VET STUDENT LOANS ACT 2016
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Act binds the Crown
- 4 Objects
- 5 Simplified outline of this Act
- 6 Definitions
PART 2--LOANS--TO STUDENTS
Division 1--Secretary may approve loans
Division 2--Eligible students
- 9 Eligible students
- 10 Enrolment and loan application
- 11 Citizenship and residency
- 12 Academic suitability
Division 3--Approved courses
- 13 Approved courses
- 14 Kinds of courses
- 15 Provision and delivery
- 16 The courses and loan caps determination
Division 4--Applications for loans
PART 3--PAYING--AND REPAYING LOAN AMOUNTS
Division 1--Paying loan amounts
- 19 Loan must be used to pay tuition fees
- 20 When Secretary is not required to pay loan amount
- 21 Notice about payment of loan amount
Division 2--Repaying loan amounts
- 22 When course provider must repay loan amount
PART 3A--VETSL--DEBTS
Division 1--Simplified outline of this Part
- 23AA Simplified outline of this Part
Division 2--VETSL debts
Division 3--Accumulated VETSL debts
- 23CA Simplified outline of this Division
- 23CB Stage 1--working out a former accumulated VETSL debt
- 23CC Stage 2--working out an accumulated VETSL debt
- 23CD Rounding of amounts
- 23CE Accumulated VETSL debt discharges earlier debts
- 23CF Accumulated VETSL debt discharged by death
Division 4--Voluntary discharge of debt
Division 5--Compulsory discharge of debt
Subdivision A--Compulsory repayments- 23EA Compulsory repayments
- 23EB Repayable VETSL debt for an income year Subdivision B--Levy for overseas debtors
- 23EC Liability of overseas debtors to repay amounts
- 23ED Notices to be given to the Commissioner Subdivision C--Assessments
- 23EE Commissioner may make assessments
- 23EF Notification of notices of assessment of tax
- 23EG Commissioner may defer making assessments
- 23EH Commissioner may amend assessments
Division 6--Application of tax legislation
- 23FA Returns, assessments, collection and recovery
- 23FB Charges and civil penalties for failing to meet obligations
- 23FC Pay as you go (PAYG) withholding
- 23FD Pay as you go (PAYG) instalments
- 23FE Failures to comply with section 23ED
- 23FF Extent of Commissioner's general administration of this Act
PART 4--APPROVED--COURSE PROVIDERS
Division 1--Approving course providers
- 24 Meaning of approved course provider
- 25 Secretary may approve a body
- 26 Provider suitability requirements
- 27 Listed course providers may be taken to meet requirements
- 28 Application for approval
- 29 Period of approval
- 30 Decisions about approval
- 31 Fees for applications
- 32 When Secretary is not required to consider application
- 33 Period of approval extends to cover decision on re - approval
Division 2--Conditions of approval
- 34 Secretary may impose conditions
Division 3--Revoking and suspending approvals
- 35 Automatic revocation on winding up
- 35A Automatic revocation if body ceases to be a registered training organisation
- 36 Secretary may revoke or suspend approval
- 37 Immediate suspension in certain circumstances
- 38 Secretary must revoke approval on provider request
- 39 Secretary to notify relevant VET Regulator and VSL Tuition Protection Director if approval is revoked or suspended
Division 4A--External dispute resolution
- 42A Minister may specify external dispute resolution scheme
- 42B Meaning of approved external dispute resolution scheme
- 42BA External dispute resolution scheme--VET Student Loans Ombudsman
- 42C Approved course provider must comply
Division 5--Ensuring compliance
- 43 Compliance notices
- 44 Varying and revoking compliance notices
- 45 Compliance audits
- 46 Approved course provider must cooperate
PART 5--OTHER--REQUIREMENTS FOR APPROVED COURSE PROVIDERS
Division 1--General
- 47 Conditions of approval and course provider requirements
- 48 Provider must have certain processes and procedures
- 49 Provider must not use broker or agent
- 49A VSL tuition protection levy
Division 2--Information
- 50 Information for students
- 51 Retaining information and documents
- 52 Ongoing information requirements
- 53 Secretary may request information
- 54 Dealing with personal information
Division 3--Fees
Division 4--Census days
Division 5--Marketing
- 60 Misrepresenting VET student loans
- 61 Offering certain inducements
- 62 Engaging in cold - calling
- 63 Use of third party contact lists
- 64 Other marketing requirements
Division 6--Personal liability for executive officers
