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Higher Education Support Act 2003
In force
Administered by
Department of Education
Department of Employment and Workplace Relations
Department of the Prime Minister and Cabinet
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C2018C00312 (C67)
01 July 2018
-
31 December 2018
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Chapter 1—Introduction
Division 1—Preliminary
1 1 Short title
1 5 Commencement
1 10 Identifying defined terms
Division 2—Objects
2 1 Objects of this Act
Division 3—Overview of this Act
3 1 General
3 5 Grants for higher education assistance etc. (Chapter 2)
3 10 Assistance to students (Chapter 3)
3 15 Repayment of loans (Chapter 4)
3 20 Administration (Chapter 5)
3 30 VET FEE HELP Assistance Scheme (Schedule 1A)
Division 5—Application of Act to Table C providers
5 1 Application of Act to Table C providers
Division 6—Schedule 1A
6 1 Schedule 1A
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Chapter 2—Grants for higher education assistance etc.
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Division 8—Introduction
8 1 What this Chapter is about
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Part 2 1—Higher education providers
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Division 13—Introduction
13 1 What this Part is about
13 5 The Higher Education Provider Guidelines
Division 16—What is a higher education provider?
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Subdivision 16 A—General
16 1 Meaning of higher education provider
16 5 When a body becomes or ceases to be a higher education provider
Subdivision 16 B—Which bodies are listed providers?
16 10 Listed providers
16 15 Table A providers
16 20 Table B providers
16 22 Table C providers
Subdivision 16 C—How are bodies approved as higher education providers?
16 25 Approval by the Minister
16 27 Body must be a registered higher education provider
16 30 The tuition assurance requirements
16 31 Tuition assurance requirements exemption for approvals
16 40 Application
16 45 Minister may seek further information
16 50 Minister to decide application
16 55 Approvals are legislative instruments
16 60 Conditions of approval
16 65 Minister to cause higher education provider to be notified of change in condition of approval
16 70 Variation of approval if body’s name changes
Division 19—What are the quality and accountability requirements?
Subdivision 19 A—General
19 1 The quality and accountability requirements
Subdivision 19 B—The financial viability requirements
19 5 Basic requirement
19 10 Financial information must be provided
19 12 Minister to have regard to financial information and matters prescribed in Higher Education Guidelines
Subdivision 19 C—The quality requirements
19 15 Provider must maintain quality
Subdivision 19 D—The fairness requirements
19 30 Basic requirement
19 35 Benefits and opportunities must be available equally to all students
19 36 Misrepresenting assistance under Chapter 3
19 36A Offering certain inducements
19 36B Engaging in cold calling
19 36C Use of third party contact lists
19 36D Other marketing requirements
19 36E Requirements relating to requests for Commonwealth assistance
19 37 Requiring membership of certain organisations or payment of certain amounts
19 38 Higher education providers’ expenditure of student services and amenities fees
19 40 Compliance with the tuition assurance requirements
19 42 Assessment of students as academically suited
19 45 Student grievance and review procedures
19 50 Higher education providers to appoint review officers
19 55 Review officers not to review own decisions
19 60 Procedures relating to personal information
Subdivision 19 E—The compliance requirements
19 65 Basic requirements
19 67 Special requirements for student services, amenities, representation and advocacy in 2012 and later years
19 70 Provider to provide statement of general information
19 71 Co operation with HESA and TEQSA investigators
19 72 Providers must keep records
19 73 Providers must publish information
19 75 Notice of events that affect provider’s ability to comply with conditions of Commonwealth assistance
19 77 Notice of events affecting accreditation
19 78 Notice of events significantly affecting TEQSA registration
19 80 Compliance assurance—provider (other than Table A provider)
19 82 Compliance notices
Subdivision 19 F—What are the contribution and fee requirements?
19 85 Basic requirement
19 87 Determining student contribution amounts for all places in units
19 90 Determining tuition fees for all students
19 95 Schedules of student contribution amounts for places and tuition fees
19 100 Limits on fees for courses of study
19 102 Meaning of fee
19 105 Meaning of tuition fee
Subdivision 19 G—The compact and academic freedom requirements
19 110 Table A providers and Table B providers must enter into mission based compacts
19 115 Provider to have policy upholding free intellectual inquiry
Division 22—When does a body cease to be a higher education provider?
