setting out the *VET tuition assurance requirements, specify, in relation to the recrediting of a person’s *HELP balance in circumstances to which subclause (2) applies:

 (a) the amount (if any) that is to be paid to the Commonwealth; and

 (b) the person (if any) who is to pay the amounts.

Recrediting under subclause 46AA(1)

 (4) If:

 (a) under subclause 46AA(1) (inappropriate conduct by provider or provider’s agent), a person’s *HELP balance is recredited with an amount relating to *VET FEEHELP assistance for a *VET unit of study with a *VET provider; and

 (b) the inappropriate conduct which the *Secretary is satisfied was reasonably likely to have been engaged in was, or included, the VET provider treating the person as being entitled to the assistance under clause 43, when the person was not entitled to that assistance;

the VET provider must pay to the Commonwealth an amount equal to the amount of VET FEEHELP assistance to which the person was treated as being entitled for the unit.

Note: The VET provider must repay the amount under subclause (4) even if the person’s HELP balance is not increased by an amount equal to the amount recredited.

Part 3Administration

Division 10Introduction

57  What this Part is about

This Part deals with the following administrative matters:

 payments made by the Commonwealth under this Schedule (see Division 11);

 administrative requirements that are imposed on VET providers (see Division 12);

 electronic communication between VET providers and students (see Division 13);

 management of information (see Division 14);

 tax file numbers of students (see Division 15);

 reconsideration and administrative review of certain decisions (see Division 16).

58  The VET Guidelines

  Administrative matters are also dealt with in the *VET Guidelines. The provisions of this Part may indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The VET Guidelines are made by the Minister under clause 99.

Division 11Payments by the Commonwealth

59  What this Division is about

This Division contains general provisions relating to how the Commonwealth makes payments under this Schedule to VET providers.

60  Time and manner of payments

 (1) Amounts payable by the Commonwealth to a *VET provider under this Schedule are to be paid in accordance with an applicable determination under subclause (2) or (3).

 (2) The Minister may, by legislative instrument, determine the way (including payment in instalments or in arrears), and the times when, amounts payable by the Commonwealth under this Schedule are to be paid to specified kinds of *VET providers.

 (3) The Minister may, in writing, determine the way (including payment in instalments or in arrears), and the times when, amounts payable by the Commonwealth under this Schedule are to be paid to a particular *VET provider.

 (4) A determination under subclause (3) is not a legislative instrument.

61  Advances

 (1) The *Secretary may determine that an advance is to be made to a *VET provider on account of an amount that is expected to become payable under a provision of this Schedule to the provider.

 (1A) The *Secretary may vary or revoke a determination that an advance is to be made to a *VET provider if:

 (a) the Secretary is satisfied that the provider has not complied with this Schedule and the regulations (if any) relating to this Schedule, and the *VET Guidelines that apply to the provider; or

 (b) the Secretary is aware of information that suggests that the provider may not comply with this Schedule and the regulations (if any) relating to this Schedule, and the VET Guidelines that apply to the provider; or

 (c) the Secretary is aware of information that suggests that the provider may not remain financially viable.

 (1B) In deciding whether to take action under subclause (1A), the *Secretary may consider any or all of the following matters:

 (a) in the case of noncompliance or possible noncompliance by the *VET provider:

 (i) whether the noncompliance or possible noncompliance is of a minor or major nature; and

 (ii) the period for which the provider has been approved as a VET provider; and

 (iii) the provider’s history of compliance with this Schedule and the regulations (if any) relating to this Schedule, and the *VET Guidelines that apply to the provider;

 (b) in any case, the impact of the VET provider’s noncompliance, possible noncompliance or possible lack of financial viability, and of the proposed variation or revocation of the determination, on:

 (i) the VET provider’s students; and

 (ii) vocational education and training provided by the VET provider; and

 (iii) the provision of vocational education and training generally;

 (c) in any case, the public interest;

 (d) in any case, any other matters specified in the VET Guidelines.

 (2) If the advance exceeds the amount that becomes payable, an amount equal to the excess may be:

 (a) deducted from any amount that is payable, or to be paid, to the provider under this Schedule; or

 (b) recovered by the Commonwealth from the provider as a debt due to the Commonwealth.

 (3) If the provider uses the advance for a purpose other than that for which it was given, an amount equal to the advance may be:

 (a) deducted from any amount that is payable, or to be paid, to the provider under this Schedule; or

 (b) recovered by the Commonwealth from the provider as a debt due to the Commonwealth.

 (4) The conditions that would be applicable to a payment of the amount on account of which the advance is made are applicable to the advance.

 (5) This clause does not affect determinations of advances under section 16410.

62  Rounding of amounts

  If an amount payable by the Commonwealth under this Schedule is an amount made up of dollars and cents, round the amount down to the nearest dollar.

Division 12Administrative requirements on VET providers

63  What this Division is about

This Division imposes a number of administrative requirements on VET providers.

64  Notices

Who gets a notice?

 (1) A *VET provider must give such notices as are required by the *VET Guidelines to a person:

 (a) who is enrolled with the provider for a *VET unit of study; and

 (b) who is seeking Commonwealth assistance under this Schedule for the unit.

Contents of notice

 (2) A notice must contain the information set out in the *VET Guidelines as information that must be provided in such a notice.

Manner in which notice to be given

 (2A) A notice must be given in the manner (if any) set out in the *VET Guidelines.

Date by which notice to be given

 (3) A notice must be given within the period set out in the *VET Guidelines.

Purpose and effect of notice

 (4) A notice under this clause is given for the purpose only of providing information to a person. Any liability or entitlement of a person under this Schedule is not affected by:

 (a) the failure of a *VET provider to give a notice under this clause; or

 (b) the failure of a VET provider to give such a notice by the date required under the *VET Guidelines; or

 (c) the notice containing an incorrect statement.

65  Correction of notices

 VET provider to correct notice

 (1) If, after giving a person a notice under clause 64, a *VET provider is satisfied that a material particular in the notice was not, or has ceased to be, correct, the provider must give a further written notice to the person setting out the correct particular.

Person may request correction of notice

 (2) A person who receives a notice from a *VET provider under clause 64 may give to the provider a written request for the notice to be corrected in respect of a material particular if the person considers that the notice was not, or has ceased to be, correct in that particular.

 (3) The request must be given to an *appropriate officer of the provider either:

 (a) within 14 days after the day the notice was given; or

 (b) within such further period as the provider allows for the giving of the request.

 (4) The request must:

 (a) specify the particular in the notice that the person considers is incorrect; and

 (b) specify the reasons the person has for considering that the particular is incorrect.

 (5) The making of the request does not affect any liability or entitlement of the person under this Schedule.

 VET provider to process request

 (6) If a *VET provider receives a request under this clause the provider must, as soon as practicable:

 (a) determine the matter to which the request relates; and

 (b) notify the person in writing of the provider’s determination; and

 (c) if the provider determines that a material particular in the notice was not, or has ceased to be, correct—give a further notice under subclause (1).

66  Charging VET tuition fees

  A *VET provider must not require a *domestic student who is enrolling in a unit in circumstances that make it a replacement unit within the meaning of the *VET tuition assurance requirements to pay to the provider the student’s *VET tuition fee for the unit.

67  Determining census dates

 (1) A *VET provider must, for each *VET unit of study it provides or proposes to provide during a period ascertained in accordance with the *VET Guidelines, determine for that period a particular date to be the *census date for the unit.

Note: If a VET provider provides the same unit over different periods, the unit is taken to be a different VET unit of study in respect of each period. Therefore the provider will have to determine a separate census date in respect of each period.

 (2) A date determined under subclause (1) must be determined in accordance with the *VET Guidelines.

 (3) The provider must publish the *census date for the unit by the date ascertained in accordance with, and in the manner specified in, the *VET Guidelines.

Variations

 (4) The provider must not vary the *census date for the unit after publication under subclause (3), unless the provider:

 (a) does so:

 (i) before the date ascertained in accordance with the *VET Guidelines; and

 (ii) in circumstances specified in the VET Guidelines; or

 (b) does so with the written approval of the Minister.

 (5) If paragraph (4)(a) applies, the provider must publish the variation by the date ascertained in accordance with, and in the manner specified in, the *VET Guidelines.

 (6) If paragraph (4)(b) applies, the provider must publish the variation by the date, and in the manner, specified by the Minister in the approval.

68  Communications with the Commonwealth concerning students etc.

  In communications under, or for the purposes of, this Schedule between the Commonwealth and a *VET provider concerning a person who:

 (a) is enrolled, or seeking to enrol, in a *VET unit of study with the provider; and

 (b) has indicated that the person is seeking Commonwealth assistance under this Schedule for the unit;

the provider must use any identifier for that person that the *Secretary has indicated must be used in such communications.

Division 13Electronic communications

69  What this Division is about

Certain documents that this Schedule requires or permits to be given between students and VET providers may be transmitted electronically.

70  Guidelines may deal with electronic communications

 (1) The *VET Guidelines may make provision for or in relation to requiring or permitting information or documents to be given by students to *VET providers, or by VET providers to students, in accordance with particular information technology requirements:

 (a) on a particular kind of data storage device; or

 (b) by means of a particular kind of electronic communication.

 (2) The *VET Guidelines may make provision for or in relation to requiring, in relation to an electronic communication from a student to a *VET provider:

 (a) that the communication contain an electronic signature (however described); or

 (b) that the communication contain a unique identification in an electronic form; or

 (c) that a particular method be used to identify the originator of the communication and to indicate the originator’s approval of the information communicated.

 (3) The reference in subclause (1) to giving information includes a reference to anything that is giving information for the purposes of section 9 of the Electronic Transactions Act 1999.

 (4) In this clause:

data storage device has the same meaning as in the Electronic Transactions Act 1999.

electronic communication has the same meaning as in the Electronic Transactions Act 1999.

information has the same meaning as in the Electronic Transactions Act 1999.

information technology requirements has the same meaning as in the Electronic Transactions Act 1999.

Division 14Management of information

71  What this Division is about

A VET officer who discloses, copies or records VET personal information otherwise than in the course of official employment, or causes unauthorised access to or modification of VET personal information, commits an offence unless an exception applies.

72  Meaning of VET personal information

  VET personal information is:

 (a) information or an opinion about an identified individual, or an individual who is reasonably identifiable:

 (i) whether the information or opinion is true or not; and

 (ii) whether the information or opinion is recorded in a material form or not; and

 (b) obtained or created by a *VET officer for the purposes of:

 (i) Division 5A of Part 1, or Part 2, of this Schedule; or

 (ii) Chapter 4, to the extent that it relates to this Schedule.

73  Use of VET personal information

Offence

 (1) A *VET officer commits an offence if:

 (a) the officer either:

 (i) discloses information; or

 (ii) makes a copy or other record of information; and

 (b) the information is *VET personal information; and

 (c) the information was acquired by the officer in the course of the officer’s *official employment; and

 (d) the disclosure did not occur, or the copy or record was not made, in the course of that official employment.

Penalty: Imprisonment for 2 years.

Exception—consent

 (2) Subclause (1) does not apply if the person to whom the *VET personal information relates has consented to the disclosure, or the making of the copy or record.

Note: A defendant bears an evidential burden in relation to the matter in this subclause: see subsection 13.3(3) of the Criminal Code.

Exception—authorised or required by a Commonwealth law

 (3) Subclause (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of the Commonwealth.

Note: A defendant bears an evidential burden in relation to the matter in this subclause: see subsection 13.3(3) of the Criminal Code.

Exception—authorised or required by certain State or Territory laws

 (4) Subclause (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of a State or Territory:

 (a) that relates to the administration, regulation or funding of vocational education or training; or

 (b) that is specified in the *VET Guidelines for the purposes of this paragraph.

Note: A defendant bears an evidential burden in relation to the matter in this subclause: see subsection 13.3(3) of the Criminal Code.

74  Meanings of VET officer etc. and official employment

Meaning of VET officer

 (1) A person is a VET officer if:

 (a) the person is or was a *Commonwealth officer (see subsection 17915(2)); or

 (aa) the person is or was an *officer of a Tertiary Admission Centre (see subsection 17915(3B)); or

 (b) the person is or was an *officer of a *VET provider (see subclause (2)).

 (2) A person is an officer of a VET provider if the person is:

 (a) an officer or employee of the provider; or

 (b) a person who, although not an officer or employee of the provider, performs services for or on behalf of the provider.

Meaning of official employment

 (3) Official employment of a *VET officer is:

 (a) for a *Commonwealth officer—the performance of duties or functions, or the exercise of powers:

 (i) under, or for the purposes of, this Schedule; or

 (ii) conferred as described in clause 39GB (about functions and powers under the Regulatory Powers Act); or

 (aa) for an *officer of a Tertiary Admission Centre—service as such an officer; or

 (b) for an *officer of a VET provider—service as such an officer.

75  When information is disclosed in the course of official employment

  Without limiting the matters that are disclosures that occur in the course of a *VET officer’s *official employment for the purposes of paragraph 73(d), the following disclosures are taken to be disclosures that occur in the course of a VET officer’s official employment:

 (a) disclosure by a *Commonwealth officer of *VET personal information to another Commonwealth officer to assist that other officer in the other officer’s official employment;

 (aa) disclosure by a Commonwealth officer of VET personal information in accordance with Division 180;

 (ab) disclosure by a Commonwealth officer of VET personal information relating to a *civil penalty provision for purposes relating to:

 (i) monitoring or investigating compliance with the civil penalty provision; or

 (ii) enforcing the civil penalty provision; or

 (iii) issuing an infringement notice in relation to the civil penalty provision;

 (b) disclosure by a VET officer of VET personal information to the Administrative Appeals Tribunal in connection with a *reviewable VET decision;

 (c) disclosure by a Commonwealth officer of VET personal information to an *officer of a VET provider to assist the provider’s officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Schedule;

 (ca) disclosure by a Commonwealth officer of VET personal information to an *officer of a Tertiary Admission Centre to assist the officer of the Tertiary Admission Centre in performing duties or functions, or in exercising powers, under, or for the purposes of, this Schedule;

 (cb) disclosure by a Commonwealth officer of VET personal information to a person appointed to, or employed or engaged by, a *State or Territory VET regulator to assist the person in their service with that regulator;

 (d) disclosure by an officer of a VET provider of VET personal information to a Commonwealth officer to assist the Commonwealth officer in the Commonwealth officer’s official employment;

 (e) disclosure by an officer of a VET provider of VET personal information to an officer of a Tertiary Admission Centre to assist the officer of the Tertiary Admission Centre in performing duties or functions, or in exercising powers, under, or for the purposes of, this Schedule;

 (f) disclosure by an officer of a Tertiary Admission Centre of VET personal information to a Commonwealth officer to assist the Commonwealth officer in the Commonwealth officer’s official employment;

 (g) disclosure by an officer of a Tertiary Admission Centre of VET personal information to an officer of a VET provider to assist the provider’s officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Schedule.

76  Commissioner may disclose information

 (1) Despite anything in an Act of which the *Commissioner has the general administration, the Commissioner, or a person authorised by the Commissioner, may communicate *VET personal information to a *VET officer for use by that officer:

 (a) in the case of a *Commonwealth officer—in the course of the officer’s *official employment; or

 (aa) in the case of an *officer of a Tertiary Admission Centre—to assist the officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Schedule; or

 (b) in the case of an *officer of a *VET provider—to assist the officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Schedule.

 (2) Despite subsection 13.3(3) of the Criminal Code, in a prosecution for an offence against an Act of which the *Commissioner has the general administration, the defendant does not bear an evidential burden in relation to whether this clause applies to a communication of *VET personal information.

77  Oath or affirmation to protect information

 (1) A *VET officer must, if and when required by the *Secretary or the *Commissioner to do so, make an oath or affirmation to protect information in accordance with this Division.

 (2) The *Secretary may determine, in writing:

 (a) the form of the oath or affirmation that the Secretary will require; and

 (b) the manner in which the oath or affirmation must be made.

 (3) The *Commissioner may determine, in writing:

 (a) the form of the oath or affirmation that the Commissioner will require; and

 (b) the manner in which the oath or affirmation must be made.

