VET Student Loans Act 2016

PART 4 - APPROVED COURSE PROVIDERS  

Division 5 - Ensuring compliance  

SECTION 43   COMPLIANCE NOTICES  

43(1)    
This section applies if the Secretary:

(a) is satisfied that an approved course provider is not complying with this Act; or

(b) is aware of information that suggests that an approved course provider may not be complying with this Act.

43(2)    
The Secretary may give the provider a compliance notice.

43(3)    
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 non-compliance or possible non-compliance; and

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

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

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

(f) state that a failure to comply with the notice is subject to a civil penalty and may also lead to the provider ' s approval being suspended or revoked; and

(g) set out any other matters specified in the rules for the purposes of this paragraph.

43(4)    
An approved course provider contravenes this subsection if the provider fails to comply with a compliance notice.

Civil penalty: 60 penalty units.

43(5)    
To avoid doubt, the Secretary is not required to give an approved course provider a compliance notice before suspending or revoking the provider ' s approval.