Subdivision 22 A—General
22 1 Cessation of approval as a provider
Subdivision 22 AA—Revocation of approval if registration ceases or winding up order made
22 2 Automatic revocation of approval if registration ceases
22 3 Automatic revocation of approval if winding up order made
Subdivision 22 B—Revocation for cause
22 5 Revocation of approval if application for approval as a provider is false or misleading
22 7 Revocation of approval if providing education and/or conducting research ceases to be the body’s principal purpose
22 10 Revocation of approval if status or accreditation changes
22 15 Revocation of approval as a provider for a breach of conditions or the quality and accountability requirements
22 17 Revocation of approval as a provider if provider etc. not a fit and proper person
Subdivision 22 C—Process for decisions on revocation under Subdivision 22 B
22 20 Process for revoking approval
22 25 Determination retaining approval as a provider in respect of existing students
22 30 Suspension of approval as a provider
22 32 Determination retaining approval as a provider in respect of existing students following suspension of approval
Subdivision 22 D—Revocation of approval on application
22 40 Revocation of approval as a provider on application
Subdivision 22 E—Notice of approval or revocation ceasing to have effect under the Legislation Act 2003
22 45 Notice of approval ceasing to have effect under the Legislation Act 2003
22 50 Notice of revocation ceasing to have effect under the Legislation Act 2003
Part 2 2—Commonwealth Grant Scheme
Division 27—Introduction
27 1 What this Part is about
27 5 Guidelines
Division 30—Which higher education providers are eligible for a grant?
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Subdivision 30 A—Basic rules
30 1 Eligibility for grants
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Subdivision 30 B—Allocation of places
30 10 Allocation of places
30 12 Designated courses of study
30 15 Funding clusters
30 20 National priorities
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Subdivision 30 C—Funding agreements
30 25 Funding agreements
30 27 Funding agreement may specify maximum basic grant amounts
30 28 Funding agreement to be published
Division 33—How are grant amounts worked out?
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Subdivision 33 A—Basic rule
33 1 How grant amount is worked out
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Subdivision 33 B—Basic grant amounts
33 5 Basic grant amounts
33 10 Commonwealth contribution amounts
33 30 Working out the number of Commonwealth supported places provided
33 35 Funding clusters in which units of study are included
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Subdivision 33 C—Adjustments
33 37 Adjustments for breach of section 19 37
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Subdivision 33 D—Special purpose advances
33 40 Advances for certain purposes
Division 36—What are the conditions of receiving a grant?
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Subdivision 36 A—General
36 1 Condition of grant to comply with this Division
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Subdivision 36 B—Conditions relating to Commonwealth supported students
36 5 Meaning of Commonwealth supported student
36 10 Advice on whether a person is a Commonwealth supported student
36 15 Persons not to be advised they are Commonwealth supported
36 20 Providers to repay amounts—special circumstances
36 21 Special circumstances
36 22 Application period
36 23 Dealing with applications
36 24A Providers to repay amounts—provider ceases to provide course
36 24B Providers to repay amounts—no tax file numbers
36 24C Secretary may act if provider is unable to
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Subdivision 36 C—Conditions relating to enrolment
36 25 Continued support for Commonwealth supported students
36 30 Providers to enrol persons as Commonwealth supported students
36 40 Providers to cancel enrolments in certain circumstances
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Subdivision 36 D—Conditions relating to student contribution amounts
36 45 Limits on student contribution amounts
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Subdivision 36 E—Conditions relating to tuition fees
36 55 Tuition fees for non Commonwealth supported students
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Subdivision 36 F—Other conditions
36 60 Providers to meet the quality and accountability requirements
36 65 Providers to comply with funding agreement
36 70 Providers to comply with the Commonwealth Grant Scheme Guidelines
Part 2 2A—Indigenous student assistance grants
Division 38—Indigenous student assistance grants
38 1 What this Part is about
38 5 Indigenous Student Assistance Grants Guidelines
38 10 Eligibility for grants under this Part
38 15 Guidelines may provide for grants
38 20 Approval of grants
38 25 Conditions on grants
38 30 Amounts of grants
38 35 Amounts payable under this Part
38 40 Rollover of grant amounts
38 45 Maximum payments for grants under this Part
Part 2 3—Other grants
Division 41—Other grants
41 1 What this Part is about
41 5 The Other Grants Guidelines
41 10 Eligibility for grants under this Part
41 15 Grants may be paid under programs
41 20 Approval of grants
41 25 Conditions on grants
41 30 Amount of a grant
41 35 Amounts payable under this Part
41 40 Rollover of grant amounts
41 45 Maximum payments for other grants under this Part
41 50 List of maximum grant amounts
41 95 Alternative constitutional bases
Part 2 4—Commonwealth scholarships
Division 46—Commonwealth scholarships
46 1 What this Part is about
46 5 The Commonwealth Scholarships Guidelines
46 10 Classes of Commonwealth scholarships
46 13 Eligibility of students to receive directly paid standard Commonwealth scholarships
46 15 Eligibility of higher education providers to receive grants for certain Commonwealth scholarships
46 20 Other matters relating to Commonwealth scholarships
46 25 Condition of grants
46 30 Amounts payable under this Part
46 35 Rollover of grant amounts
46 40 Maximum payments for Commonwealth scholarships
Part 2 5—Reduction and repayment of grants
Division 51—Introduction
51 1 What this Part is about
51 5 The Reduction and Repayment Guidelines
Division 54—In what circumstances may a grant be reduced or required to be repaid?