78  Unauthorised access to, or modification of, VET personal information

 (1) A person commits an offence if:

 (a) the person causes any unauthorised access to, or modification of, *VET personal information:

 (i) that is held in a computer; and

 (ii) to which access is restricted by an access control system associated with a function of the computer; and

 (b) the person intends to cause the access or modification; and

 (c) the person knows that the access or modification is unauthorised; and

 (d) either of the following apply:

 (i) the VET personal information is held in a computer of a *VET provider;

 (ii) the VET personal information is held on behalf of a provider;

 (iii) the VET personal information is held on a computer of a *Tertiary Admission Centre;

 (iv) the VET personal information is held on behalf of a Tertiary Admission Centre.

Penalty: 2 years imprisonment.

 (2) Absolute liability applies to paragraph (1)(d).

78A  Officer may use information

  A *VET officer may use *VET personal information in the course of the officer’s *official employment.

78B  This Division does not limit disclosure or use of information

  This Division does not limit the disclosure or use of *VET personal information.

Note: The disclosure or use of VET personal information may also be authorised in other circumstances. For example, see Division 180 and the Privacy Act 1988.

Division 15Tax file numbers

Subdivision 15AIntroduction

79  What this Division is about

Requirements relating to students’ tax file numbers apply to assistance under Part 2 that gives rise to VET FEEHELP debts.

The Commissioner may notify VET providers or the Secretary of matters relating to tax file numbers.

 VET providers have obligations relating to notifying students about tax file number requirements.

 VET providers have obligations relating to cancelling the enrolment of students who do not have tax file numbers.

Note: Part VA of the Income Tax Assessment Act 1936 provides for issuing, cancelling or altering tax file numbers.

Subdivision 15BWhat are the tax file number requirements for assistance under Part 2?

80  Meeting the tax file number requirements

 (1) A student who is enrolled, or proposes to enrol, with a *VET provider in a *VET unit of study meets the tax file number requirements for assistance under Part 2 if:

 (a) the student notifies his or her *tax file number to:

 (i) an *appropriate officer of the provider; and

 (ii) the *Secretary;

  and the provider is satisfied (in accordance with subclause (4)) that this number is a valid tax file number; or

 (b) the student gives to the officer a certificate from the *Commissioner stating that the student has applied to the Commissioner asking the Commissioner to issue a tax file number to the student.

 (2) Compliance by a person with subclause (1) in relation to a *VET course of study is to be ignored in determining whether there has been compliance by the person with subclause (1) in relation to any other VET course of study.

 (2A) If the student is seeking *VET FEEHELP assistance for a *VET unit of study, he or she does not meet the tax file number requirements for the assistance unless he or she complies with subclause (1) on or before the *census date for the unit.

 (3) A notification under paragraph (1)(a) may be included in a *request for Commonwealth assistance that the student has given to the provider in relation to:

 (a) the *VET unit of study for which the assistance is sought; or

 (b) the *VET course of study of which the unit forms a part; or

 (c) any other VET unit of study forming part of that course.

 (4) The *Commissioner may issue guidelines about the circumstances in which a *VET provider is to be, or is not to be, satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(a).

 (5) A certificate under paragraph (1)(b) must be in the *approved form.

 (6) A guideline issued under subclause (4) is a legislative instrument.

81  Who is an appropriate officer?

  An appropriate officer of a *VET provider, means a person, or a person included in a class of persons, whom:

 (a) the chief executive officer of the provider; or

 (b) a delegate of the chief executive officer of the provider;

has appointed to be an appropriate officer of the provider for the purposes of this Schedule.

82  Student to notify tax file number when issued

  If a student *meets the tax file number requirements for the assistance under paragraph 80(1)(b):

 (a) the student must notify his or her *tax file number to:

 (i) an *appropriate officer of the *VET provider; and

 (ii) the *Secretary;

  within 21 days from the day on which the *Commissioner issues the tax file number to the student; and

 (b) the provider must be satisfied (in accordance with subclause 80(4)) that this number is a valid tax file number.

Subdivision 15CWho can the Commissioner notify of tax file number matters?

83  When tax file numbers are issued etc.

  The *Commissioner may give to a *VET provider, and to the *Secretary, written notice of the *tax file number of a student who is enrolled in a *VET course of study with the provider if the Commissioner:

 (a) issues the tax file number to the student; or

 (b) refuses to issue a tax file number to the student on the ground that the student already has a tax file number.

84  When tax file numbers are altered

 (1) The *Commissioner may give to a *VET provider, and to the *Secretary, written notice of the *tax file number of a student who is enrolled in a *VET course of study with the provider if the Commissioner issues a new tax file number to the student in place of a tax file number that has been withdrawn.

 (2) That new number is taken to be the number that the student notified to the provider and to the *Secretary.

85  When tax file numbers are incorrectly notified—students with tax file numbers

 (1) If the *Commissioner is satisfied:

 (a) that the *tax file number that a student has notified to a *VET provider or the *Secretary (or both):

 (i) has been cancelled or withdrawn since the notification was given; or

 (ii) is otherwise wrong; and

 (b) that the student has a tax file number;

the Commissioner may give to the provider and the Secretary written notice of the incorrect notification and of the student’s tax file number.

 (2) That number is taken to be the number that the student notified to the provider and to the *Secretary.

86  When tax file numbers are incorrectly notified—students without tax file numbers

 (1) If:

 (a) the *Commissioner is satisfied that the *tax file number that a student notified to a *VET provider or the *Secretary (or both):

 (i) has been cancelled since the notification was given; or

 (ii) is for any other reason not the student’s tax file number; and

 (b) the Commissioner is not satisfied that the student has a tax file number;

the Commissioner may give to the provider and the Secretary a written notice informing the provider and the Secretary accordingly.

 (2) The *Commissioner must give a copy of any notice under subclause (1) to the student concerned, together with a written statement of the reasons for the decision to give the notice.

Note: Decisions to give notice under subclause (1) are reviewable under section 202F of the Income Tax Assessment Act 1936.

87  When applications are refused or tax file numbers are cancelled

 (1) If the *Commissioner:

 (a) refuses a student’s application for the issue of a *tax file number; or

 (b) cancels a tax file number issued to a student;

the Commissioner may give to a *VET provider with which the student is enrolled in a *VET course of study, and to the *Secretary, a written notice informing the provider and the Secretary accordingly.

 (2) The *Commissioner must give a copy of any notice under subclause (1) to the student concerned, together with a written statement of the reasons for the decision to give the notice.

Note: Decisions to give notice under subclause (1) are reviewable under section 202F of the Income Tax Assessment Act 1936.

Subdivision 15DOther provisions relating to tax file numbers

88  Giving information about tax file number requirements

Requests for VET FEEHELP assistance—requirements on VET providers

 (1) A *VET provider must notify a person in writing how to *meet the tax file number requirements if:

 (a) the person is enrolled in a *VET unit of study with the provider; and

 (b) the person has, on or before the *census date for the unit, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to the unit or, where the *VET course of study of which the unit forms a part is undertaken with the provider, in relation to the VET course of study; and

 (c) in that request, the person requests *VET FEEHELP assistance for the unit or the course; and

 (d) the request does not include a number that purports to be the person’s *tax file number.

 (2) The provider must notify the person under subclause (1):

 (a) on or before the *census date for the unit; or

 (b) within 7 days after the person gives the provider the *request for Commonwealth assistance;

whichever is earlier.

 (3) A request for Commonwealth assistance, in relation to a person enrolling in a *VET unit of study means a document:

 (a) in which the person requests the Commonwealth to provide assistance under this Act in relation to the unit or, where the unit forms part of a *VET course of study undertaken with the provider, in relation to the course of study; and

 (aa) if subclause (3A) applies to the person—that is signed by a *responsible parent of the person (in addition to being signed by the person); and

 (b) that is in the form approved by the Minister.

 (3A) This subclause applies to the person if the person:

 (a) is under 18 years old; and

 (b) has at least one *responsible parent;

unless the person is receiving, or has received, youth allowance (within the meaning of the Social Security Act 1991) on the basis that the person is independent (within the meaning of Part 2.11 of that Act).

Cases where there is no obligation to notify

 (4) Subclauses (1) and (2) do not apply to the person if the person, in the *request for Commonwealth assistance, requests *VET FEEHELP assistance but the person is not entitled to the assistance.

89  No entitlement to VET FEEHELP assistance for students without tax file numbers

 (1) This subclause applies to a person in relation to a *VET unit of study if:

 (a) the person is enrolled with a *VET provider in the unit; and

 (b) the provider receives notice under clause 86 or 87 to the effect that the person does not have, or no longer has, a *tax file number; and

 (c) at the end of 28 days after the provider receives that notice, the provider has not been notified of a number that the provider is satisfied (in accordance with subclause (3)) is a valid tax file number; and

 (d) the person is entitled to *VET FEEHELP assistance for the unit (ignoring paragraph 43(1)(h)).

Note: The person’s HELP balance in relation to the unit is recredited: see subclause 47(1).

 (2) A *VET provider must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(d), comply with the guidelines issued by the *Commissioner under subclause 80(4).

 (3) A *VET provider must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons of the need to obtain a valid *tax file number where the persons may be affected by subclause (1) applying to them.

 (4) A guideline issued under subclause (3) is a legislative instrument.

Division 16Review of decisions

Subdivision 16AIntroduction

90  What this Division is about

Some decisions made under this Schedule are subject to reconsideration and then review by the Administrative Appeals Tribunal.

Subdivision 16BWhich decisions are subject to review?

91  Reviewable VET decisions etc.

  The following table sets out:

 (a) the reviewable VET decisions under this Schedule; and

 (b) the decision maker, for the purposes of this Division, in respect of each of those decisions.

 

Reviewable VET decisions

Item

Decision

Provision under which decision is made

Decision maker

1A

A decision to impose a condition on the approval of a *VET provider

subclause 12A(1)

the Minister

1B

A decision to vary a condition imposed on the approval of a *VET provider

subclause 12A(2)

the Minister

1C

A decision to suspend a body’s approval as a *VET provider

subclause 36(5)

the *Secretary

1D

A decision that concerns have not been satisfactorily resolved in accordance with a plan agreed with the Commonwealth

paragraph 36(6)(b)

the *Secretary

1E

Refusal to grant a credit for a *VET provider’s *VET FEEHELP account

paragraph 45D(2)(f)

the *Secretary

1F

Granting a credit for a *VET provider’s *VET FEEHELP account

paragraph 45D(2)(f)

the *Secretary

1G

Refusal to remit the general interest charge

subclause 45E(7)

the *Secretary

1H

Remitting part of the general interest charge

subclause 45E(7)

the *Secretary

1

Refusal to recredit a person’s *HELP balance

subclause 46(2)

(a) the *VET provider with whom the student is enrolled in the unit; or

(b) if the *Secretary made the decision to refuse the recrediting—the Secretary

2

Refusal to recredit a person’s *HELP balance

subclause 46A(1)

the *Secretary

3

Recrediting a person’s *HELP balance

subclause 46A(1)

the *Secretary

4

Refusal of an application under subclause 46AA(3) to recredit a person’s *HELP balance

subclause 46AA(1)

the *Secretary

5

A decision to recredit a person’s *HELP balance to which subclause 56(4) applies

subclause 46AA(1)

the *Secretary

Note: The decisions referred to in item 1 of the table are made by a VET provider on the Secretary’s behalf.

92  Deadlines for making reviewable VET decisions

  If:

 (a) this Schedule provides for a person to apply to a *decision maker to make a *reviewable VET decision; and

 (b) a period is specified under this Schedule for giving notice of the decision to the applicant; and

 (c) the decision maker has not notified the applicant of the decision maker’s decision within that period;

the decision maker is taken, for the purposes of this Schedule, to have made a decision to reject the application.

93  Decision maker must give reasons for reviewable VET decisions

 (1) If this Schedule requires the *decision maker to notify a person of the making of a *reviewable VET decision, the notice must include reasons for the decision.

 (2) Subclause (1) does not affect an obligation, imposed upon the *decision maker by any other law, to give reasons for a decision.

Subdivision 16CHow are decisions reconsidered?

94  Reviewer of decisions

 (1) The reviewer of a *reviewable VET decision is:

 (a) if the *decision maker was a *VET provider acting on behalf of the *Secretary—the Secretary; or

 (b) in any other case—the decision maker, but see subclause (2).

 (2) If:

 (a) a *reviewable VET decision was made by a delegate of a *decision maker; and

 (b) the decision is to be reconsidered by a delegate of the decision maker;

then the delegate who reconsiders the decision must be a person who:

 (c) was not involved in making the decision; and

 (d) occupies a position that is senior to that occupied by any person involved in making the decision.

Note: The Secretary may delegate to a review officer of a VET provider the power to reconsider reviewable VET decisions made under Part 2: see subclause 98(2).

95  Reviewer may reconsider reviewable VET decisions

 (1) The *reviewer of a *reviewable VET decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.

 (2) The *reviewer may reconsider the decision even if:

 (a) an application for reconsideration of the decision has been made under clause 96; or

 (b) the decision has been confirmed, varied or set aside under clause 96 and an application has been made under clause 97 for review of the decision.

 (3) After reconsidering the decision, the *decision maker must:

 (a) confirm the decision; or

 (b) vary the decision; or

 (c) set the decision aside and substitute a new decision.

 (4) The *reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:

 (a) on the day specified in the decision on review; or

 (b) if a day is not specified—on the day on which the decision on review was made.

 (5) The *reviewer must give written notice of the decision on review to the person to whom that decision relates.

 (6) The notice:

 (a) must be given within a reasonable period after the decision is made; and

 (b) must contain a statement of the reasons for the *reviewer’s decision on review.

Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person’s review rights.

96  Reconsideration of reviewable VET decisions on request

 (1) A person whose interests are affected by a *reviewable VET decision may request the *reviewer to reconsider the decision.

 (2) The person’s request must be made by written notice given to the *reviewer within 28 days, or such longer period as the reviewer allows, after the day on which the person first received notice of the decision.

 (3) The notice must set out the reasons for making the request.

 (4) After receiving the request, the *reviewer must reconsider the decision and:

 (a) confirm the decision; or

 (b) vary the decision; or

 (c) set the decision aside and substitute a new decision.

 (5) The *reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:

 (a) on the day specified in the decision on review; or

 (b) if a day is not specified—on the day on which the decision on review was made.

 (6) The *reviewer must give the person written notice of the decision on review.

 (7) The notice:

 (a) must be given within a reasonable period after the decision on review is made; and

 (b) must contain a statement of the reasons for the decision on review.

 (8) The *reviewer is taken, for the purposes of this Division, to have confirmed the decision if the reviewer does not give notice of a decision to the person within 45 days after receiving the person’s request.

Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person’s review rights.

Subdivision 16DWhich decisions are subject to AAT review?

97  AAT review of reviewable VET decisions

  An application may be made to the Administrative Appeals Tribunal for the review of a *reviewable VET decision that has been confirmed, varied or set aside under clause 95 or 96.

Part 4Miscellaneous

 

97A  Compensation for acquisition of property

 (1) If the operation of this Schedule would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

 (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

 (3) In this clause:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

98  Delegations by Secretary

 (1) The *Secretary may, in writing, delegate to an APS employee all or any of the powers of the Secretary under the *VET Guidelines.

Note: Section 2385 provides for the Minister to delegate his or her powers under this Act.

 (2) The *Secretary may, in writing, delegate to a *review officer of a *VET provider the Secretary’s powers under Subdivision 16C to reconsider *reviewable VET decisions made by the provider relating to Part 2.

 (3) In exercising powers under the delegation, the delegate must comply with any directions of the *Secretary.

99  VET Guidelines

 (1) The Minister may, by legislative instrument, make guidelines (the VET Guidelines), providing for matters:

 (a) required or permitted by this Schedule to be provided; or

 (b) necessary or convenient to be provided in order to carry out or give effect to this Schedule.

Note: The VET Guidelines may make different provision with respect to different matters or different classes of matters (see subsection 33(3A) of the Acts Interpretation Act 1901). For example, the VET Guidelines may provide for different requirements for different kinds of VET providers.

Indexation

 (2) The *VET Guidelines may provide for the indexation of any or all amounts in the VET Guidelines, using the method of indexation set out in Part 56.

Schedule 1Dictionary

Note: Section 110 describes how asterisks are used to identify terms that are defined in this Act.