- 65 Personal liability for executive officers
- 66 Reasonable steps to prevent offence or contravention
PART 5A--TUITION--PROTECTION
Division 1--Preliminary
Division 2--Obligations when a provider defaults in relation to a student
- 66C Approved course providers must give notice of default to VSL Tuition Protection Director
- 66D Approved course providers must give notice of default to affected students
- 66E Student placement service
- 66F Obligations of providers to provide information about replacement courses
- 66G Obligations of replacement provider
- 66H Obligations where there is no replacement course
PART 5B--VSL--TUITION PROTECTION FUND, VSL TUITION PROTECTION DIRECTOR AND VSL TUITION PROTECTION FUND ADVISORY BOARD
Division 1--VSL Tuition Protection Fund
- 66J Name of Fund
- 66K Credits to the VSL Tuition Protection Fund
- 66L Purposes of the VSL Tuition Protection Fund
Division 2--VSL Tuition Protection Director
- 66M VSL Tuition Protection Director
- 66N Functions of the VSL Tuition Protection Director
- 66P Administrative provisions relating to the VSL Tuition Protection Director
Division 3--VSL Tuition Protection Fund Advisory Board
- 66Q Establishment and membership
- 66R Function of the VSL Tuition Protection Fund Advisory Board
- 66S Administrative provisions relating to the VSL Tuition Protection Fund Advisory Board
PART 6--RE---CREDITING HELP BALANCES
Division 1--General
- 67 When HELP balance may be re - credited
Division 2--Re-crediting by course provider
Division 3--Re-crediting by Secretary other than on discharge of debt
- 71 When Secretary may re - credit HELP balance
- 72 Student may apply for re - crediting by Secretary
- 72A When Secretary must re - credit HELP balance
- 73 Secretary must invite submissions before re - crediting
Division 4--Re-crediting by Secretary on discharge of debt
- 73A When Secretary must re - credit HELP balance--discharge of debt
PART 7--REVIEW--OF DECISIONS
Division 1--Reviewable decisions
Division 2--Reconsideration of reviewable decisions
- 76 Application for reconsideration
- 77 Reconsideration without application
- 78 Reconsideration by delegates of the Secretary or Commissioner
- 78A Reconsideration by delegates of the VSL Tuition Protection Director
- 79 Approved course providers must have review officers
- 80 Review by the AAT
Division 3--Reconsideration of other decisions
- 81 Reconsideration of other decisions
PART 8--REGULATORY--POWERS
- 82 Monitoring powers
- 83 Investigation powers
- 84 Civil penalty provisions
- 85 Infringement notices
- 86 Enforceable undertakings
- 87 Injunctions
- 88 Appointment of investigators
- 89 Delegation of regulatory powers
- 90 Other enforcement action
PART 9--USE--OF INFORMATION
Division 1--Authorised use and disclosure of information
- 91 Use and disclosure by Commonwealth officers
- 92 Use and disclosure by certain VET officers
- 93 Disclosure to certain agencies, bodies or persons
- 94 Disclosure for purposes of law enforcement
- 95 Disclosure to other bodies for permitted purposes
- 96 Disclosure of publicly available information
- 97 Commissioner may disclose VET information
- 98 This Division does not limit use or disclosure of VET information
Division 2--Offences for misuse of personal information
- 99 VET officers
- 100 Use of personal information for other purposes
- 101 Unauthorised access to, or modification of, personal information
PART 10--GENERAL--PROVISIONS
- 102 Communicating electronically
- 103 Secretary may publish information
- 103A Secretary must publish information relating to operation of the VET student loans program
- 104 Secretary may require a person to provide information about compliance with this Act
- 104A VSL Tuition Protection Director may require a person to provide information about compliance with Part 5A
- 105 Secretary may use computer programs to make decisions
- 105A VSL Tuition Protection Director may use computer programs to make decisions
- 106 Giving false or misleading information
- 107 Verifying tax file numbers
- 108 Contravening offence and civil penalty provisions
- 109 Certain references to course provider include references to agent
- 110 Continuing application of Act to certain persons
- 111 No entitlement to future rights
- 112 Protection from civil actions
- 113 Compensation for acquisition of property
- 113A Review of operation of tuition protection
- 114 Delegations
- 115 Appropriation
- 115A Alternative constitutional basis
- 116 Rules