Higher Education Support Act 2003

S 137-19(1) substituted by No 116 of 2018, s 3 and Sch 1 item 7, effective 1 July 2019. S 137-19(1) formerly read:

Incurring VET student loan debts

137-19(1)
A person incurs a debt to the Commonwealth if, under the VET Student Loans Act 2016 , the Secretary:

(a) approves a *VET student loan for the person; and

(b) uses an amount (the loan amount ) covered by the VET student loan to pay tuition fees for the person for a course.

The debt is a VET student loan debt .

S 137-19(2) repealed by No 116 of 2018, s 3 and Sch 1 item 7, effective 1 July 2019. S 137-19(2) formerly read:

Incurring VET student loan debts

137-19(2)
The amount of the *VET student loan debt is:

(a) 120% of the loan amount; or

(b) if the rules made under the VET Students Loans Act 2016 specify a lesser percentage of the loan amount for the person - that lesser percentage of the loan amount.

Note:

For specification by class, see subsection 13(3) of the Legislation Act 2003 .

S 137-19(3) repealed by No 116 of 2018, s 3 and Sch 1 item 7, effective 1 July 2019. S 137-19(3) formerly read:

When VET student loan debts are incurred

137-19(3)
A *VET student loan debt is incurred on the day that the Secretary pays the loan amount.

S 137-19(4) amended by No 116 of 2018, s 3 and Sch 1 item 25A, by inserting the note, effective 1 January 2020.

S 137-19(4) amended by No 76 of 2018, s 3 and Sch 3 item 61, by substituting " *HELP balance " for " *FEE-HELP balance " , effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.

S 137-19(4) amended by No 116 of 2018, s 3 and Sch 1 item 9, by substituting " *pre-1 July 2019 VSL debt, in relation to a loan amount (within the meaning of this section as in force at the time the debt was incurred), " for " *VET student loan debt in relation to a loan amount " , effective 1 July 2019.

S 137-19 inserted by No 100 of 2016, s 3 and Sch 1 item 7, effective 1 January 2017. No 100 of 2016, s 3 and Sch 2 items 1 - 11 contain the following transitional provision:

Schedule 2 - Transitional provisions

1 Definitions  
1
In this Schedule:

loan amount
has the same meaning as in the VET Student Loans Act 2016 .

provider transition period
means the period:

(a) beginning on 1 January 2017; and

(b) ending on 30 June 2017 or a later date determined by the Minister under item 8.

Secretary
means the Secretary of the Department.

Table A provider
has the same meaning as in the Higher Education Support Act 2003 .

Table B provider
has the same meaning as in the Higher Education Support Act 2003 .

VET provider
has the same meaning as in the Higher Education Support Act 2003 .

2 Bodies taken to be approved course providers on 1 January 2017  
(1)
Each of the following bodies is taken to be approved by the Secretary, under Division 1 of Part 4 of the VET Student Loans Act 2016 , as an approved course provider on 1 January 2017 if, immediately before 1 January 2017, the body is a VET provider:

(a) a Table A provider;

(b) a Table B provider;

(c) a body established to provide vocational education or training under one of the following:

(i) the Technical and Further Education Commission Act 1990 (NSW);

(ii) the Education and Training Reform Act 2006 (Vic.);

(iii) the TAFE Queensland Act 2013 (Qld);

(iv) the Vocational Education and Training Act 1996 (WA);

(v) the TAFE SA Act 2012 (SA);

(vi) the Training and Workforce Development Act 2013 (Tas.);

(vii) the Canberra Institute of Technology Act 1987 (ACT);

(d) a training organisation owned by the Commonwealth, a State or a Territory.

(2)
A body is taken to be approved by the Secretary, under Division 1 of Part 4 of the VET Student Loans Act 2016 , as an approved course provider on 1 January 2017 if:

(a) before 1 January 2017:

(i) the body applies to the Secretary; and

(ii) the Secretary decides that the body is suitable for being an approved course provider during the provider transition period; and

(b) immediately before 1 January 2017, the body is a VET provider.