 

 

1  Definitions

 (1) In this Act, unless the contrary intention appears:

ABS Remoteness Structure means the Remoteness Structure described in:

 (a) the document titled “Australian Statistical Geography Standard (ASGS): Volume 5—Remoteness Structure, July 2016”, published by the Australian Statistician, as amended from time to time; or

 (b) the most recent replacement of the document referred to in paragraph (a) that is published by the Australian Statistician, as amended from time to time.

Note: The Australian Statistical Geography Standard (ASGS): Volume 5—Remoteness Structure, July 2016 could in 2019 be viewed on the Australian Bureau of Statistics website (https://www.abs.gov.au).

accredited course means a *course of study (other than an *enabling course) that:

 (a) if a *registered higher education provider is authorised by or under the *TEQSA Act to selfaccredit the course of study—is accredited by the provider; and

 (b) otherwise—is accredited by TEQSA.

accumulated HELP debt has the meaning given by section 14025.

affected unit, of an *original course, means a unit of study that a student was undertaking as part of a *course of study when a higher education provider *defaulted in relation to the student.

annual financial reporting period has the meanings given by subsection 1910(3) and subclause 15(3) of Schedule 1A.

applicable court means:

 (a) the Federal Court of Australia; or

 (b) the Federal Circuit Court of Australia; or

 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

appropriate officer:

 (a) in relation to a higher education provider, has the meaning given by section 1872; and

 (b) in relation to a *VET provider, has the meaning given by clause 81 of Schedule 1A.

approved form has the meaning given by section 38850 in Schedule 1 to the Taxation Administration Act 1953.

assessed worldwide income has the meaning given by section 15417.

assessing body has the meaning given by section 10455.

assessing body of a State or Territory has the meaning given by subsection 10455(3).

assessment statement has the meaning given by section 10450.

Australian branch, of a *Table C provider, means:

 (a) if that provider conducts its higher education operations in Australia through a branch of the body corporate that is listed in Table C in section 1623—that branch; or

 (b) otherwise—the body corporate through which that provider conducts its higher education operations in Australia.

Australian Qualifications Framework means the framework for recognition and endorsement of qualifications:

 (a) that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and

 (b) that is to give effect to agreed standards in relation to the provision of education in Australia;

as in force from time to time.

Australian Quality Training Framework means the arrangements agreed from time to time between the Commonwealth, the States and the Territories to ensure the high quality of vocational education and training (VET) services.

Australian Statistician means the Australian Statistician referred to in subsection 5(2) of the Australian Bureau of Statistics Act 1975.

Australian university means a *registered higher education provider:

 (a) that, for the purposes of the *TEQSA Act, is registered in a provider category that permits the use of the word “university”; and

 (b) that:

 (i) is established by or under, or recognised by, a law of the Commonwealth, a State or a Territory; or

 (ii) is registered as a company under Part 2A.2 of the Corporations Act 2001.

bridging course for overseastrained professionals has the meaning given by section 10445.

census date:

 (a) for a unit of study for a year, means:

 (i) if the student undertaking the unit has not accessed it through *Open Universities Australia—the date determined under section 16925; and

 (ii) if the student undertaking the unit has accessed it through Open Universities Australia—the date determined under subsection 1044(5); and

 (b) for a *VET unit of study for a year, means the date determined under clause 67 of Schedule 1A.

census day, for a course or a part of a course, has the same meaning as in the VET Student Loans Act 2016.

Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.

civil penalty provision:

 (a) other than in Schedule 1A—has the same meaning as in the Regulatory Powers Act; and

 (b) in Schedule 1A—means each of the following clauses or subclauses of that Schedule:

 (i) subclauses 39DB(1) and (2);

 (ii) subclauses 39DC(1) and (2);

 (iii) clause 39DE;

 (iv) subclause 39DF(1);

 (v) subclause 39DG(1);

 (vi) subclauses 39DH(1) and (2);

 (vii) subclauses 39DI(1) and (2);

 (viii) clauses 39DJ, 39DK and 39DL.

Commissioner means the Commissioner of Taxation.

Commonwealth contribution amount means an amount specified in subsection 3310(1).

Commonwealth officer has the meaning given by subsection 17915(2).

Commonwealth scholarship means a scholarship payable under Part 24.

Commonwealth supported student has the meaning given by section 365.

compact and academic freedom requirements are the requirements set out in Subdivision 19G.

compliance requirements are the requirements set out in Subdivision 19E.

compulsory repayment amount means an amount that:

 (a) is required to be paid in respect of an *accumulated HELP debt under section 1541 or 15416; and

 (b) is included in a notice of an assessment made under section 15435.

consent includes consent that can reasonably be inferred from the conduct of the person concerned.

contribution and fee requirements are the requirements set out in Subdivision 19F.

course of study means:

 (a) an *enabling course; or

 (b) a single course leading to a *higher education award; or

 (c) a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to 1 or more *higher education awards.

Example: An example of a combined or double course covered by paragraph (c) is a course that leads to the higher education awards of Bachelor of Arts and Bachelor of Laws.

course of study in aviation: see subsection 12820(2).

course of study in dentistry means a *course of study, completion of which would satisfy the minimum academic requirements for registration as a dentist by an authority of a State, a Territory or the Commonwealth, regardless of whether further dentistry study is completed before registration is sought.

course of study in education: see section 1425.

course of study in medicine means a *course of study, completion of which would allow provisional registration as a medical practitioner by an authority of a State, a Territory or the Commonwealth.

course of study in veterinary science means a *course of study, completion of which would satisfy the minimum academic requirements for registration as a veterinary surgeon or veterinary practitioner by an authority of a State, a Territory or the Commonwealth, regardless of whether further veterinary science study is completed before registration is sought.

decision maker:

 (a) for a *reviewable decision, means the person listed in column 3 of the table in section 2061, in respect of a decision in column 2 of the table, as the decision maker in respect of that decision; and

 (b) for a *reviewable VET decision, means the person listed in column 3 of the table in clause 91 of Schedule 1A, in respect of a decision in column 2 of the table, as the decision maker in respect of that decision.

default: see section 16610.

demand driven higher education course means a *course of study that:

 (a) is undertaken by an *eligible Indigenous person for the course of study with a *Table A provider; and

 (b) is leading to a *higher education award that is a bachelor degree or bachelor honours degree; and

 (c) is not a *designated higher education course.

Departmental investigator means a person appointed under subclause 39GA(1) of Schedule 1A.

dependent child means a person who is aged under 18 and does not have a spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901).

designated higher education course has the meaning given by subsection 3012(1).

domestic student means a student who is not an *overseas student.

EFTSL has the meaning given by section 16927.

EFTSL value, of a unit of study, has the meaning given by section 16928.

electronic communication has the meaning given by the Electronic Transactions Act 1999.

eligible Indigenous person: an Indigenous person is an eligible Indigenous person for a *course of study with a *Table A provider if, at the time the person first enrols in a course of study with that provider, the person’s permanent residential address is in a *regional area or a *remote area.

eligible scholarship provider has the meaning given by subsection 4615(3).

employer contribution amount, for a unit of study, is the amount that an employer has contributed, towards the cost of the unit, for a student enrolled in the unit under a *restricted access arrangement for the *course of study of which the unit forms a part.

employer reserved place means a place, in a *course of study, made available under a *restricted access arrangement for the course.

enabling course means a course of instruction provided to a person for the purpose of enabling the person to undertake a course leading to a *higher education award, but does not include:

 (a) a course leading to a higher education award; or

 (b) any course that the Minister determines is not an enabling course for the purposes of this Act.

enrolled:

 (a) a person enrolled in a *course of study includes a person undertaking the course of study; and

 (b) a person enrolled in a *VET course of study includes a person undertaking the VET course of study.

exempt foreign income has the meaning given by subsection 1545(4).

exempt student has the meaning given by section 16920.

fairness requirements are the requirements set out in Subdivision 19D.

Federal Register of Legislation means the Federal Register of Legislation established under the Legislation Act 2003.

fee, for a unit of study for a year:

 (a) if the student undertaking the unit has not accessed it through *Open Universities Australia—has the meaning given by section 19102; and

 (b) if the student undertaking the unit has accessed it through Open Universities Australia—has the meaning given by subsections 1044(3) and (4).

FEEHELP assistance means assistance payable under Part 33.

FEEHELP debt has the meaning given by section 13710.

financial viability requirements are the requirements set out in Subdivision 19B.

first funding cluster means the *funding cluster referred to in item 1 of the table in section 3015.

foreign resident has the meaning given by subsection 9951(1) of the Income Tax Assessment Act 1997.

former accumulated HELP debt has the meaning given by section 1405.

funding clusters has the meaning given by section 3015.

general interest charge rate has the same meaning as in section 8AAD of the Taxation Administration Act 1953.

grandfathered Commonwealth contribution amount has the meaning given by subsection 3310(2).

grandfathered funding cluster part means:

 (a) any part of the *first funding cluster other than the Society and Culture part of that cluster; or

 (b) the Social Studies or Behavioural Science subpart of the Society and Culture part of the first funding cluster; or

 (c) any other subpart of the Society and Culture part of the first funding cluster; or

 (d) any part of the *second funding cluster.

grandfathered student: a person is a grandfathered student if:

 (a) any of the following apply in relation to the person:

 (i) the person commenced a *course of study (the ongoing course) with a higher education provider before 1 January 2021 but has not completed the ongoing course immediately before that day;

 (ii) the person completed a course of study (the earlier course) with a higher education provider before 1 January 2021 and, on or after that day, the person commences another course of study (the honours course) that relates to the earlier course and that is leading to a *higher education award that is an honours degree;

 (iii) the person was undertaking, in 2020, an *enabling course and, on or after 1 January 2021, the person commences another course of study (the later course) that is leading to a higher education award;

 (iv) the person was undertaking, in 2020, a course of study (the UC course) leading to a higher education award that is an undergraduate certificate and, on or after 1 January 2021, the person commences another course of study (the higher qualification course) that relates to the UC course and that is leading to a higher education award that is a bachelor degree; and

 (b) the person was, at any time before 1 January 2021, a *Commonwealth supported student in relation to a unit of study in the ongoing course, earlier course, enabling course or UC course (as the case may be); and

 (c) the person undertakes a unit of study as part of the ongoing course, honours course, later course or higher qualification course (as the case may be) that has a *census date that is on or after 1 January 2021.

Note: An undergraduate certificate is an award conferred by higher education providers under the Australian Qualifications Framework.

grant year has the meaning given by subsection 3025(1).

HECSHELP assistance means assistance payable under Part 32.

HECSHELP debt has the meaning given by section 1375.

HELP balance has the meaning given by section 12815.

HELP debt has the meaning given by section 1371.

HELP debt indexation factor has the meaning given by section 14010.

HELP loan limit has the meaning given by section 12820.

HELP program has the meaning given by subsection 18028(6).

HELP program Commonwealth officer has the meaning given by subsection 18028(7).

HELP Tuition Protection Director means the person referred to in section 16715.

HELP Tuition Protection Fund means the *HELP Tuition Protection Fund established by section 1671.

HELP Tuition Protection Fund Advisory Board means the HELP Tuition Protection Fund Advisory Board established by section 16730.

HELP tuition protection levy means levy imposed by the Higher Education Support (HELP Tuition Protection Levy) Act 2020.

HESA investigator means a person appointed under subsection 21535(1).

higher education award means:

 (a) a degree, status, title or description of bachelor, master or doctor; or

 (b) an award of graduate diploma or graduate certificate; or

 (c) any other award offered or conferred by a higher education provider under the *Australian Qualifications Framework, except an award offered or conferred for completing a *VET course of study.

higher education course means a *course of study other than the following:

 (a) a course of study that is a *designated higher education course;

 (b) a course of study that is a *demand driven higher education course.

higher education provider has the meaning given by section 161.

higher education provider charge means charge imposed by the Higher Education Support (Charges) Act 2019.

Higher Education Support Act information has the meaning given by section 1805.

income tax has the meaning given by subsection 9951(1) of the Income Tax Assessment Act 1997.

income tax law has the meaning given by subsection 9951(1) of the Income Tax Assessment Act 1997.

income year has the meaning given by subsection 9951(1) of the Income Tax Assessment Act 1997.

indexation factor has the meaning given by section 19815.

index number:

 (a) for the purposes of Parts 41 and 42, has the meaning given by clause 2 of this Schedule; and

 (b) for the purposes of Part 56, has the meaning given by section 19820.

Indigenous person has the same meaning as in the Indigenous Education (Targeted Assistance) Act 2000.

ineligible work experience unit for a *nongrandfathered student or a *grandfathered student means a unit of study that the student is enrolled in that meets the following conditions:

 (a) the unit wholly consists of *work experience in industry;

 (b) either:

 (i) the student is exempt from paying his or her *student contribution amount in relation to the unit; or

 (ii) the unit does not meet the requirements specified by the Administration Guidelines for the purposes of this subparagraph.

information system has the meaning given by the Electronic Transactions Act 1999.

judicial officer means:

 (a) a magistrate; or

 (b) a Judge of a court of a State or Territory; or

 (c) a Judge of the Federal Circuit Court of Australia; or

 (d) a Judge of the Federal Court of Australia.

listed professional occupation has the meaning given by section 10460.

listed provider has the meaning given by section 1610.

maximum basic grant amount has the meaning given by section 3027.

maximum OSHELP (Asian language study) amount has the meaning given by section 12115.

maximum OSHELP (overseas study) amount has the meaning given by section 1215.

maximum student contribution amount for a place has the meaning given by section 9310.

Medicare levy means the Medicare levy imposed by the Medicare Levy Act 1986.

meets the tax file number requirements has the meanings given by section 1871 and clause 80 of Schedule 1A.

Military Rehabilitation and Compensation Commission means the Military Rehabilitation and Compensation Commission established by section 361 of the Military Rehabilitation and Compensation Act 2004.

minimum OSHELP (Asian language study) amount, in relation to a higher education provider, means an amount determined by the provider under section 12120.

minimum OSHELP (overseas study) amount, in relation to a higher education provider, means an amount determined by the provider under section 12110.

minimum repayment income has the meaning given by section 15410.

national priority has the meaning given by section 3020.

National Register has the same meaning as in the National Vocational Education and Training Regulator Act 2011.

National VET Regulator has the same meaning as in the National Vocational Education and Training Regulator Act 2011.

nonaward basis: an enrolment in:

 (a) a subject or unit that a person may undertake with a higher education provider as part of a *course of study; or

 (b) a course of instruction with a higher education provider; or

 (c) a tuition and training program with a higher education provider;

is an enrolment on a nonaward basis if the unit, course or program is not being undertaken as part of a course of study.

nongrandfathered student means a person other than a *grandfathered student.

non selfaccrediting entity means a body corporate that:

 (a) is a *registered higher education provider; and

 (b) has no authorisation conferred by or under the *TEQSA Act to selfaccredit any *course of study that leads to a *higher education award.

number of Commonwealth supported places means:

 (a) in relation to an allocation of a number of Commonwealth supported places for a *funding cluster or a *grandfathered funding cluster part—the number of places allocated under section 3010 for that funding cluster or that grandfathered funding cluster part; or

 (b) in relation to the provision of a number of Commonwealth supported places in respect of *nongrandfathered students—the number worked out under subsection 3330(1); or

 (c) in relation to the provision of a number of Commonwealth supported places in respect of *grandfathered students—the number worked out under subsection 3330(1A).

NVETR Commissioner means:

 (a) the Chief Commissioner; or

 (b) a Commissioner;

within the meaning of the National Vocational Education and Training Regulator Act 2011.

NVETR investigator means a person appointed under subclause 39GA(2) of Schedule 1A.

NVETR staff member means a member of the staff of the Regulator (within the meaning of the National Vocational Education and Training Regulator Act 2011).

occupation includes the meaning given by section 10465.

officer has the meaning given by subsection 17915(1).

officer of a higher education provider has the meaning given by subsection 17915(3).

officer of a Tertiary Admission Centre has the meaning given by subsection 17915(3B).

officer of a VET provider has the meaning given by subclause 74(3) of Schedule 1A.

officer of Open Universities Australia has the meaning given by subsection 17915(3A).

official employment has the meanings given by subsection 17915(4) and subclause 74(3) of Schedule 1A.

Open Universities Australia means Open Universities Australia Pty Ltd (ACN 053 431 888).

original course means a *course of study in relation to which a higher education provider has *defaulted.

OSHELP assistance means assistance payable under Part 34.