54 1 Decision as to reduction or repayment of a grant
54 5 Appropriateness of requiring reduction or repayment of grant
Division 57—What is the amount of a reduction or repayment?
57 1 Reduction in amount of grants
57 5 Amount of the repayment
Division 60—How are decisions reducing a grant or requiring repayment of a grant made?
60 1 Procedure prior to decision
60 5 Notification of decision
60 10 When a decision takes effect
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Chapter 3—Assistance to students
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Division 65—Introduction
65 1 What this Chapter is about
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Part 3 2—HECS HELP assistance
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Division 87—Introduction
87 1 What this Part is about
87 5 The HECS HELP Guidelines
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Division 90—Who is entitled to HECS HELP assistance?
90 1 Entitlement to HECS HELP assistance
90 5 Citizenship or residency requirements
90 10 Students not entitled to HECS HELP assistance
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Division 93—How are amounts of HECS HELP assistance worked out?
93 1 The amount of HECS HELP assistance for a unit of study
93 5 Student contribution amounts
93 10 Maximum student contribution amounts for places
93 15 Up front payments
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Division 96—How are amounts of HECS HELP assistance paid?
96 1 Payments to higher education providers
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Part 3 3—FEE HELP assistance
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Division 101—Introduction
101 1 What this Part is about
101 5 The FEE HELP Guidelines
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Division 104—Who is entitled to FEE HELP assistance?
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Subdivision 104 A—Basic rules
104 1 Entitlement to FEE HELP assistance
104 1A Failure by a student to complete previous units with provider
104 2 Failure by a student to complete previous units accessed through Open Universities Australia
104 3 Failure by Open Universities Australia to comply with FEE HELP Guidelines etc.
104 4 Failure by Open Universities Australia to set tuition fees and census date
104 5 Citizenship or residency requirements
104 10 Course requirements
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Subdivision 104 B—FEE HELP balances
104 15 A person’s FEE HELP balance
104 20 The FEE HELP limit
104 25 Main case of re crediting a person’s FEE HELP balance
104 27 Re crediting a person’s FEE HELP balance—no tax file number
104 30 Special circumstances
104 35 Application period
104 40 Dealing with applications
104 42 Re crediting a person’s FEE HELP balance if provider ceases to provide course of which unit forms part
104 43 Re crediting a person’s FEE HELP balance if not a genuine student
104 44 Re crediting a person’s FEE HELP balance if provider completes request for assistance etc.
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Subdivision 104 C—Bridging courses for overseas trained professionals
104 45 Meaning of bridging course for overseas trained professionals
104 50 Assessment statements
104 55 Meaning of assessing body
104 60 Meaning of listed professional occupations
104 65 Occupation includes part of an occupation
104 70 Requirements for entry to an occupation
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Division 107—How are amounts of FEE HELP assistance worked out?
107 1 The amount of FEE HELP assistance for a unit of study
107 5 Up front payments
107 10 Amounts of FEE HELP assistance and VET FEE HELP assistance must not exceed the FEE HELP balance
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Division 110—How are amounts of FEE HELP assistance paid?
110 1 Payments
110 5 Effect of FEE HELP balance being re credited
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Part 3 4—OS HELP assistance
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Division 115—Introduction
115 1 What this Part is about
115 5 The OS HELP Guidelines
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Division 118—Who is entitled to OS HELP assistance?
