Commonwealth Numbered Acts

VET STUDENT LOANS ACT 2016 (NO. 98, 2016)

TABLE OF PROVISIONS

           Long Title

   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

   7.      Secretary may approve loans  
   8.      Amount of loan  

           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

   17.     Applications for loans  
   18.     Decisions about 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  
   23.     When tuition assurance scheme operator may be required to repay loan amount  

   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  
   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 if approval is revoked or suspended  

           Division 4--Tuition assurance

   40.     Tuition assurance arrangements  
   41.     Secretary may require tuition assurance scheme operator to act  
   42.     Other requirements for tuition assurance scheme operators  

           Division 4A--External dispute resolution

   42A.    Minister may specify external dispute resolution scheme  
   42B.    Meaning of approved external dispute resolution scheme  
   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  

           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

   55.     Determining tuition fees  
   56.     Student not liable for covered fees  
   57.     Publishing tuition fees  

           Division 4--Census days

   58.     Determining and publishing census days  
   59.     No penalty for cancelling enrolment before census day  

           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 6--RE-CREDITING FEE-HELP BALANCES

           Division 1--Application of Part

   67.     Application of Part  

           Division 2--Re-crediting by course provider

   68.     Special circumstances  
   69.     Course not provided to completion  
   70.     Secretary may act in place of provider  

           Division 3--Re-crediting by Secretary

   71.     When Secretary may re-credit FEE-HELP balance  
   72.     Student may apply for re-crediting by Secretary  
   73.     Secretary must invite submissions before re-crediting  

   PART 7--REVIEW OF DECISIONS

           Division 1--Reviewable decisions

   74.     Reviewable decisions  
   75.     When applications are taken to be refused  

           Division 2--Reconsideration of reviewable decisions

   76.     Application for reconsideration  
   77.     Reconsideration without application  
   78.     Reconsideration by delegates  
   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  
   105.    Secretary 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  
   114.    Delegations  
   115.    Appropriation  
   115A.   Alternative constitutional basis  
   116.    Rules