OSHELP debt has the meaning given by section 13715.

overseas student means a person who:

 (a) is not an Australian citizen; and

 (b) is enrolled, or proposes to become enrolled, in:

 (i) a *course of study with a higher education provider; or

 (ii) a unit of study access to which was provided by *Open Universities Australia;

but does not include:

 (c) a person entitled to stay in Australia, or to enter and stay in Australia, without any limitation as to time; or

 (d) a New Zealand citizen; or

 (e) a diplomatic or consular representative of New Zealand, a member of the staff of such a representative or the spouse, de facto partner (within the meaning of the Acts Interpretation Act 1901) or dependent relative of such a representative.

Note: In relation to paragraph (e) of the definition of Overseas student, see also subclause (2).

permanent humanitarian visa holder means the holder of a visa that is, or has at any time been, defined as a permanent humanitarian visa for the purposes of the regulations made under the Migration Act 1958.

permanent visa holder means the holder of a permanent visa within the meaning of subsection 30(1) of the Migration Act 1958.

personal information has the meaning given by section 1795.

postgraduate course of study means a *course of study that:

 (a) leads to one or more of the following *higher education awards:

 (i) a graduate diploma;

 (ii) a graduate certificate;

 (iii) a master’s degree;

 (iv) a doctoral degree; and

 (b) does not lead to any other higher education award.

pre1 July 2019 VSL debt has the meaning given by subsection 13719(1).

qualified auditor means:

 (a) a registered company auditor (within the meaning of the Corporations Act 2001); or

 (d) a person approved by the Minister in writing as a qualified auditor for the purposes of this Act.

qualifying VET course means a structured and integrated program of vocational education or vocational training, usually consisting of a number of modules (units of study) or shorter programs, and leading to the award of a *VET diploma, *VET advanced diploma, *VET graduate diploma or *VET graduate certificate.

quality and accountability requirements has the meaning given by section 191.

quality requirements are the requirements set out in Subdivision 19C.

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

regional area means an area that is classified as inner regional Australia, or outer regional Australia, under the *ABS Remoteness Structure.

registered higher education provider has the same meaning as in the *TEQSA Act.

registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

related body corporate has the meaning given by section 9 of the Corporations Act 2001.

remote area means an area that is classified as remote Australia, or very remote Australia, under the *ABS Remoteness Structure.

Repatriation Commission means the body corporate continued in existence by section 179 of the Veterans’ Entitlements Act 1986.

repayable debt, for an *income year, has the meaning given by section 15415.

repayment income has the meaning given by section 1545.

replacement course means a *course of study that enables a student to finish:

 (a) an *original course; or

 (b) a course that is equivalent to an *original course.

replacement unit means a unit of study of a *replacement course that replaces an *affected unit of an *original course.

request for Commonwealth assistance:

 (a) in relation to a person enrolling in a unit of study with a higher education provider (where access to the unit is not provided by *Open Universities Australia)—has the meaning given by subsection 3640(3); and

 (b) in relation to a person to whom access to a unit of study is provided by Open Universities Australia—has the meaning given by subsection 1931(2C); and

 (ba) in relation to a *student services and amenities fee imposed on a person enrolled with a higher education provider in a *course of study or *bridging course for overseastrained professionals—has the meaning given by subsection 1261(2); and

 (c) in relation to a person enrolling in a *VET unit of study has the meaning given by subclause 88(3) of Schedule 1A.

requirements for entry, to a *listed professional occupation, has the meaning given by section 10470.

responsible parent has the same meaning as in the Australian Citizenship Act 2007.

restricted access arrangement, for a *course of study, means an arrangement:

 (a) that was entered into between the higher education provider providing the course and an employer or industry body; and

 (b) that limits or restricts enrolments in some or all of the places in the course.

return means an income tax return within the meaning of subsection 9951(1) of the Income Tax Assessment Act 1997.

reviewable decision means a decision listed in the table in section 2061.

reviewable VET decision means a decision listed in the table in clause 91 of Schedule 1A.

reviewer has the meanings given by section 2091 and clause 94 of Schedule 1A.

review officer:

 (a) of a higher education provider—has the meaning given by subsection 1950(2); and

 (b) of *Open Universities Australia—has the meaning given by subsection 2381(2B); and

 (c) of a *VET provider—has the meaning given by subclause 21(2) of Schedule 1A.

SAHELP assistance means assistance payable under Part 35.

SAHELP debt has the meaning given by section 13716.

second funding cluster means the *funding cluster referred to in item 2 of the table in section 3015.

Secretary means the Secretary of the Department.

selfaccrediting entity means a body corporate that:

 (a) is a *registered higher education provider; and

 (b) is authorised by or under the *TEQSA Act to selfaccredit one or more *courses of study that lead to a *higher education award.

State or Territory VET regulator means an agency or authority of a State or Territory responsible for regulating vocational education or vocational training in the State or Territory.

student means:

 (a) a person who is enrolled in a *course of study with a higher education provider, and includes a person who is enrolled in a unit of study access to which was provided by *Open Universities Australia; or

 (b) a person who is enrolled in a *VET course of study with a *VET provider.

student contribution amount has the meaning given by section 935.

student contribution amount for a place has the meaning given by subsection 935(1).

student entry procedure has the meaning given by subclause 23B(3) of Schedule 1A.

student services and amenities fee has the meaning given by subsection 1937(5).

subject to review: a decision (however described) is subject to review until:

 (a) any applicable time limits for applying for a review (however described) or lodging an appeal (however described) of or in relation to the decision have expired; and

 (b) if there is such a review or appeal of or in relation to the decision—the review or appeal (and any later reviews or appeals) have been finally disposed of.

supplementary amount for Asian language study means a supplementary amount of *OSHELP assistance included under paragraph 1211(1)(b).

Table A provider means a body listed in Table A in section 1615.

Table B provider means a body listed in Table B in section 1620.

Table C provider means a body listed in Table C in section 1622.

taxable income has the meaning given by section 415 of the Income Tax Assessment Act 1997.

tax file number: a person’s tax file number is a number that the *Commissioner has issued to the person and that is either:

 (a) a number issued under Part VA of the Income Tax Assessment Act 1936; or

 (b) a number issued to a person under section 44 or 48 of the Higher Education Funding Act 1988; or

 (c) a number that the Commissioner notified to the person as the person’s income tax file number.

TEQSA (short for Tertiary Education Quality and Standards Agency) means the body established by section 132 of the *TEQSA Act.

TEQSA Act means the Tertiary Education Quality and Standards Agency Act 2011.

TEQSA investigator means a person appointed under subsection 21535(2).

Tertiary Admission Centre means a person, body or organisation that provides services in relation to student admissions and enrolments on behalf of:

 (a) higher education providers; or

 (b) *VET providers; or

 (c) both higher education providers and VET providers.

total basic grant amount has the meaning given by section 335.

tuition fee:

 (a) in relation to a unit of study access to which is not provided by *Open Universities Australia—has the meaning given by section 19105; and

 (b) in relation to a unit of study access to which is provided by Open Universities Australia—means:

 (i) if only one fee has been determined for the unit under subsection 1044(2)—that fee; or

 (ii) if more than one fee has been determined for the unit under that subsection—the fee determined under that subsection that applies to the person.

tuition protection requirements has the meaning given by section 1630.

undergraduate course of study means a *course of study that is neither an *enabling course nor a *postgraduate course of study.

unit of study means:

 (a) a subject or unit that a person may undertake with a higher education provider as part of a *course of study; or

 (b) a subject or unit made available by a higher education provider:

 (i) access to which was provided by *Open Universities Australia; and

 (ii) that a person could undertake as part of a course of study leading to a *higher education award; or

 (c) a part of a *bridging course for overseastrained professionals.

If a higher education provider provides the same such subject or unit in respect of more than one period, the subject or unit is taken to be a different unit of study in respect of each period.

upfront payment, in relation to a unit of study, has the meaning given by section 9315 or 1075.

upfront VET payment has the meaning given by subclause 53(1) of Schedule 1A.

very remote HELP debtor: see section 1421.

VET advanced diploma means a qualification:

 (a) at the level of advanced diploma in the Australian Qualifications Framework; and

 (b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.

VET compliance requirements means the requirements set out in Subdivision 4E of Schedule 1A.

VET course of study means a structured and integrated program of vocational education or vocational training, usually consisting of a number of modules (units of study) or shorter programs, and leading to the award of a *VET qualification.

VET credit transfer arrangement means an arrangement for crediting a *VET unit of study or *VET course of study toward a *higher education award.

VET diploma means a qualification:

 (a) at the level of diploma in the Australian Qualifications Framework; and

 (b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.

VET fairness requirements means the requirements set out in Subdivision 4D of Schedule 1A.

VET FEEHELP account has the meaning given by clause 45D of Schedule 1A.

VET FEEHELP assistance means assistance payable under Part 2 of Schedule 1A.

VET FEEHELP debt has the meaning given by subsection 13718(1).

VET fee requirements means the requirements set out in Subdivision 4F of Schedule 1A.

VET financial viability requirements means the requirements set out in Subdivision 4B of Schedule 1A.

VET graduate certificate means a qualification:

 (a) at the level of graduate certificate in the Australian Qualifications Framework; and

 (b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.

VET graduate diploma means a qualification:

 (a) at the level of graduate diploma in the Australian Qualifications Framework; and

 (b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.

VET Guidelines means the guidelines made under clause 99 of Schedule 1A.

VET officer has the meaning given by subclause 74(1) of Schedule 1A.

VET personal information has the meaning given by clause 72 of Schedule 1A.

VET provider has the meaning given by clause 4 of Schedule 1A.

VET qualification means:

 (a) a *VET diploma; or

 (b) a *VET advanced diploma; or

 (c) a *VET graduate diploma; or

 (d) a *VET graduate certificate; or

 (e) a qualification specified by the *VET Guidelines.

VET quality and accountability requirements has the meaning given by clause 13 of Schedule 1A.

VET quality requirements are the requirements set out in Subdivision 4C of Schedule 1A.

VET Regulator has the same meaning as in the National Vocational Education and Training Regulator Act 2011.

VET restricted access arrangement, for a *VET course of study, means an arrangement:

 (a) that was entered into between the *VET provider providing the course and an employer or industry body; and

 (b) that limits or restricts enrolments in some or all of the places in the course.

VET student loan has the same meaning as in the VET Student Loans Act 2016.

VET tuition assurance requirements means the requirements set out in clause 7 of Schedule 1A.

VET tuition fee: a person’s VET tuition fee for a *VET unit of study is the fee determined under subclause 27(2) of Schedule 1A for the unit that applies to the person.

VET unit of study means a subject or unit that a person may undertake with a *VET provider as part of a *VET course of study. If a VET provider provides the same such subject or unit in respect of more than one period, the subject or unit is taken to be a different VET unit of study in respect of each period.

voluntary repayment means a payment made to the *Commissioner in discharge of an *accumulated HELP debt or a *HELP debt. It does not include a payment made in discharge of a *compulsory repayment amount.

work experience in industry means work:

 (a) that is done as a part of, or in connection with, a *course of study undertaken with a higher education provider; and

 (b) in respect of which student learning and performance is not directed by the provider; and

 (c) the purpose of which is to obtain work experience relevant to the course of study; and

 (d) that meets any other requirements specified in the Administration Guidelines.

 (2) For the purposes of paragraph (e) of the definition of Overseas student in subclause (1), a representative’s relatives include (without limitation):

 (a) an exnuptial or adoptive child of the representative, or someone of whom the representative is an exnuptial or adoptive child; and

 (b) someone who is a child of the representative, or of whom the representative is a child, because of subclause (3); and

 (c) relatives traced through relationships referred to in paragraphs (a) and (b).

 (3) For the purposes of paragraph (2)(b), one person is the child of another person because of this subclause if he or she is a child of the other person within the meaning of the Family Law Act 1975.

2  Index numbers

 (1) For the purposes of Parts 41 and 42, the index number for a *quarter is the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the *Australian Statistician in respect of that quarter.

 (2) Subject to subclause (3), if, at any time before or after the commencement of this clause:

 (a) the *Australian Statistician has published or publishes an *index number in respect of a *quarter; and

 (b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;

disregard the publication of the later index number for the purposes of this clause.

 (3) If, at any time before or after the commencement of this clause, the *Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, in applying this clause after the change took place or takes place, have regard only to *index numbers published in terms of the new index reference period.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Higher Education Support Act 2003

149, 2003

19 Dec 2003

s 110–23815 and Sch 1: 1 Jan 2004 (s 15(1) items 2, 3)
Remainder: 19 Dec 2003 (s 15(1) item 1)

 

Higher Education Legislation Amendment Act 2004

45, 2004

21 Apr 2004

21 Apr 2004

Higher Education Legislation Amendment Act (No. 2) 2004

114, 2004

13 July 2004

Schedule 2 (items 39–45, 80): 14 July 2004
Remainder: Royal Assent

Sch. 2 (item 85)

Higher Education Legislation Amendment Act (No. 3) 2004

157, 2004

17 Dec 2004

Sch 1 (items 1–43, 46–52): 17 Dec 2004 (s 2(1) items 2, 4)
Sch 1 (items 44, 45): 13 July 2004 (s 2(1) item 3)

Higher Education Legislation Amendment (2005 Measures No. 1) Act 2005

56, 2005

25 May 2005

Sch 1 and 2: 25 May 2005 (s 2(1) items 2–5)

Sch 2 (items 15–17)

Higher Education Legislation Amendment (2005 Measures No. 2) Act 2005

83, 2005

6 July 2005

Sch 1 (items 1–50): 6 July 2005 (s 2(1) item 2)
Sch 1 (items 51–59): 3 Aug 2005 (s 2(1) item 3)
Sch 1 (items 60, 61): 1 Jan 2004 (s 2(1) item 4)

Sch 1 (items 2, 12, 23, 35, 47, 49)

as amended by

 

 

 

 

Higher Education Legislation Amendment (2005 Measures No. 3) Act 2005

143, 2005

14 Dec 2005

Sch 7 (item 50): 23 Nov 2004 (s 2(1) item 21)
Sch 7 (item 92): 6 July 2005 (s 2(1) item 27)

Higher Education Legislation Amendment (Workplace Relations Requirements) Act 2005

139, 2005

18 Nov 2005

19 Nov 2005

Sch. 1 (item 2)

Higher Education Legislation Amendment (2005 Measures No. 3) Act 2005

143, 2005

14 Dec 2005

Sch 1, 2, 4, 5 and Sch 8 (item 2): 14 Dec 2005 (s 2(1) items 2, 4, 28)
Sch 3: 28 Dec 2005 (s 2(1) item 3)
Sch 6 and Sch 7 (items 1–6, 8, 10, 12–14, 16–36, 39–43, 45, 46, 48–56, 59–81, 83–91): 23 Nov 2004 (s 2(1) items 5, 6, 8, 10, 12, 14, 16, 18, 20, 21, 24, 26)
Sch 7 (item 7): 1 Jan 2006 (s 2(1) item 7)
Sch 7 (items 9, 11, 15, 37, 38, 57, 58, 82): 6 July 2005 (s 2(1) items 9, 11, 13, 15, 22, 23, 25)
Sch 7 (items 44, 47): 1 Jan 2004 (s 2(1) items 17, 19)

Sch 1 (item 11), Sch 2 (item 3), Sch 3 (item 3) and Sch 5 (item 8)

Higher Education Legislation Amendment (2005 Budget Measures) Act 2005

156, 2005

19 Dec 2005

19 Dec 2005

Higher Education Legislation Amendment (2005 Measures No. 4) Act 2005

158, 2005

19 Dec 2005

20 Dec 2005

Higher Education Support Amendment (Abolition of Compulsory Upfront Student Union Fees) Act 2005

159, 2005

19 Dec 2005

1 Jan 2006

Sch. 1 (item 1A)

Tax Laws Amendment (Improvements to Self Assessment) Act (No. 2) 2005

161, 2005

19 Dec 2005

19 Dec 2005

Sch. 2 (item 32)

Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006

101, 2006

14 Sept 2006

Schedule 2 (item 116) and Schedule 6 (items 1, 6–11): Royal Assent

Sch. 6 (items 1, 6–11)