118 1 Entitlement to OS HELP assistance
118 2 Entitlement to supplementary amount for Asian language study
118 5 Citizenship or residency requirements
118 7 Prior study requirements
118 10 Overseas study requirements
118 15 Selection of students for receipt of OS HELP assistance and supplementary amounts for Asian language study
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Division 121—How are amounts of OS HELP assistance worked out?
121 1 The amount of OS HELP assistance for a period
121 5 Maximum OS HELP (overseas study) amount
121 10 Minimum OS HELP (overseas study) amount
121 15 Maximum OS HELP (Asian language study) amount
121 20 Minimum OS HELP (Asian language study) amount
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Division 124—How are amounts of OS HELP assistance paid?
124 1 Amounts of OS HELP assistance are lent to students
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Part 3 5—SA HELP assistance
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Division 125—Introduction
125 1 What this Part is about
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Division 126—Who is entitled to SA HELP assistance?
126 1 Entitlement to SA HELP assistance
126 5 Citizenship or residency requirements
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Division 127—How are amounts of SA HELP assistance worked out?
127 1 The amount of SA HELP assistance for a student services and amenities fee
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Division 128—How are amounts of SA HELP assistance paid?
128 1 Payments to higher education providers of loans to students
128 5 Repayment by higher education provider if student does not have tax file number
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Chapter 4—Repayment of loans
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Division 129—Introduction
129 1 What this Chapter is about
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Part 4 1—Indebtedness
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Division 134—Introduction
134 1 What this Part is about
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Division 137—How do HELP debts arise?
137 1 HELP debts
137 5 HECS HELP debts
137 10 FEE HELP debts
137 15 OS HELP debts
137 16 SA HELP debts
137 18 VET FEE HELP debts
137 19 VET student loan debts
137 20 HELP debt discharged by death
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Division 140—How are accumulated HELP debts worked out?
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Subdivision 140 A—Outline of this Division
140 1 Outline of this Division
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Subdivision 140 B—Former accumulated HELP debts
140 5 Working out a former accumulated HELP debt
140 10 HELP debt indexation factor
140 15 Index numbers
140 20 Publishing HELP debt indexation factors
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Subdivision 140 C—Accumulated HELP debts
140 25 Working out an accumulated HELP debt
140 30 Rounding of amounts
140 35 Accumulated HELP debt discharges earlier debts
140 40 Accumulated HELP debt discharged by death
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Part 4 2—Discharge of indebtedness
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Division 148—Introduction
148 1 What this Part is about
148 3 The Overseas Debtors Repayment Guidelines
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Division 151—How is indebtedness voluntarily discharged?
151 1 Voluntary repayments in respect of debts
151 10 Application of voluntary repayments
151 15 Refunding of payments
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Division 154—How is indebtedness compulsorily discharged?
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Subdivision 154 A—Liability to repay amounts
154 1 Liability to repay amounts
154 5 Repayment income
154 10 Minimum repayment income
154 15 Repayable debt for an income year
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Subdivision 154 AA—Liability of overseas debtors to repay amounts
154 16 Liability of overseas debtors to repay amounts
154 17 Assessed worldwide income
154 18 Notices to be given to the Commissioner
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Subdivision 154 B—Amounts payable to the Commonwealth
154 20 Amounts payable to the Commonwealth
154 25 Indexation
154 30 Publishing indexed amounts
154 32 Amounts payable to the Commonwealth by overseas debtors
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Subdivision 154 C—Assessments
154 35 Commissioner may make assessments
154 40 Notification of notices of assessment of tax
154 45 Commissioner may defer making assessments
154 50 Commissioner may amend assessments
154 55 Higher education providers etc. to provide information to Commissioner
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Subdivision 154 D—Application of tax legislation
154 60 Returns, assessments, collection and recovery
154 65 Charges and civil penalties for failing to meet obligations
154 70 Pay as you go (PAYG) withholding
154 80 Pay as you go (PAYG) instalments
154 90 Failures to comply with section 154 18
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Chapter 5—Administration
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Division 159—Introduction
159 1 What this Chapter is about
159 5 The Administration Guidelines
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Part 5 1—Payments by the Commonwealth
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Division 164—Payments by the Commonwealth
164 1 What this Part is about
164 5 Time and manner of payments
164 10 Advances
164 15 Overpayments of Commonwealth grants
164 17 Overpayments of Commonwealth scholarships to students
164 18 Repayment of Commonwealth scholarships paid to students—breach of condition
164 20 Rounding of amounts
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Part 5 2—Administrative requirements on higher education providers
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Division 169—Administrative requirements on higher education providers
169 1 What this Part is about
169 5 Notices
169 10 Correction of notices
169 15 Charging student contribution amounts and tuition fees
169 17 Requirements relating to withdrawal from units of study
169 20 Exempt students
169 25 Determining census dates and EFTSL values
169 27 Meaning of EFTSL
169 28 Meaning of EFTSL value
169 30 Communications with the Commonwealth concerning students etc.