(3)
For the purposes of subparagraph (2)(a)(i), the application must be in the form approved by the Secretary.

(4)
For the purposes of subparagraph (2)(a)(ii), the Secretary may decide that a body is suitable if the Secretary is satisfied that the body:

(a) meets the requirements determined by the Minister under item 3; and

(b) is not excluded because of circumstances determined by the Minister under item 4.

(5)
If a body applies to the Secretary under subparagraph (2)(a)(i), the Secretary must give the body written notice of the Secretary ' s decision as to whether the body is suitable.
3 Minister may determine suitability requirements  
(1)
The Minister may, by legislative instrument, determine requirements for the purposes of ensuring that course providers to whom loan amounts are paid during the provider transition period are suitable.

(2)
The requirements may deal with the following in relation to a course provider:

(a) financial performance;

(b) management and governance;

(c) experience in providing vocational education;

(d) scope of courses;

(e) fees and modes of delivery for courses;

(f) student outcomes;

(g) industry links.

(3)
Subitem (2) does not limit the requirements the Minister may determine.
4 Minister may determine circumstances in which body is excluded  
(1)
The Minister may, by legislative instrument, determine circumstances in which a body is excluded from being an approved course provider during the provider transition period.

(2)
Without limiting subitem (1), the circumstances may relate to:

(a) the past compliance of the body or its officers or agents with the Higher Education Support Act 2003 , another law of the Commonwealth or a law of a State or Territory; or

(b) action taken under the Higher Education Support Act 2003 , another law of the Commonwealth or a law of a State or Territory in relation to the body or its officers or agents.
5 Period of approval  
(1)
An approval as an approved course provider under subitem 2(1) is for a period of 7 years beginning on 1 January 2017.

(2)
An approval as an approved course provider under subitem 2(2) is for the provider transition period.

(3)
Section 33 of the VET Student Loans Act 2016 does not apply to an approval under subitem 2(2).
6 Conditions of approval  
6
An approval as an approved course provider under item 2 is subject to the same conditions (if any) that the body ' s approval as a VET provider is subject to immediately before 1 January 2017. 7 Approval may be revoked or suspended  
(1)
After the commencement of the VET Student Loans Act 2016 , an approval as an approved course provider under item 2 may be revoked or suspended under that Act.

(2)
If, at any time during the provider transition period, a body approved under subitem 2(2) ceases to be a VET provider, the approval is revoked.
8 Minister may extend provider transition period  
(1)
The Minister may, by legislative instrument, determine a date after 30 June 2017 as the end of the provider transition period.

(2)
The Minister must not make a legislative instrument under subitem (1) on or after 30 June 2017.
9 Approval under VET Student Loans Act 2016 not to commence before 1 July 2017  
(1)
The period of an approval as an approved course provider under Division 1 of Part 4 of the VET Student Loans Act 2016 must not begin before 1 July 2017.

(2)
To avoid doubt, subitem (1) does not apply to an approval that is taken to have been given under item 2.
10 Delegation by Secretary  
(1)
The Secretary may, in writing, delegate his or her powers under this Schedule to an SES employee, or an acting SES employee, in the Department.

(2)
In exercising powers under the delegation, the delegate must comply with any directions of the Secretary.
11 Regulations about transitional matters  
(1)
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) in relation to:

(a) the amendments made by Schedule 1 to this Act; or

(b) the enactment of this Act or the VET Student Loans Act 2016 .

(2)
Without limiting subitem (1), regulations made for the purposes of that subitem may do any of the following:

(a) modify the operation of provisions of the VET Student Loans Act 2016 ;

(b) modify the operation of provisions of any Act or instrument to the extent that it is included in the definition of this Act in the VET Student Loans Act 2016 ;

(c) modify the operation of this Act.

(3)
Provisions modified by the regulations have effect as if they were so modified.

(4)
However, the regulations must not modify the operation of an Act, or continue to modify the operation of an Act, after 31 December 2017.