Higher Education Legislation Amendment (2006 Budget and Other Measures) Act 2006

121, 2006

4 Nov 2006

Schedule 1 (items 3–5) and Schedule 2: 1 Jan 2007
Remainder: Royal Assent

Sch. 1 (items 4, 5), Sch. 2 (items 3, 4), Sch. 3 (items 12–14) and Sch. 4 (item 5)

Higher Education Legislation Amendment (2007 Measures No. 1) Act 2007

72, 2007

28 May 2007

Schedule 1: 31 Dec 2007 (see F2007L03553)
Schedule 3 (items 2–6): 1 Jan 2008
Remainder: Royal Assent

Sch. 3 (item 6) and Sch. 5 (item 5)

Higher Education Legislation Amendment (2007 Budget Measures) Act 2007

119, 2007

28 June 2007

Schedule 2, Schedule 3 (items 10–17), Schedules 4, 5, 7, 8, 10 and 11: 1 Jan 2008
Remainder: Royal Assent

Sch. 2 (items 3, 4, 6), Sch. 3 (items 9, 17), Sch. 4 (item 5), Sch. 7 (items 3, 7), Sch. 8 (item 20), Sch. 10 (item 2) and Sch. 11 (item 2)

Maritime Legislation Amendment Act 2007

150, 2007

24 Sept 2007

Schedule 1: 1 Jan 2008 (see F2007L04141)
Remainder: Royal Assent

Higher Education Support Amendment (Extending FEEHELP for VET Diploma, Advanced Diploma, Graduate Diploma and Graduate Certificate Courses) Act 2007

170, 2007

28 Sept 2007

Schedule 1: 1 Jan 2008
Remainder: Royal Assent

Higher Education Support Amendment (VET FEEHELP Assistance) Act 2008

11, 2008

20 Mar 2008

20 Mar 2008

Higher Education Support Amendment (2008 Budget Measures) Act 2008

43, 2008

25 June 2008

25 June 2008

Sch. 1 (item 17) and Sch. 2 (item 13)

Statute Law Revision Act 2008

73, 2008

3 July 2008

Sch 1 (items 28, 29): 1 Jan 2004 (s 2(1) item 20)

Higher Education Support Amendment (Removal of the Higher Education Workplace Relations Requirements and National Governance Protocols Requirements and Other Matters) Act 2008

89, 2008

20 Sept 2008

20 Sept 2008

Sch. 1 (item 7)

SameSex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008

144, 2008

9 Dec 2008

Schedule 5 (items 6–9): 10 Dec 2008

Tax Laws Amendment (2009 Measures No. 1) Act 2009

27, 2009

26 Mar 2009

Schedule 3 (items 36–39, 102(1)): 27 Mar 2009

Sch. 3 (item 102(1))

Higher Education Support Amendment (VET FEEHELP and Providers) Act 2009

39, 2009

23 June 2009

24 June 2009

Sch. 1 (items 2, 4, 6) and Sch. 2 (item 9)

Higher Education Support Amendment (2009 Budget Measures) Act 2009

86, 2009

18 Sept 2009

Schedule 2, Schedule 4 (item 1) and Schedule 5: 1 Jan 2010
Remainder: Royal Assent

Sch. 2 (items 3, 4), Sch. 3 (item 2), Sch. 5 (items 2, 3) and Sch. 6 (item 2)

as amended by

 

 

 

 

Higher Education Support Amendment (JobReady Graduates and Supporting Regional and Remote Students) Act 2020

93, 2020

27 Oct 2020

Sch 2 (item 11): 1 Jan 2021 (s 2(1) item 4)

Higher Education Support Amendment (VET FEEHELP and Tertiary Admission Centres) Act 2009

121, 2009

7 Dec 2009

8 Dec 2009

Sch. 1 (items 2, 4, 7, 12)

Higher Education Support Amendment Act 2010

6, 2010

19 Feb 2010

19 Feb 2010

Statute Law Revision Act 2010

8, 2010

1 Mar 2010

Sch 5 (item 137(a)): 1 Mar 2010 (s 2(1) item 38)

Social Security and Other Legislation Amendment (Income Support for Students) Act 2010

17, 2010

24 Mar 2010

Schedule 2 (items 5–9): 1 Apr 2010

Higher Education Support Amendment (University College London) Act 2010

47, 2010

31 May 2010

1 Jan 2010

Sch. 1 (item 2)

Tax Laws Amendment (Transfer of Provisions) Act 2010

79, 2010

29 June 2010

Schedule 1 (items 14–16): 1 July 2010

Higher Education Support Amendment (Indexation) Act 2010

111, 2010

14 July 2010

1 Jan 2011

Sch. 1 (item 6)

Higher Education Support Amendment (2010 Budget Measures) Act 2010

129, 2010

24 Nov 2010

Schedule 1: 1 Dec 2010
Remainder: Royal Assent

Higher Education Support Amendment (FEEHELP Loan Fee) Act 2010

132, 2010

24 Nov 2010

24 Nov 2010

Sch. 1 (item 2)

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Schedule 1 (item 65): Royal Assent

National Vocational Education and Training Regulator (Consequential Amendments) Act 2011

14, 2011

12 Apr 2011

Sch 1 (items 33, 36–54): 1 July 2011 (s 2(1) items 7, 10)
Sch 1 (item 34): never commenced (s 2(1) item 8)
Sch 1 (item 35): 30 June 2011 (s 2(1) item 9)

Sch 1 (item 54)

Human Services Legislation Amendment Act 2011

32, 2011

25 May 2011

Schedule 4 (items 278–281): 1 July 2011

Higher Education Support Amendment (No. 1) Act 2011

72, 2011

29 June 2011

Schedule 1: 30 June 2011
Remainder: Royal Assent

Sch. 1 (item 32)

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011

74, 2011

29 June 2011

Sch 2 (items 1–39): 29 Jan 2012 (s 2(1) items 8, 9)
Sch 2 (items 40–42): never commenced (s 2(1) item 10)

Sch 2 (items 36, 39)

Indigenous Education (Targeted Assistance) Amendment Act 2011

94, 2011

8 Sept 2011

Schedule 2: Royal Assent

Higher Education Support Amendment (Demand Driven Funding System and Other Measures) Act 2011

104, 2011

26 Sept 2011

Schedule 2: 1 Jan 2012
Remainder: Royal Assent

Sch. 1 (items 33–36), Sch. 2 (items 37–41) and Sch. 3 (items 8–10)

Higher Education Legislation Amendment (Student Services and Amenities) Act 2011

130, 2011

3 Nov 2011

Schedule 1 (items 1–43): 1 Jan 2012 (see F2011L02499)

Sch. 1 (item 32)

Higher Education Support Amendment Act (No. 2) 2011

178, 2011

5 Dec 2011

Schedules 2–4: 1 Jan 2012
Remainder: Royal Assent

Sch. 1 (item 1), Sch. 2 (item 13), Sch. 3 (item 4) and Sch. 4 (items 8, 9)

Higher Education Support Amendment (VET FEEHELP and Other Measures) Act 2012

6, 2012

6 Mar 2012

Schedule 1 (items 1–3, 6–23) and Schedule 2: 7 Mar 2012
Schedule 1 (items 4, 5): 6 Sept 2012
Remainder: Royal Assent

Sch. 1 (items 3, 5, 17, 20, 23)

Higher Education Support Amendment Act (No. 1) 2012

38, 2012

15 Apr 2012

Schedule 1 (items 1–4, 6, 9, 10): 1 Jan 2012
Schedule 1 (items 5, 7, 8): 1 Jan 2011
Schedule 1 (item 11): 1 Jan 2013
Schedule 1 (items 12–17): 16 Apr 2012
Remainder: Royal Assent

Sch. 1 (items 8, 9, 16, 17)

Higher Education Support Amendment (Student Contribution Amounts and Other Measures) Act 2012

127, 2012

13 Sept 2012

Sch 2: 1 Jan 2013 (s 2(1) item 3)
Remainder: 13 Sept 2012 (s 2(1) items 1, 2)

Sch 1 (item 8) and Sch 2 (item 9)

Statute Law Revision Act 2012

136, 2012

22 Sept 2012

Sch 1 (items 64–66): 22 Sept 2012 (s 2(1) item 2)

Higher Education Support Amendment (Maximum Payment Amounts and Other Measures) Act 2012

156, 2012

17 Nov 2012

Sch 1 and 3: 18 Nov 2012 (s 2)

Sch 3 (item 10)

Higher Education Support Amendment (Streamlining and Other Measures) Act 2012

160, 2012

28 Nov 2012

Sch 1, 3 and 4: 1 Jan 2013 (s 2(1) items 2, 4, 5)
Sch 2: 29 Nov 2012 (s 2(1) item 3)

Sch 1 (items 20–24, 33), Sch 2 (items 18, 26–29) and Sch 3 (item 50)

Privacy Amendment (Enhancing Privacy Protection) Act 2012

197, 2012

12 Dec 2012

Sch 5 (items 42–45) and Sch 6 (items 15–19): 12 Mar 2014 (s 2(1) items 3, 19)
Sch 6 (item 1): 12 Dec 2012 (s 2(1) item 16)

Sch 6 (items 1, 15–19)

Higher Education Support Amendment (Further Streamlining and Other Measures) Act 2013

23, 2013

28 Mar 2013

29 Mar 2013 (s 2)

Sch 1 (items 8–10), Sch 2 (item 3), Sch 3 (items 12–14), Sch 4 (item 2) and Sch 5 (items 9, 10)

Higher Education Support Amendment (Asian Century) Act 2013

112, 2013

29 June 2013

Sch 1: 30 June 2013 (s 2(1) item 2)

Sch 1 (items 29, 30)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (items 259297): 5 Mar 2016 (s 2(1) item 2)

Education Legislation Amendment (Overseas Debt Recovery) Act 2015

154, 2015

26 Nov 2015

Sch 1 and Sch 3: 1 Jan 2016 (s 2(1) items 2, 7)

Sch 1 (items 10, 11) and Sch 3 (item 23)

Higher Education Legislation Amendment (Miscellaneous Measures) Act 2015

160, 2015

30 Nov 2015

Sch 1: 1 Jan 2016 (s 2(1) item 2)
Sch 2–4: 1 Dec 2015 (s 2(1) item 3)

Sch 1 (item 12)

Higher Education Support Amendment (VET FEEHELP Reform) Act 2015

168, 2015

11 Dec 2015

Sch 1: 31 Dec 2015 (s 2(1) item 2)
Sch 2: 11 Dec 2016 (s 2(1) item 3)
Remainder: 11 Dec 2015 (s 2(1) item 1)

Sch 1 (items 24, 24A, 31) and Sch 2 (items 14, 15)

Labor 201314 Budget Savings (Measures No. 2) Act 2015

169, 2015

11 Dec 2015

Sch 3 and Sch 4: 12 Dec 2015 (s 2(1) item 3)

Sch 3 (item 10) and Sch 4 (item 8)

Budget Savings (Omnibus) Act 2016

55, 2016

16 Sept 2016

Sch 1: 1 July 2018 (s 2(1) item 2)
Sch 2: 1 Jan 2018 (s 2(1) item 3)
Sch 3 (items 1–15, 19): 1 July 2017 (s 2(1) item 4)

Sch 1 (item 6) and Sch 3 (item 19)

Higher Education Support Legislation Amendment (2016 Measures No. 1) Act 2016

74, 2016

23 Nov 2016

Sch 1 (items 1–12): 1 Jan 2017 (s 2(1) item 2)
Sch 2 (items 1–18, 20–23): 24 Nov 2016 (s 2(1) item 6)

Sch 1 (item 8) and Sch 2 (items 20–23)

VET Student Loans (Consequential Amendments and Transitional Provisions) Act 2016

100, 2016

7 Dec 2016

Sch 1 (items 1–21, 24, 25): 1 Jan 2017 (s 2(1) items 2, 3)
Sch 2: 7 Dec 2016 (s 2(1) item 4)

Sch 2

Education Legislation Amendment (Provider Integrity and Other Measures) Act 2017

83, 2017

16 Aug 2017

Sch 3: 17 Aug 2017 (s 2(1) item 1)

Sch 3 (item 44) and Sch 3 (item 45)

as amended by

 

 

 

 

Higher Education Support Amendment (JobReady Graduates and Supporting Regional and Remote Students) Act 2020

93, 2020

27 Oct 2020

Sch 4 (item 1): 1 Jan 2021 (s 2(1) item 7)
Sch 4 (item 39): 1 Jan 2022 (s 2(1) item 8)

Statute Update (Winter 2017) Act 2017

93, 2017

23 Aug 2017

Sch 1 (items 12, 13): 20 Sept 2017 (s 2(1) item 2)

Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Act 2017

132, 2017

13 Dec 2017

Sch 1 (item 25): 1 July 2018 (s 2(1) item 2)

Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018

76, 2018

24 Aug 2018

Sch 1 (items 1, 2, 8–18): 1 July 2019 (s 2(1) item 2)
Sch 2A and 4: 1 Jan 2019 (s 2(1) items 3A, 5)
Sch 3 (items 1–121, 144–147): 1 Jan 2020 (s 2(1) item 4)

Sch 1 (items 17, 18), Sch 2A (item 3), Sch 3 (items 144–147) and Sch 4 (item 2)

as amended by

 

 

 

 

Education Legislation Amendment (2019 Measures No. 1) Act 2019

103, 2019

28 Nov 2019

Sch 3 (item 1): 1 Jan 2019 (s 2(1) item 3)

Education and Other Legislation Amendment (VET Student Loan Debt Separation) Act 2018

116, 2018

25 Sept 2018

Sch 1 (items 1–12): 1 July 2019 (s 2(1) item 2)
Sch 1 (item 25A): 1 Jan 2020 (s 2(1) item 2A)

Higher Education Support Amendment (VET FEEHELP Student Protection) Act 2018

160, 2018

10 Dec 2018

Sch 1 (items 1–6, 9): 1 Jan 2019 (s 2(1) item 2)
Sch 2 (items 1–7): 1 Jan 2020 (s 2(1) item 3)

Sch 1 (item 9)

Higher Education Support Amendment (Cost Recovery) Act 2019

86, 2019

28 Oct 2019

Sch 1: 1 Jan 2020 (s 2(1) items 2, 3)

Education Legislation Amendment (2019 Measures No. 1) Act 2019

103, 2019

28 Nov 2019

Sch 1 and 2: 1 Jan 2020 (s 2(1) item 2)
Sch 3 (items 2–18, 24): 28 Nov 2019 (s 2(1) item 4)

Sch 1 (items 4, 5), Sch 2 (item 15) and Sch 3 (item 24)

Education Legislation Amendment (Tuition Protection and Other Measures) Act 2019

111, 2019

6 Dec 2019

Sch 2: 1 Jan 2020 (s 2(1) items 3, 4)

Sch 2 (item 34)

Education Legislation Amendment (2020 Measures No. 1) Act 2020

62, 2020

19 June 2020

Sch 1 (items 1–5): 1 Jan 2021 (s 2(1) item 2)
Sch 2, 3, 4 and Sch 5 (items 3–5): 19 June 2020 (s 2(1) items 3, 5)
Sch 5 (items 1, 2): 1 Jan 2020 (s 2(1) item 4)

Sch 2 and Sch 5 (item 2)

National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Act 2020

77, 2020

3 Sept 2020

Sch 1 (items 64–66): awaiting commencement (s 2(1) item 2)

Higher Education Support Amendment (JobReady Graduates and Supporting Regional and Remote Students) Act 2020

93, 2020

27 Oct 2020

Sch 1, Sch 2 (items 1–10), Sch 3 (items 1, 2) and Sch 5 (items 2–10): 28 Oct 2020 (s 2(1) items 2, 3, 5, 10)
Sch 3 (items 3–7), Sch 4 (items 2–38), Sch 4A and Sch 5 (items 11–15): 1 Jan 2021 (s 2(1) items 6, 7, 8A, 11)
Sch 4 (items 39A–41) and Sch 4B: 1 Jan 2022 (s 2(1) items 8, 8B)
Sch 5 (item 1): 1 Jan 2020 (s 2(1) item 9)

Sch 1 (items 41, 42), Sch 2 (items 9, 10), Sch 3 (item 2), Sch 4 (items 38, 41), Sch 4A (item 12) and Sch 4B (item 13)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Chapter 1

 

Division 1

 

s 115.............

rep No 74, 2011

Division 2

 

s 21..............