169 35 6 week cut off for corrections affecting entitlement to Commonwealth assistance
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Part 5 3—Electronic communications
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Division 174—Electronic communications
174 1 What this Part is about
174 5 Guidelines may deal with electronic communications
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Part 5 4—Management of information
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Division 179—Protection of personal information
179 1 What this Division is about
179 5 Meaning of personal information
179 10 Use of personal information
179 15 Meanings of officer etc. and official employment
179 20 When information is disclosed in the course of official employment
179 25 Commissioner may disclose information
179 30 Oath or affirmation to protect information
179 35 Unauthorised access to, or modification of, personal information
179 40 Officer may use information
179 45 This Division does not limit disclosure or use of information
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Division 180—Disclosure or use of Higher Education Support Act information
180 1 What this Division is about
180 5 Meaning of Higher Education Support Act information
180 10 Disclosure and use by Commonwealth officers
180 15 Disclosure of information to TEQSA
180 20 Disclosure of information to the National VET Regulator
180 25 Disclosure of information to other bodies
180 28 Disclosure and use of information for the HELP program
180 30 Use of information to conduct surveys
180 35 This Division does not limit disclosure or use of information
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Division 182—Other rules about information
182 1 Minister may seek information from TEQSA and relevant VET regulator
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Part 5 5—Tax file numbers
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Division 184—Introduction
184 1 What this Part is about
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Division 187—What are the tax file number requirements for assistance under Chapter 3?
187 1 Meeting the tax file number requirements
187 2 Who is an appropriate officer?
187 5 Student to notify tax file number when issued
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Division 190—Who can the Commissioner notify of tax file number matters?
190 1 When tax file numbers are issued etc.
190 5 When tax file numbers are altered
190 10 When tax file numbers are incorrectly notified—students with tax file numbers
190 15 When tax file numbers are incorrectly notified—students without tax file numbers
190 20 When applications are refused or tax file numbers are cancelled
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Division 193—Other provisions relating to tax file numbers
193 1 Giving information about tax file number requirements
193 5 No entitlement to HECS HELP assistance for students without tax file numbers
193 10 No entitlement to FEE HELP assistance for students without tax file numbers
193 15 No entitlement to SA HELP assistance for students without tax file numbers
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Part 5 6—Indexation
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Division 198—Indexation
198 1 What this Part is about
198 5 The amounts that are to be indexed
198 10 Indexing amounts
198 15 Meaning of indexation factor
198 20 Meaning of index number
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Part 5 7—Review of decisions
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Division 203—Introduction
203 1 What this Part is about
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Division 206—Which decisions are subject to review?
206 1 Reviewable decisions etc.
206 5 Deadlines for making reviewable decisions
206 10 Decision maker must give reasons for reviewable decisions
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Division 209—How are decisions reconsidered?
209 1 Reviewer of decisions
209 5 Reviewer may reconsider reviewable decisions
209 10 Reconsideration of reviewable decisions on request
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Division 212—Which decisions are subject to AAT review?
212 1 AAT review of reviewable decisions
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Part 5 8—Regulatory powers
215 1 What this Part is about
215 5 Monitoring powers
215 10 Investigation powers
215 15 Civil penalty provisions
215 20 Infringement notices
215 25 Enforceable undertakings
215 30 Injunctions
215 35 Appointment of investigators
215 40 Delegation of regulatory powers
215 45 Contravening offence and civil penalty provisions
215 50 Certain references to higher education provider include references to agent
215 55 Other enforcement action
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Chapter 7—Miscellaneous
238 1A Giving false or misleading information
238 1 Delegations by Secretary
238 5 Delegations by Minister
238 7 Review of impact of Act
238 8 Extent of Commissioner’s general administration of this Act
238 10 Guidelines
238 12 Appropriation
238 15 Regulations
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Schedule 1A—VET FEE HELP Assistance Scheme
1 What this Schedule is about
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Part 1—VET providers
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Division 1—Introduction
2 What this Part is about
3 The VET Guidelines
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Division 3—What is a VET provider?
