VET Student Loans Act 2016

Div 4 repealed by No 111 of 2019, s 3 and Sch 1 item 15, by, effective 1 January 2020. For application and transitional provisions, see note under Part 5A heading.

S 40 repealed by No 111 of 2019, s 3 and Sch 1 item 15, by, effective 1 January 2020. For application and transitional provisions, see note under Part 5A heading. S 40 formerly read:

SECTION 40 TUITION ASSURANCE ARRANGEMENTS  
40(1)
A tuition assurance arrangement is an arrangement between a course provider and another person (the tuition assurance scheme operator ) under which the tuition assurance scheme operator is to do certain things if a course provider ceases to provide a course at any time after it starts but before it is completed.

40(2)
The arrangement is an approved tuition assurance arrangement if:

(a) the arrangement meets any requirements set out in the rules; and

(b) under the arrangement, the tuition assurance scheme operator must:

(i) provide for students whose tuition fees are covered by a VET student loan to be able to finish the course, or an equivalent course; or

(ii) repay a student ' s tuition fees if the fees were paid using a VET student loan and it is impractical for the student to finish the course, or an equivalent course.

40(3)
To the extent to which the student ' s tuition fees were paid using the VET student loan, the fees must be repaid to the Commonwealth under subparagraph (2)(b)(ii).

S 41 repealed by No 111 of 2019, s 3 and Sch 1 item 15, by, effective 1 January 2020. For application and transitional provisions, see note under Part 5A heading. S 41 formerly read:

SECTION 41 SECRETARY MAY REQUIRE TUITION ASSURANCE SCHEME OPERATOR TO ACT  
41(1)
This section applies if:

(a) an approved tuition assurance arrangement applies (or applied) in relation to a student for a course; and

(b) the Secretary is satisfied the provider ceased to provide the course after it started but before it was completed.

41(2)
The Secretary may require the tuition assurance scheme operator to:

(a) provide for students whose tuition fees are covered by a VET student loan to be able to finish the course, or an equivalent course; or

(b) repay a student ' s tuition fees if the fees were paid using a VET student loan and it is impractical for the student to finish the course, or an equivalent course.

41(3)
A tuition assurance scheme operator must comply with a requirement under subsection (2).

S 42 repealed by No 111 of 2019, s 3 and Sch 1 item 15, by, effective 1 January 2020. For application and transitional provisions, see note under Part 5A heading. S 42 formerly read:

SECTION 42 OTHER REQUIREMENTS FOR TUITION ASSURANCE SCHEME OPERATORS  
41(1)
The rules may set out requirements that must be met by a tuition assurance scheme operator who is, or was, a party to a tuition assurance arrangement with an approved course provider.

41(2)
The requirements may include one or more of the following:

(a) to provide to the Secretary specified information in relation to the tuition assurance arrangement;

(b) to provide to the Secretary information in relation to the financial viability of the operator;

(C) to provide specified information or assistance to students covered by the arrangement.

41(3)
Subsection (2) does not limit the requirements that may be set out under subsection (1).