am No 170, 2007; No 104, 2011; No 93, 2020

Division 3

 

s 31..............

am No 170, 2007

s 35..............

am No 72, 2007; No 119, 2007; No 74, 2016

s 310.............

am No 104, 2011; No 130, 2011; No 93, 2020

s 325.............

rs No 72, 2007

 

rep No 74, 2011

s 330.............

ad No 170, 2007

Division 5

 

Division 5................

ad No 158, 2005

s 51..............

ad No 158, 2005

 

am No 119, 2007; No 170, 2007; No 74, 2011; No 130, 2011; No 6, 2012; No 74, 2016; No 111, 2019

Division 6

 

Division 6................

ad. No. 170, 2007

s. 61.............

ad. No. 170, 2007

Chapter 2

 

Chapter 2 heading...........

rs. No. 119, 2007

Division 8

 

s. 81.............

am. Nos. 72 and 119, 2007; No. 104, 2011; No 74, 2016

Part 21

 

Division 13

 

s. 131............

am. No. 158, 2005; No. 72, 2007

Division 16

 

Subdivision 16A

 

s 161.............

am No 83, 2017

s. 165............

am. No. 158, 2005; No. 39, 2009; No 126, 2015

Subdivision 16B

 

s 1615............

am No 72, 2007; No 150, 2007; No 160, 2015; No 103, 2019; No 62, 2020; No 93, 2020

s 1620............

am No 38, 2012; No 160, 2015; No 103, 2019; No 93, 2020

s 1622............

ad No 158, 2005

 

am No 47, 2010; No 93, 2020

Subdivision 16C

 

s 1625............

am No 114, 2004; No 56, 2005; No 72, 2007; No 6, 2010; No 72, 2011; No 74, 2011; No 160, 2012; No 83, 2017; No 111, 2019

s. 1627...........

ad. No. 74, 2011

s 1630............

am No 45, 2004; No 56, 2005

 

rs No 158, 2005; No 111, 2019

s 1631............

ad No 56, 2005

 

rep No 111, 2019

s. 1635...........

rep. No. 72, 2007

s 1640............

am No 74, 2011; No 83, 2017; No 86, 2019

s. 1642...........

ad. No. 74, 2011

 

am. No. 160, 2012

 

rep. No. 23, 2013

s. 1643...........

ad. No. 160, 2012

 

rep. No. 23, 2013

s. 1650...........

am. No. 72, 2011; No. 6, 2012

s 1655............

am No 158, 2005; No 39, 2009; No 126, 2015

s 1660............

ad No 72, 2011

 

am No 83, 2017

s. 1665...........

ad. No. 72, 2011

s. 1670...........

ad. No. 23, 2013

 

am No 126, 2015

Division 19

 

Subdivision 19A

 

s. 191............

am. No. 104, 2011; No. 23, 2013

Subdivision 19B

 

s 1910............

am No 83, 2017; No 93, 2020

s 1912............

rs No 83, 2017

Subdivision 19C

 

Subdivision 19C.....

rs. No. 74, 2011

s. 1915...........

am. No. 72, 2007

 

rs. No. 74, 2011

s. 1920...........

am. No. 72, 2007

 

rep. No. 74, 2011

s. 1925...........

am. No. 89, 2008

 

rep. No. 74, 2011

s. 1927...........

am. No. 89, 2008

 

rep. No. 74, 2011

s. 1929...........

ad. No. 89, 2008

 

rep. No. 74, 2011

Subdivision 19D

 

s. 1935...........

am. No. 114, 2004; No. 143, 2005

s 1936............

ad No 83, 2017

s 1936A...........

ad No 83, 2017

s 1936B...........

ad No 83, 2017

s 1936C...........

ad No 83, 2017

s 1936D...........

ad No 83, 2017

s 1936E...........

ad No 83, 2017

s. 1937...........

ad. No. 159, 2005

 

am. No. 130, 2011; No. 38, 2012

s. 1938...........

ad. No. 130, 2011

s 1940............

am No 56, 2005; No 83, 2017

 

rep No 111, 2019

s 1942............

ad No 83, 2017

s 1945............

am No 114, 2004; No 83, 2005; No 104, 2011; No 83, 2017; No 93, 2020

s 1950............

am No 83, 2005; No 104, 2011; No 93, 2020

s 1960............

am No 83, 2005; No 104, 2011; No 197, 2012; No 93, 2020

Subdivision 19E

 

s 1965............

am No 158, 2005; No 23, 2013

s 1966............

ad No 86, 2019

s 1966A...........

ad No 111, 2019

 

ed C72

s 1967............

ad No 130, 2011

s 1970............

am No 6, 2012; No 83, 2017

s 1971............

ad No 83, 2017

s 1972............

ad No 83, 2017

s 1973............

ad No 83, 2017

s 1975............

am No 83, 2017

s 1977............

ad No 72, 2007

 

am No 74, 2011; No 83, 2017

s 1978............

ad No 74, 2011

 

am No 83, 2017

s 1980............

ad No 143, 2005

 

am No 74, 2011; No 83, 2017; No 93, 2020

s 1982............

ad No 23, 2013

 

am No 83, 2017

Subdivision 19F

 

s. 1987...........

ad. No. 45, 2004

 

am. No. 157, 2004; No. 83, 2005; No. 121, 2006; No. 72, 2007

s. 1988...........

ad. No. 45, 2004

 

am. No. 114, 2004

 

rep. No. 121, 2006

s. 1990...........

rs. No. 45, 2004

 

am. No. 83, 2005; No. 121, 2006

s. 1991...........

ad. No. 45, 2004

 

am. No. 114, 2004

 

rep. No. 121, 2006

s 1995............

am No 45, 2004; No 83, 2005; No 121, 2006; No 83, 2017

s. 1997...........

ad. No. 45, 2004

 

rep. No. 121, 2006

s. 19100...........

rs. No. 45, 2004

 

am. No. 157, 2004

s. 19101...........

ad. No. 45, 2004

 

rep. No. 121, 2006

s. 19102...........

ad. No. 45, 2004

 

am. No. 143, 2005; No. 74, 2011

s. 19105...........

rs. No. 45, 2004

 

am. No. 157, 2004

 

rs. No. 121, 2006

Subdivision 19G

 

Subdivision 19G.....

ad No 104, 2011

s 19110...........

ad No 104, 2011

 

am No 93, 2020

s 19115...........

ad No 104, 2011

Division 22

 

Subdivision 22A

 

s 221.............

am No 39, 2009; No 74, 2011; No 160, 2012; No 23, 2013; No 126, 2015

Subdivision 22AA

 

Subdivision 22AA....

ad. No. 23, 2013

s. 222............

ad. No. 23, 2013

 

am No 126, 2015

s. 223............

ad. No. 23, 2013

 

am No 126, 2015

Subdivision 22B

 

s. 227............

ad. No. 114, 2004

 

am. No. 72, 2007; No. 72, 2011

s. 2210...........

am. No. 72, 2007; No. 89, 2008; Nos. 72 and 74, 2011; No. 23, 2013

s. 2215...........

am. No. 72, 2011; No 74, 2016

s. 2217...........

ad. No. 72, 2011

Subdivision 22C

 

s 2220............

am No 72, 2011; No 160, 2012; No 126, 2015

s. 2222...........

ad. No. 74, 2011

 

rs. No. 160, 2012

 

rep. No. 23, 2013

s. 2223...........

ad. No. 160, 2012

 

rep. No. 23, 2013

s. 2225...........

am. No. 160, 2012

s. 2230...........

am. No. 72, 2007; No. 72, 2011

s. 2232...........

ad. No. 170, 2007

s. 2235...........

am. No. 158, 2005

 

rep. No. 160, 2012

Subdivision 22D

 

s. 2240...........

am. No. 72, 2007

Subdivision 22E

 

Subdivision 22E heading 

rs No 160, 2012; No 126, 2015

Subdivision 22E.....

ad. No. 39, 2009

s. 2245...........

ad. No. 39, 2009

 

am No 126, 2015

s. 2250...........

ad. No. 160, 2012

 

am No 126, 2015

Part 22

 

Division 27

 

s 271.............

am No 158, 2005; No 104, 2011

s 275.............

rs No 93, 2020

Division 30

 

Subdivision 30A

 

s 301.............

am No 119, 2007; No 104, 2011; No 93, 2020

s 305.............

am No 45, 2004; No 114, 2004; No 157, 2004; No 56, 2005; No 156, 2005; No 121, 2006; No 119, 2007; No 43, 2008; No 86, 2009; No 129, 2010

 

rep No 104, 2011

Subdivision 30B

 

s 3010............

am No 43, 2008; No 104, 2011; No 93, 2020

s 3012............

ad No 104, 2011

 

rs No 93, 2020

s 3015............

am No 119, 2007; No 86, 2009

 

rs No 93, 2020

Subdivision 30C

 

s 3025............

am No 157, 2004; No 119, 2007; No 43, 2008; No 104, 2011; No 93, 2020 (Sch 3 item 4)

s 3027............

ad No 104, 2011

 

rs No 93, 2020

s 3028............

ad No 104, 2011

Division 33

 

Subdivision 33A

 

s 331.............

am No 86, 2009; No 104, 2011; No 93, 2020 (Sch 3 item 5)

Subdivision 33B

 

Subdivision 33B heading 

rs No 93, 2020

s 335.............

am No 43, 2008

 

rs No 104, 2011; No 93, 2020

s 3310............

am No 121, 2006; No 119, 2007; No 86, 2009

 

rs No 93, 2020

s 3315............

am No 139, 2005

 

rep No 119, 2007

s 3317............

ad No 119, 2007

 

rep No 89, 2008

s 3320............

am No 159, 2005

 

rep No 119, 2007

s 3325............

am No 45, 2004; No 119, 2007; No 86, 2009

 

rep No 104, 2011

s 3330............

am No 104, 2011; No 93, 2020

s 3335............

rs No 93, 2020

Subdivision 33C

 

Subdivision 33C heading 

rs No 104, 2011

s 3337............

ad No 159, 2005

 

am No 104, 2011; No 93, 2020

Subdivision 33D

 

s. 3340...........

am. No. 104, 2011

Division 36

 

Subdivision 36B

 

s 365.............

am No 157, 2004; No 143, 2005; No 93, 2020

s 3610............

am No 157, 2004; No 143, 2005; No 121, 2006; No 72, 2007; No 104, 2011; No 127, 2012; No 62, 2020; No 93, 2020

s 3612............

ad No 93, 2020

s 3613............

ad No 93, 2020

s 3615............

am No 157, 2004; No 143, 2005; No 158, 2005; No 178, 2011; No 93, 2020

s 3620............

am No 45, 2004; No 158, 2005

 

rs No 104, 2011

 

am No 111, 2019; No 93, 2020

s 3621............

ad No 104, 2011

 

am No 76, 2018

s 3622............

ad No 45, 2004

 

am No 157, 2004; No 83, 2005; No 158, 2005; No 72, 2007

 

rs No 104, 2011

s 3622A...........

ad No 158, 2005

 

rep No 104, 2011

s 3623............

ad No 83, 2005

 

rs No 104, 2011

s 3624A...........

ad No 104, 2011

 

am No 111, 2019

s 3624B...........

ad No 104, 2011

s 3624BA..........

ad No 93, 2020

s 3624C...........

ad No 104, 2011

 

am No 93, 2020

Subdivision 36C

 

s 3625............

rs No 157, 2004

 

am No 143, 2005; No 93, 2020

s 3630............

am No 143, 2005; No 43, 2008; No 104, 2011; No 93, 2020

s. 3632...........

ad. No. 72, 2007

 

rep. No. 104, 2011

s. 3635...........

am. No. 157, 2004

 

rep. No. 119, 2007

s. 3640...........

am. Nos. 45, 114 and 157, 2004; No. 143, 2005

Subdivision 36D

 

s. 3645...........

am No 45, 2004

s. 3650...........

am No 45, 2004; No 178, 2011

 

rep No 169, 2015

 

ad No 93, 2020

Subdivision 36E

 

s 3655............

am No 45, 2004; No 93, 2020

Subdivision 36F

 

s. 3670...........

am. No. 119, 2007

Part 22A

 

Part 22A..........

ad No 74, 2016

Division 38

 

s 381.............

ad No 74, 2016

s 385.............

ad No 74, 2016

s 3810............

ad No 74, 2016

s 3815............

ad No 74, 2016

s 3820............

ad No 74, 2016

s 3825............

ad No 74, 2016

s 3830............

ad No 74, 2016

s 3835............

ad No 74, 2016

s 3840............

ad No 74, 2016

s 3845............

ad No 74, 2016

Part 23

 

Division 41

 

s. 411............

am. No. 158, 2005

s 4110............

am No 56, 2005; No 119, 2007; No 89, 2008; No 86, 2009; No 104, 2011; No 93, 2020

s. 4145...........

am. Nos. 45 and 114, 2004; Nos. 56 and 156, 2005; No. 121, 2006; Nos. 72 and 119, 2007; No. 43, 2008; No. 86, 2009; No. 129, 2010; Nos. 94 and 178, 2011; No. 156, 2012

s. 4150...........

am. No. 158, 2005; No. 156, 2012

s 4195............

ad No 160, 2015

Part 24

 

Part 24 heading......

rs. No. 119, 2007

Division 46

 

Division 46 heading..........

rs. No. 119, 2007

s. 461............

am. No. 158, 2005; No. 119, 2007

s. 4610...........

am. No. 119, 2007

s. 4613...........

ad. No. 119, 2007

 

am. No. 104, 2011

s. 4615...........

am. No. 114, 2004; No. 119, 2007; No. 104, 2011

s. 4620...........

am. No. 114, 2004; No. 119, 2007; No. 17, 2010; No. 32, 2011

s. 4625...........

am. No. 119, 2007

s. 4630...........

am. No. 114, 2004

s. 4640...........

am. No. 114, 2004; No. 156, 2005; No. 121, 2006; No. 119, 2007; No. 43, 2008; No. 86, 2009; No. 129, 2010; No. 178, 2011; No. 156, 2012

Part 25

 

Division 51

 

s 511.............

am No 158, 2005; No 74, 2016

s 515

rep No 93, 2020

Division 54

 

s 541.............

am No 74, 2016

s 545.............

am No 159, 2005; No 93, 2020

 

ed C74

Division 57

 

s 571.............

am No 93, 2020

s 575.............

am No 93, 2020

Chapter 3

 

Division 65

 

s 651.............

am No 104, 2011; No 130, 2011; No 112, 2013; No 93, 2020

Part 31

 

Part 31............

rep No 104, 2011

 

ad No 93, 2020

Division 70

 

s 701.............

rep No 104, 2011

 

ad No 93, 2020

s 705.............

rep No 104, 2011

 

ad No 93, 2020

Division 73

 

s 731.............

rep No 104, 2011

 

ad No 93, 2020

s 735.............

rep No 104, 2011

 

ad No 93, 2020

s 7310............

am No 45, 2004; No 143, 2005

 

rep No 104, 2011

 

ad No 93, 2020

s 7315............

rep No 104, 2011

 

ad No 93, 2020

s 7320............

rep No 104, 2011

 

ad No 93, 2020

s 7322............

rep No 104, 2011

s 7325............

rep No 104, 2011

 

ad No 93, 2020

s 7330............

rep No 104, 2011

Division 76

 

s 761.............

am No 157, 2004; No 158, 2005

 

rep No 104, 2011

 

ad No 93, 2020

s 765.............

rep No 104, 2011

s 7610............

rep No 104, 2011

Division 79

 

Subdivision 79A

 

Subdivision 79A heading 

ad No 56, 2005

 

rep No 104, 2011

 

ad No 93, 2020

s 791A............

ad No 56, 2005

 

rep No 104, 2011

s 791.............

am No 157, 2004; No 56, 2005; No 83, 2005; No 158, 2005; No 72, 2007

 

rep No 104, 2011

 

ad No 93, 2020

s 795.............

am No 45, 2004; No 158, 2005

 

rep No 104, 2011

 

ad No 93, 2020

s 7910............

am No 158, 2005

 

rep No 104, 2011

 

ad No 93, 2020

s 7915............

rep No 104, 2011

 

ad No 93, 2020

Subdivision 79B

 

Subdivision 79B heading 

rs No 158, 2005

 

rep No 104, 2011

 

ad No 93, 2020

Subdivision 79B.....