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Subdivision 3 A—General
4 Meaning of VET provider
5 When a body becomes or ceases to be a VET provider
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Subdivision 3 B—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
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Division 4—What are the VET quality and accountability requirements?
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Subdivision 4 A—General
13 The VET quality and accountability requirements
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Subdivision 4 B—The VET financial viability requirements
14 Basic requirement
15 Financial information must be provided
16 Minister to have regard to financial information
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Subdivision 4 C—The VET quality requirements
17 Provider must maintain quality
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Subdivision 4 D—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
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Subdivision 4 E—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
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Subdivision 4 F—The VET fee requirements
27 Determining tuition fees for all students
27A Requirements in the VET Guidelines
28 Schedules of VET tuition fees
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Division 5—When does a body cease to be a VET provider?
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Subdivision 5 A—General
29 Cessation of approval as a provider
29A Minister to notify relevant VET Regulator of cessation of approval
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Subdivision 5 AA—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
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Subdivision 5 B—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
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Subdivision 5 C—Process for decisions on revocation under Subdivision 5 B
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
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Subdivision 5 D—Revocation of approval on application
39 Revocation of approval as a provider on application
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Subdivision 5 E—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
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Division 5A—Civil penalty provisions and enforcement
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Subdivision 5A A—Civil penalty provisions
39DA Civil penalty provisions
39DB Civil penalty—publishing information that suggests VET FEE HELP assistance is not a loan etc.
39DC Civil penalty—inappropriate inducements
39DD Appropriate and inappropriate inducements
39DE Civil penalty—failure to provide VET FEE HELP 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
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Subdivision 5A B—Infringement notices
39EA Infringement notices
39EB Infringement officers
39EC Relevant chief executive
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Subdivision 5A C—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.
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Subdivision 5A D—Other matters
39GA Appointment of investigators
39GB Functions and powers
39GC Delegation by relevant chief executive etc.
39GD Other enforcement action
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Part 2—VET FEE HELP assistance
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Division 6—Introduction
40 What this Part is about
41 The VET Guidelines
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Division 7—Who is entitled to VET FEE HELP assistance?
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Subdivision 7 A—Basic rules
43 Entitlement to VET FEE HELP 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 FEE HELP accounts
45E Effect of VET FEE HELP account being in deficit at the end of a calendar year
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Subdivision 7 B—FEE HELP balances
46 Main case of re crediting a person’s FEE HELP balance
46A Re crediting a person’s FEE HELP balance—unacceptable conduct by provider or provider’s agent
46B Re crediting a person’s FEE HELP balance—VET FEE HELP account in deficit at the end of a calendar year
47 Re crediting a person’s FEE HELP balance—no tax file number
48 Special circumstances
49 Application period
50 Dealing with applications
51 Re crediting a person’s FEE HELP balance 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
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Division 8—How are amounts of VET FEE HELP assistance worked out?
52 The amount of VET FEE HELP assistance for a VET unit of study
53 Up front payments
54 Amounts of VET FEE HELP assistance and FEE HELP assistance must not exceed the FEE HELP balance
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Division 9—How are amounts of VET FEE HELP assistance paid?
55 Payments
56 Effect of FEE HELP balance being re credited
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Part 3—Administration
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Division 10—Introduction
57 What this Part is about
58 The VET Guidelines
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Division 11—Payments by the Commonwealth
59 What this Division is about
60 Time and manner of payments
61 Advances
62 Rounding of amounts
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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.
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Division 13—Electronic communications
69 What this Division is about
70 Guidelines may deal with electronic communications
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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
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Division 15—Tax file numbers
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Subdivision 15 A—Introduction
79 What this Division is about
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Subdivision 15 B—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
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Subdivision 15 C—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
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Subdivision 15 D—Other provisions relating to tax file numbers
88 Giving information about tax file number requirements
89 No entitlement to VET FEE HELP assistance for students without tax file numbers
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Division 16—Review of decisions
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Subdivision 16 A—Introduction
90 What this Division is about
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Subdivision 16 B—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
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Subdivision 16 C—How are decisions reconsidered?
94 Reviewer of decisions
95 Reviewer may reconsider reviewable VET decisions
96 Reconsideration of reviewable VET decisions on request
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Subdivision 16 D—Which decisions are subject to AAT review?
97 AAT review of reviewable VET decisions
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Part 4—Miscellaneous
97A Compensation for acquisition of property
98 Delegations by Secretary
99 VET Guidelines
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Schedule 1—Dictionary
1 Definitions
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history