ad No 56, 2005

 

rep No 104, 2011

 

ad No 93, 2020

s 7920............

ad No. 56, 2005

 

am No 158, 2005

 

rep No 104, 2011

 

ad No 93, 2020

Subdivision 79C.....

ad No 83, 2005

 

rep No 104, 2011

s 7925............

ad No 83, 2005

 

am No 158, 2005

 

rep No 104, 2011

Division 82

 

s 821.............

rep No 104, 2011

 

ad No 93, 2020

s 825.............

rep No 104, 2011

 

ad No 93, 2020

s 8210............

rep No 104, 2011

s 8215............

rep No 104, 2011

Part 32

 

Division 87

 

s 871.............

rs No 45, 2004

 

am No 158, 2005

s 875.............

am No 93, 2020

Division 90

 

s 901.............

am No 45, 2004; No 157, 2004; No 74, 104;No 178, 2011; No 169, 2015; No 76, 2018; No 93, 2020

s 905.............

am No 114, 2004

 

rs No 72, 2007

 

am No 127, 2012; No 160, 2015

s 9010............

ad No 178, 2011

 

rep No 93, 2020

Division 93

 

s 931.............

am No 45, 2004; No 76, 2018

s 935.............

am No 45, 2004; No 157, 2004; No 121, 2006; No 93, 2020

s 9310............

am No 45, 2004; No 119, 2007; No 43, 2008; No 86, 2009; No 127, 2012

 

rs No 93, 2020

s 9315............

am No 45, 2004; No 178, 2011; No 169, 2015; No 93, 2020

s 9320............

ad No 76, 2018

Division 96

 

s 961.............

am No 45, 2004

 

rs No 169, 2015

 

am No 93, 2020

s 962.............

ad No 93, 2020

s 963.............

ad No 93, 2020

s 965.............

am No 45, 2004; No 114, 2004; No 178, 2011

 

rep No 169, 2015

 

ad No 93, 2020

s 9610............

am No 45, 2004; No 178, 2011

 

rep No 169, 2015

 

ad No 93, 2020

Division 97

 

Division 97...............

ad No 76, 2018

s 9723............

ad No 76, 2018

s 9725............

ad No 76, 2018

s 9727............

ad No 76, 2018

s 9730............

ad No 76, 2018

s 9735............

ad No 76, 2018

s 9740............

ad No 76, 2018

s 9742............

ad No 76, 2018

 

am No 111, 2019

s 9745............

ad No 93, 2020

s 9750............

ad No 93, 2020

Part 33

 

Division 101

 

s. 1011...........

rs. No. 45, 2004

 

am. No. 114, 2004; No. 143, 2005

Division 104

 

Subdivision 104A

 

s 1041............

am No 114, 2004; No 157, 2004; No 143, 2005; No 178, 2011; No 83, 2017; No 76, 2018; No 62, 2020; No 93, 2020

s 1041AA..........

ad No 93, 2020

s 1041A...........

ad No 83, 2017

s. 1042...........

ad. No. 114, 2004

 

am. No. 157, 2004; No. 143, 2005

s. 1043...........

ad. No. 114, 2004

 

am. Nos. 143, 158 and 159, 2005

s. 1044...........

ad. No. 114, 2004

 

am. Nos. 83 and 143, 2005; No. 121, 2006

s. 1045...........

am. No. 114, 2004

 

rs. No. 72, 2007

 

am. No. 127, 2012; No 160, 2015

s 10410...........

am No 158, 2005; No 72, 2007; No 74, 2011; No 83, 2017

s 10412...........

ad No 93, 2020

Subdivision 104B

 

Subdivision 104B heading 

rs No 76, 2018

s 10415...........

am No 121, 2006

 

rs No 170, 2007

 

am No 100, 2016

 

rep No 76, 2018

s 10420...........

rs No 121, 2006

 

am No 76, 2018

 

rep No 76, 2018

s 10425...........

am No 114, 2004; No 56, 2005; No 143, 2005; No 158, 2005; No 76, 2018

s 10427...........

ad No 83, 2005

 

am No 143, 2005; No 158, 2005; No 76, 2018

s 10430...........

am No 114, 2004; No 143, 2005; No 104, 2011; No 83, 2017

s 10435...........

am No 114, 2004; No 143, 2005; No 76, 2018

s 10440...........

am No 114, 2004; No 143, 2005

s 10442...........

ad No 56, 2005

 

am No 158, 2005; No 76, 2018; No 111, 2019

s 10443...........

ad No 83, 2017

 

am No 76, 2018; No 93, 2020

s 10444...........

ad No 83, 2017

 

am No 76, 2018

Subdivision 104C

 

s. 10445...........

am. No. 143, 2005; No. 72, 2007

s. 10475...........

rep. No. 143, 2005

Division 107

 

s. 1071...........

am. No. 45, 2004

s. 1075...........

am. No. 45, 2004

s 10710...........

am No 45, 2004; No 114, 2004; No 143, 2005

 

rs No 170, 2007

 

am No 76, 2018

Division 110

 

s 1101............

am No 45, 2004; No 114, 2004; No 143, 2005

s 1105............

am No 114, 2004; No 56, 2005; No 83, 2005; No 143, 2005; No 158, 2005; No 121, 2006; No 83, 2017; No 76, 2018; No 111, 2019

s 11010...........

ad No 93, 2020

Part 34

 

Division 115

 

s. 1151...........

am. No. 157, 2004; No. 112, 2013

Division 118

 

s 1181............

am No 157, 2004; No 83, 2005; No 72, 2007; No 74, 2011; No 112, 2013; No 62, 2020

s. 1182...........

ad. No. 112, 2013

s. 1185...........

am. No. 114, 2004; No 160, 2015

s. 1187...........

ad. No. 157, 2004

s. 11810...........

am. No. 157, 2004; No. 72, 2007; No. 112, 2013

s. 11815...........

am. No. 157, 2004; No. 112, 2013

Division 121

 

s. 1211...........

rs. No. 112, 2013

s. 1215...........

rs. No. 112, 2013

s. 12110...........

am. No. 112, 2013

s. 12115...........

ad. No. 112, 2013

s. 12120...........

ad. No. 112, 2013

Division 124

 

s. 1241...........

am. No. 112, 2013

Part 35

 

Part 35............

ad. No. 130, 2011

Division 125

 

s. 1251...........

ad. No. 130, 2011

Division 126

 

s 1261............

ad No 130, 2011

 

am No 62, 2020

s. 1265...........

ad. No. 130, 2011

 

am. No. 127, 2012; No 160, 2015

Division 127

 

s. 1271...........

ad. No. 130, 2011

Division 128

 

s. 1281...........

ad. No. 130, 2011

s. 1285...........

ad. No. 130, 2011

Part 36

 

Part 36............

ad No 76, 2018

s 1287............

ad No 76, 2018

s 12815...........

ad No 76, 2018

 

am No 62, 2020

s 12820...........

ad No 76, 2018

 

rs No 103, 2019

 

am No 62, 2020

s 12825...........

ad No 76, 2018

 

am No 103, 2019

Chapter 4

 

Division 129

 

s 1291............

rs No 170, 2007

 

am No 100, 2016; No 116, 2018; No 103, 2019

Part 41

 

Division 134

 

s 1341............

rs No 170, 2007

 

am No 130, 2011; No 100, 2016; No 116, 2018

s 1345............

ad No 103, 2019

Division 137

 

s 1371............

am No 170, 2007; No 130, 2011; No 100, 2016; No 116, 2018

s 1375............

am No 45, 2004; No 83, 2005; No 158, 2005; No 104, 2011; No 169, 2015; No 76, 2018; No 93, 2020

s 13710...........

am No 45, 2004; No 157, 2004; No 56, 2005; No 83, 2005; No 121, 2006; No 132, 2010; No 83, 2017; No 76, 2018; No 62, 2020; No 93, 2020

s 13715...........

am No 86, 2009; No 112, 2013

s 13716...........

ad No 130, 2011

s 13718...........

ad No 170, 2007

 

am No 121, 2009; No 160, 2012; No 126, 2015; No 168, 2015; No 76, 2018; No 160, 2018

s 13719...........

ad No 100, 2016

 

am No 76, 2018; No 116, 2018

Division 140

 

Subdivision 140A

 

s 1401............

am No 43, 2008; No 55, 2016; No 103, 2019

Subdivision 140B

 

s 1405............

am No 121, 2006; No 170, 2007; No 43, 2008; No 130, 2011; No 178, 2011; No 112, 2013; No 55, 2016; No 100, 2016; No 103, 2019

s 14010...........

am No 103, 2019

s 14015...........

rep No 76, 2018

s 14020...........

am No 103, 2019

Subdivision 140C

 

s 14025...........

am No 83, 2005; No 121, 2006; No 170, 2007; No 130, 2011; No 112, 2013; No 100, 2016; No 103, 2019

Division 142

 

Division 142..............

ad No 103, 2019

s 1421............

ad No 103, 2019

 

am No 93, 2020

s 1425............

ad No 103, 2019

s 14210...........

ad No 103, 2019

s 14215...........

ad No 103, 2019

s 14220...........

ad No 103, 2019

Division 148

 

s. 1481...........

am. No. 43, 2008; No. 178, 2011; No 55, 2016

s 1483............

ad No 154, 2015

s. 1485...........

ad. No. 43, 2008

 

rep No 55, 2016

Part 42

 

Division 151

 

s. 1515...........

am. No. 178, 2011; No. 38, 2012

Division 154

 

Subdivision 154A

 

s. 1541...........

am. No. 43, 2008; No 55, 2016

s. 1543...........

ad. No. 43, 2008

 

rep No 55, 2016

s 1545............

am No 27, 2009; No 132, 2017

s 15410...........

am No 55, 2016; No 76, 2018

Subdivision 154AA

 

Subdivision 154AA...

ad No 154, 2015

s 15416...........

ad No 154, 2015

s 15417...........

ad No 154, 2015

s 15418...........

ad No 154, 2015

Subdivision 154B

 

s 15420...........

am No 55, 2016; No 76, 2018

s 15425...........

am No 23, 2013; No 55, 2016; No 76, 2018

s 15430...........

am No 55, 2016; No 76, 2018

s 15432...........

ad No 154, 2015

Subdivision 154C

 

s 15435...........

am No 43, 2008; No 154, 2015; No 55, 2016

s. 15440...........

am. No. 43, 2008

 

rs No 55, 2016

s. 15445...........

am. No. 6, 2012

s. 15450...........

am. No. 6, 2012

s. 15455...........

am. No. 143, 2005; No. 130, 2011

Subdivision 154D

 

s. 15460...........

am. No. 79, 2010

s. 15475...........

rep. No. 101, 2006

s. 15485...........

ad. No. 43, 2008

 

rep No 55, 2016

s 15490...........

ad No 154, 2015

Division 157..............

ad. No 43, 2008

 

rep No 55, 2016

s. 1571...........

ad. No. 43, 2008

 

am. No. 6, 2012

 

rep No 55, 2016

s. 1575...........

ad. No. 43, 2008

 

rep. No. 6, 2012

s. 15710...........

ad. No. 43, 2008

 

am. No. 6, 2012

 

rep No 55, 2016

s. 15715...........

ad. No. 43, 2008

 

rep No 55, 2016

s. 15720...........

ad. No. 43, 2008

 

rep No 55, 2016

s. 15725...........

ad. No. 43, 2008

 

rep No 55, 2016

s. 15730...........

ad. No. 43, 2008

 

rep No 55, 2016

Chapter 5

 

Division 159

 

s 1591............

am No 6, 2012; No 83, 2017; No 111, 2019

Part 51

 

Division 164

 

s. 1641...........

am. No. 119, 2007

s 16410...........

am No 157, 2004; No 83, 2017

s. 16415...........

am. No. 119, 2007; No 74, 2016

s. 16417...........

ad. No. 119, 2007

s. 16418...........

ad. No. 119, 2007

s. 16425...........

rep. No. 170, 2007

Part 51A

 

Part 51A..........

ad No 111, 2019

Division 1

 

s 1661............

ad No 111, 2019

s 1665............

ad No 111, 2019

s 16610...........

ad No 111, 2019

Division 2

 

s 16615...........

ad No 111, 2019

s 16620...........

ad No 111, 2019

 

am No 62, 2020

s 16625...........

ad No 111, 2019

s 16627...........

ad No 111, 2019

s 16630...........

ad No 111, 2019

s 16632...........

ad No 111, 2019

s 16635...........

ad No 111, 2019

Part 51B

 

Part 51B..........

ad No 111, 2019

Division 1

 

s 1671............

ad No 111, 2019

s 1675............

ad No 111, 2019

 

ed C72

s 16710...........

ad No 111, 2019

Division 2

 

s 16715...........

ad No 111, 2019

s 16720...........

ad No 111, 2019

 

ed C72

s 16725...........

ad No 111, 2019

Division 3

 

s 16730...........

ad No 111, 2019

s 16735...........

ad No 111, 2019

 

ed C72

s 16740...........

ad No 111, 2019

 

ed C72

Part 52

 

Division 169

 

s 1695............

am No 104, 2011; No 130, 2011; No 93, 2020

s 16910...........

am No 104, 2011; No 93, 2020

s 16915...........

am No 45, 2004; No 158, 2005; No 111, 2019

s 16917...........

ad No 83, 2017

s 16920...........

am No 45, 2004; No 157, 2004

s 16925...........

am No 114, 2004; No 83, 2005; No 160, 2012; No 83, 2017

s 16927...........

ad No 104, 2011

s 16928...........

ad No 104, 2011

s 16930...........

am No 130, 2011

s 16935...........

ad No 72, 2007

 

am No 130, 2011

Part 53

 

Division 174

 

s 1745............

rs No 121, 2006

 

am No 83, 2017

s. 17410...........

rep. No. 121, 2006

s. 17415...........

rep. No. 121, 2006

s. 17420...........

rep. No. 121, 2006

s. 17425...........

rep. No. 121, 2006

Part 54

 

Part 54 heading......

rs. No. 6, 2012

Division 179

 

s 1791............

am No 6, 2012; No 103, 2019

s 1795............

am No 121, 2009; No 197, 2012

s 17910...........

am No 73, 2008; No 103, 2019

s 17915...........

am No 114, 2004; No 143, 2005; No 121, 2009; No 103, 2019

s. 17920...........

am. No. 114, 2004; No. 143, 2005; No. 121, 2009

s. 17925...........

am. No. 114, 2004; No. 143, 2005; No. 121, 2009

s. 17930...........

am. No. 6, 2012

s. 17935...........

am. No. 114, 2004; No. 143, 2005; No. 121, 2009

s. 17940...........

ad. No. 156, 2012

s. 17945...........

ad. No. 156, 2012

Division 180

 

Division 180 heading.........

rs. No. 23, 2013

Division 180..............

ad. No. 6, 2012

 

rs. No. 156, 2012

s. 1801...........

ad. No. 6, 2012

 

rs. No. 156, 2012

s. 1805...........

ad. No. 156, 2012

 

am No 74, 2016

s. 18010...........

ad. No. 156, 2012

s. 18015...........

ad. No. 156, 2012

s. 18020...........

ad. No. 156, 2012

 

am No 168, 2015

s 18023...........

ad No 103, 2019

s. 18025...........

ad. No. 156, 2012

 

am No 74, 2016

s 18028...........

ad No 74, 2016

 

am No 100, 2016; No 116, 2018

s. 18030...........

ad. No. 156, 2012

s. 18035...........

ad. No. 156, 2012

Division 182

 

Division 182..............

ad. No. 23, 2013

s. 1821...........

ad. No. 23, 2013

Part 55

 

Division 184

 

s. 1841...........

rs. No. 114, 2004

 

am. No. 143, 2005; No 74, 2016

Division 187

 

s 1871............

am No 114, 2004; No 83, 2005; No 143, 2005; No 130, 2011; No 6, 2012; No 126, 2015; No 154, 2015

s. 1872...........

ad. No. 114, 2004

 

am. No. 143, 2005

s. 1875...........

ad. No. 45, 2004

 

am. No. 114, 2004; No. 143, 2005; No 154, 2015; No 74, 2016

Division 190

 

Division 190 heading.........

rs. No. 114, 2004; No. 143, 2005; No 154, 2015

s. 1901...........

am. No. 114, 2004; No. 143, 2005; No 154, 2015

s. 1905...........

am. No. 114, 2004; No. 143, 2005; No 154, 2015

s. 19010...........

am. No. 114, 2004; No. 143, 2005; No 154, 2015

s. 19015...........

am. No. 114, 2004; No. 157, 2004; No. 143, 2005; No 154, 2015

s. 19020...........

am. No. 114, 2004; No. 157, 2004; No. 143, 2005; No 154, 2015

Division 193

 

Division 193 heading.........

rs No 114, 2004; No 83, 2005; No 143, 2005

s 1931............

am No 45, 2004; No 114, 2004; No 157, 2004; No 143, 2005; No 130, 2011; No 178, 2011; No 169, 2015; No 93, 2020

s 1935............

am No 83, 2005; No. 104, 2011; No 178, 2011; No 126, 2015; No 169, 2015; No 76, 2018; No 93, 2020

s 19310...........

ad No 83, 2005

 

am No 143, 2005; No 126, 2015; No 76, 2018

s 19315...........

ad No 130, 2011

Part 56

 

Division 198

 

s 1981............

am No. 83, 2005; No 76, 2018

s 1985............

am No 45, 2004; No 159, 2005

 

rs No 111, 2010

 

am No 130, 2011; No 38, 2012; No 112, 2013; No 76, 2018; No 93, 2020

s 19810...........

am No 83, 2005; No 111, 2010; No 55, 2016

s 19815...........

am No 55, 2016

s 19820...........

am No 86, 2009

 

rs No 111, 2010; No 55, 2016

s 19825...........

rep No 111, 2010

Part 57

 

Division 206

 

s 2061............

am No 45, 2004; No 114, 2004; No 83, 2005; No 143, 2005; No 158, 2005; No 72, 2007; No 43, 2008; No 72, 2011; No 74, 2011; No 104, 2011; No 55, 2016; No 76, 2018; No 103, 2019; No 111, 2019; No 93, 2020

Division 209

 

s 2091............

am No 114, 2004; No 83, 2005; No 143, 2005; No 104, 2011; No 93, 2020

s 20910...........

am No 83, 2005; No 111, 2019

Division 212

 

s 2121............

am No 111, 2019

Part 58

 

Part 58............

ad No 83, 2017

s 2151............

ad No 83, 2017

s 2155............

ad No 83, 2017

s 21510...........

ad No 83, 2017

s 21515...........

ad No 83, 2017

 

am No 111, 2019

s 21520...........

ad No 83, 2017

 

am No 111, 2019

s 21525...........

ad No 83, 2017

s 21530...........

ad No 83, 2017

s 21535...........

ad No 83, 2017

s 21540...........

ad No 83, 2017

 

am No 111, 2019

s 21545...........

ad No 83, 2017

s 21550...........

ad No 83, 2017

s 21555...........

ad No 83, 2017

Chapter 6.................

rep. No. 74, 2011

s. 2171...........

rs. No. 72, 2007

 

rep. No. 74, 2011

s. 2175...........

ad. No. 121, 2006

 

rep. No. 74, 2011

s. 2221...........

rs. No. 72, 2007

 

rep. No. 74, 2011

s. 2251...........

am. No. 121, 2006; No. 72, 2007

 

rep. No. 74, 2011

s. 2253...........

ad. No. 72, 2007

 

rep. No. 74, 2011

s. 2255...........

am. No. 114, 2004; No. 121, 2006

 

rs. No. 72, 2007

 

rep. No. 74, 2011

s. 2257...........

ad. No. 72, 2007

 

rep. No. 74, 2011

s. 22510...........

am. No. 114, 2004; No. 121, 2006; No. 72, 2007

 

rep. No. 74, 2011

s. 22515...........

rs. No. 72, 2007

 

rep. No. 74, 2011

s. 22520...........

am. No. 114, 2004; No. 121, 2006

 

rs. No. 72, 2007

 

rep. No. 74, 2011

s. 22525...........

am. No. 121, 2006

 

rep. No. 74, 2011

s. 2281...........

am. No. 72, 2007

 

rep. No. 74, 2011

s. 2285...........

am. No. 72, 2007

 

rep. No. 74, 2011

s. 22810...........

am. No. 72, 2007

 

rep. No. 74, 2011

s. 22815...........

am. No. 72, 2007; No. 8, 2010

 

rep. No. 74, 2011

s. 2331...........

rep. No. 74, 2011

Chapter 7

 

s 2381A...........

ad No 83, 2017

s 2381............

am No 114, 2004; No 83, 2005; No 143, 2005; No 104, 2011; No 160, 2012; No 93, 2020

s 2385............

am No 156, 2012; No 160, 2012; No 74, 2016; No 111, 2019

s 2386............

ad No 111, 2019

 

ed C72

s 2387............

rs No 111, 2019

s 2388............

ad No 6, 2012

s 23810...........

am No 83, 2005; No 158, 2005; No 121, 2006; No 43, 2008; No 74, 2011; No 104, 2011; No 130, 2011; No 136, 2012; No 154, 2015; No 55, 2016; No 74, 2016; No 83, 2017; No 103, 2019; No 111, 2019

 

ed C72

 

am No 93, 2020 (Sch 4 items 37, 40D; Sch 4B item 11)

s 23812...........

ad No 170, 2007

Schedule 1A

 

Schedule 1A..............

ad No 170, 2007

c 1.....................

am No 14, 2011; No 100, 2016; No 93, 2017

Part 1

 

Division 1

 

c 2.....................

am No 100, 2016

c 3.....................

am No 160, 2012

Division 3

 

Subdivision 3A

 

c 4.....................

am No 160, 2012

c 5.....................

am No 39, 2009; No 160, 2012; No 126, 2015

Subdivision 3B

 

c. 6.....................

am. No. 11, 2008; Nos. 39 and 121, 2009; No. 6, 2010; Nos. 14 and 72, 2011; Nos. 136 and 160, 2012; No 168, 2015; No 100, 2016

c. 7.....................

am. No. 160, 2012

c. 8.....................

am. No. 160, 2012

c. 9.....................

am. No. 14, 2011; No. 160, 2012; No 168, 2015

c. 9A...................

ad. No. 14, 2011

 

am. No. 160, 2012

 

rep. No. 23, 2013

c. 9B....................

ad. No. 160, 2012

 

rep. No. 23, 2013

c. 11....................

am. No. 6, 2010; No. 72, 2011; Nos. 6 and 160, 2012; No. 23, 2013; No 100, 2016

c. 12....................

am. No. 39, 2009; No. 160, 2012; No 126, 2015

c. 12A...................

ad. No. 72, 2011

 

am. Nos. 136 and 160, 2012

c. 12B...................

ad. No. 72, 2011

c. 12C...................

ad. No. 23, 2013

 

am No 126, 2015

 

ed C60

Division 4

 

Subdivision 4A

 

c. 13....................

am. No. 160, 2012; No. 23, 2013

Subdivision 4B

 

c 15....................

am No 168, 2015

c. 16....................

am. No. 160, 2012

Subdivision 4C

 

c. 17....................

am. No. 14, 2011; No. 160, 2012; No. 23, 2013; No 126, 2015

Subdivision 4D

 

c. 18....................

am. No. 160, 2012

c. 19....................

am. No. 160, 2012

c 23....................

am No 160 and 197, 2012

Subdivision 4E

 

c. 23A...................

ad. No. 23, 2013

c 23B...................

ad No 168, 2015

c 23C...................

ad No 168, 2015

c. 24....................

am. No. 6, 2012

c. 25....................

am. No. 14, 2011; Nos. 6 and 160, 2012

c. 25A...................

ad. No. 14, 2011

c. 26....................

am. No. 14, 2011; No. 160, 2012; No 168, 2015

c. 26A...................

ad. No. 23, 2013

Subdivision 4F

 

c. 27....................

am. No. 160, 2012; No 168, 2015

c. 27A...................

ad. No. 11, 2008

 

am. No. 160, 2012

c. 28....................

am. No. 11, 2008; No. 160, 2012

Division 5

 

Subdivision 5A

 

c. 29....................

am. No. 39, 2009; No. 160, 2012; No. 23, 2013; No 126, 2015

c. 29A...................

ad. No. 14, 2011

Subdivision 5AA

 

Subdivision 5AA.....

ad. No. 23, 2013

c. 29B...................

ad. No. 23, 2013

 

am No 126, 2015

c. 29C...................

ad. No. 23, 2013

 

am No 126, 2015

Subdivision 5B

 

c. 30A...................

ad. No. 39, 2009

 

am. No. 72, 2011; No. 160, 2012

c. 31....................

am. No. 72, 2011

c. 32....................

rs. No. 14, 2011

 

rep. No. 23, 2013

c. 32A...................

ad. No. 39, 2009

c. 33....................

am. Nos. 14 and 72, 2011; No. 160, 2012

c. 33A...................

ad. No. 72, 2011

Subdivision 5C

 

c. 34A...................

ad. No. 14, 2011

 

rs. No. 160, 2012

 

rep. No. 23, 2013

c. 34B...................

ad. No. 160, 2012

 

rep. No. 23, 2013

c. 34....................

am. No. 72, 2011; No. 160, 2012; No 126, 2015

c. 35....................

am. No. 160, 2012

c. 36....................

am. No. 72, 2011; No 168, 2015

c 37....................

am No 168, 2015

c. 38....................

rep. No. 160, 2012

Subdivision 5D

 

c 39....................

am No 168, 2015

Subdivision 5E

 

Subdivision 5E heading 

rs. No. 160, 2012; No 126, 2015

Subdivision 5E......

ad. No. 39, 2009

c. 39A...................

ad. No. 39, 2009

 

am. No. 160, 2012; No 126, 2015

c. 39B...................

ad. No. 160, 2012

 

am No 126, 2015

Division 5A

 

Division 5A...............

ad No 168, 2015

Subdivision 5AA

 

c 39DA..................

ad No 168, 2015

c 39DB..................

ad No 168, 2015

c 39DC..................

ad No 168, 2015

c 39DD..................

ad No 168, 2015

c 39DE..................

ad No 168, 2015

c 39DF..................

ad No 168, 2015

c 39DG..................

ad No 168, 2015

c 39DH..................

ad No 168, 2015

c 39DI..................

ad No 168, 2015

c 39DJ..................

ad No 168, 2015

c 39DK..................

ad No 168, 2015

c 39DL..................

ad No 168, 2015

Subdivision 5AB

 

c 39EA..................

ad No 168, 2015

c 39EB..................

ad No 168, 2015

c 39EC..................

ad No 168, 2015

 

am No 77, 2020

Subdivision 5AC

 

c 39FA..................

ad No 168, 2015

c 39FB..................

ad No 168, 2015

 

am No 77, 2020

c 39FC..................

ad No 168, 2015

c 39FD..................

ad No 168, 2015

 

am No 77, 2020

Subdivision 5AD

 

c 39GA..................

ad No 168, 2015

 

am No 77, 2020

c 39GB..................

ad No 168, 2015

c 39GC..................

ad No 168, 2015

 

am No 77, 2020

c 39GD..................

ad No 168, 2015

 

am No 76, 2018

Part 2

 

Division 6

 

c 40....................

am No 100, 2016; No 93, 2017

c. 41....................

rs. No. 160, 2012

c. 42....................

rep. No. 160, 2012

Division 7

 

Subdivision 7A

 

c 43....................

am No 11, 2008; No 39, 2009; No 178, 2011; No 160, 2012; No 168, 2015; No 100, 2016; No 76, 2018

c 44....................

am No 160, 2015

c. 45....................

am. No. 11, 2008; No. 39, 2009; No. 121, 2009; No. 160, 2012

c. 45A...................

ad. No. 39, 2009

 

am. No. 160, 2012

c 45B...................

ad No 168, 2015

c 45C...................

ad No 168, 2015

c 45D...................

ad No 168, 2015

c 45E...................

ad No 168, 2015

Subdivision 7B

 

Subdivision 7B heading 

rs No 76, 2018

c 46....................

am No 168, 2015; No 76, 2018; No 160, 2018

c 46A...................

ad No 168, 2015

 

am No 76, 2018

c 46AA..................

ad No 160, 2018

 

am No 160, 2018

c 46B...................

ad No 168, 2015

 

am No 76, 2018

c 47....................

am No 76, 2018

c 49....................

am No 76, 2018

c 51....................

am No 76, 2018

c 51A...................

ad No 168, 2015

 

am No 76, 2018

Division 8

 

c 54....................

am No 76, 2018

Division 9

 

c 56....................

am No 160, 2012; No 168, 2015; No 76, 2018; No 160, 2018

Part 3

 

Division 10

 

c. 57....................

am. No. 6, 2012

c. 58....................

am. No. 160, 2012

Division 11

 

c 60....................

rs No 168, 2015

c. 61....................

am. Nos. 6 and 160, 2012

Division 12

 

c. 64....................

am. No. 160, 2012; No 168, 2015

c. 67....................

am. No. 160, 2012

Division 13

 

c. 70....................

am. No. 160, 2012

Division 14

 

Division 14 heading..........

rs. No. 6, 2012

Subdivision 14A heading 

ad. No. 6, 2012

 

rep. No. 156, 2012

c 71....................

am No 6, 2012; No 156, 2012; No 103, 2019

c 72....................

am No 197, 2012; No 168, 2015

c 73....................

am No 103, 2019

c. 74....................

am. No. 121, 2009; No 168, 2015

c. 75....................

am. No. 121, 2009; No. 156, 2012; No 168, 2015

c. 76....................

am. No. 121, 2009

c. 77....................

am. Nos. 6 and 156, 2012

c. 78....................

am. No. 121, 2009

Subdivision 14B.....

ad. No. 6, 2012

 

rep. No. 156, 2012

c. 78A...................

ad. No. 6, 2012

 

rs. No. 156, 2012

c. 78B...................

ad. No. 156, 2012

Division 15

 

Subdivision 15A

 

c 79....................

am No 74, 2016

Subdivision 15B

 

c. 80....................

am. No. 6, 2012; No 74, 2016

c 82....................

am No 74, 2016

Subdivision 15C

 

Subdivision 15C heading 

rs No 74, 2016

c 83....................

am No 74, 2016

c 84....................

am No 74, 2016

c 85....................

am No 74, 2016

c 86....................

am No 74, 2016

c 87....................

am No 74, 2016

Subdivision 15D

 

c 88....................

am No 168, 2015

c 89....................

am No 76, 2018

Division 16

 

Subdivision 16B

 

c 91....................

am No 72, 2011; No 168, 2015; No 76, 2018; No 160, 2018

Part 4

 

c 97A...................

ad No 168, 2015

c 98....................

am No 5, 2011; No 160, 2012

c 99....................

am No 121, 2009; No 160, 2012

Schedule 1

 

Schedule 1................

am No 45, 2004; No 114, 2004; No 157, 2004; No 56, 2005; No 83, 2005; No 143, 2005; No 158, 2005; No 161, 2005; No 121, 2006; No 72, 2007; No 119, 2007; No 170, 2007; No 11, 2008; No 43, 2008; No 89, 2008; No 144, 2008; No 27, 2009; No 121, 2009; No 17, 2010; No 111, 2010; No 14, 2011; No 32, 2011; No 74, 2011; No 104, 2011; No 130, 2011; No 6, 2012; No 38, 2012; No 156, 2012; No 160, 2012; No 23, 2013; No 112, 2013; No 126, 2015; No 154, 2015; No 160, 2015; No 168, 2015; No 169, 2015; No 55, 2016; No 74, 2016; No 100, 2016; No 83, 2017; No 76, 2018; No 116, 2018; No 86, 2019; No 103, 2019; No 111, 2019; No 62, 2020

 

ed C72

 

am No 62, 2020; No 77, 2020; No 93, 2020 (Sch 4A item 11; Sch 4B item 12)

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Paragraph 545(e)

Kind of editorial change

Change to punctuation

Details of editorial change

Schedule 5 item 7 of the Higher Education Support Amendment (JobReady Graduates and Supporting Regional and Remote Students) Act 2020 instructs to repeal paragraph 545(f).

The repeal of paragraph 545(f) results in paragraph 545(e) ending with a semicolon despite being the last paragraph of that section.

This compilation was editorially changed by omitting the semicolon and inserting a full stop at the end of paragraph 545(e) to bring it into line with legislative drafting practice.