VET Student Loans Act 2016

PART 1 - PRELIMINARY  

SECTION 6  

6   DEFINITIONS  

In this Act:

accumulated VETSL debt
: see subsection 23CC(1) .

affected part
, of an original course, means a part of the course that a student was enrolled in when an approved course provider defaulted in relation to the student.

approved course
: see section 13 .

approved course provider
: see section 24 .

approved external dispute resolution scheme
: see section 42B .

approved external dispute resolution scheme operator
: see paragraph 42B(c) .

approved form
has the meaning given by section 388-50 in Schedule 1 to the Taxation Administration Act 1953 .

approved tuition assurance arrangement
(Repealed by No 111 of 2019)

assessed worldwide income
has the same meaning as in the Higher Education Support Act 2003 .

Australian Privacy Principles
has the same meaning as in the Privacy Act 1988 .

Australian Qualifications Framework
means the framework for recognition and endorsement of qualifications:

(a) that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and

(b) that is to give effect to agreed standards in relation to the provision of education in Australia;

as in force from time to time.

Note:

The Australian Qualifications Framework could in 2016 be viewed on the Australian Qualifications Framework website (http://www.aqf.edu.au).

census day
: see subsection 58(3) .

civil penalty provision
has the same meaning as in the Regulatory Powers Act.

cold-calling
: see subsections 62(2) and (3) .

commence
, in relation to winding up a body corporate, has the same meaning as in the Corporations Act 2001 .

Commissioner
means the Commissioner of Taxation.

Commonwealth officer
has the same meaning as in the Higher Education Support Act 2003 .

compliance audit
: see subsection 45(2).

compliance notice
: see subsection 43(3) .

compulsory VETSL repayment amount
means an amount that:

(a) is required to be paid in respect of an accumulated VETSL debt under section 23EA or 23EC ; and

(b) is included in a notice of an assessment made under section 23EE .

course
means a course of study.

course provider
means a person who provides, or offers to provide, a course of study.

courses and loan caps determination
: see subsection 16(2) .

covered fees
: see subsection 56(3) .

decision maker
: see paragraph 74(b) .

decision notice
: see subsection 36(4) .

default
: see section 66B .

Departmental investigator
: see subsection 88(1) .

dependent child
means a person who is aged under 18 and does not have a spouse or de facto partner.

Education Minister
means the Minister who administers the Education Services for Overseas Students Act 2000 .

electronic communication
has the same meaning as in the Electronic Transactions Act 1999 .

eligible student
: see section 9 .

executive officer
, of an approved course provider, means a person (whether or not a director of the provider) who is concerned in, or takes part in, the management of the provider.

FEE-HELP balance
(Repealed by No 76 of 2018)

foreign resident
has the same meaning as in the Income Tax Assessment Act 1997 .

former accumulated VETSL debt
: see subsection 23CB(1) .

genuine student
has a meaning affected by any rules made for the purposes of this definition.

HELP balance
has the same meaning as in the Higher Education Support Act 2003 .

income tax
has the same meaning as in the Income Tax Assessment Act 1997 .

income year
has the same meaning as in the Income Tax Assessment Act 1997 .

intention notice
: see subsection 36(2) .

judicial officer
means:

(a) a magistrate; or

(b) a Judge of a court of a State or Territory; or

(c) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or

(d) a Judge of the Federal Court of Australia.

listed course provider
: see subsection 27(2) .

loan amount
means all or a part of a VET student loan.

Medicare levy
means Medicare levy imposed by the Medicare Levy Act 1986 .

member
of an approved external dispute resolution scheme that is Part IIE of the Ombudsman Act 1976 (which establishes the VET Student Loans Ombudsman): see section 42BA of this Act.

minimum repayment income
has the same meaning as in the Higher Education Support Act 2003 .

National VET Regulator
has the same meaning as in the National Vocational Education and Training Regulator Act 2011 .

NVETR Commissioner
(Repealed by No 77 of 2020)

NVETR investigator
: see subsection 88(2) .

NVETR staff member
means a member of the staff of the Regulator (within the meaning of the National Vocational Education and Training Regulator Act 2011 ).

officer of a tuition assurance scheme operator
(Repealed by No 111 of 2019)

officer of an approved course provider
means:

(a) an officer or employee of an approved course provider; or

(b) a person who performs services for or on behalf of an approved course provider.

officer of an approved external dispute resolution scheme operator
means:

(a) an officer or employee of an approved external dispute resolution scheme operator; or

(b) if the VET Student Loans Ombudsman is an approved external dispute resolution scheme operator - the VET Student Loans Ombudsman or a member of the staff of the VET Student Loans Ombudsman (see Part IIE of the Ombudsman Act 1976 ); or

(c) in any case - a person who performs services for or on behalf of an approved external dispute resolution operator.

officer of a Tertiary Admission Centre
has the same meaning as in the Higher Education Support Act 2003 .

ongoing information requirements
: see subsection 52(1) .

original course
means an approved course in relation to which an approved course provider has defaulted.

Pacific engagement visa
: see subsection 11(1B) .

permanent humanitarian visa
: see subsection 11(1A) .

permitted purpose
: see subsection 95(1) .

personal information
has the same meaning as in the Privacy Act 1988 .

provider fee limit
: see subsection 34(3) .

qualifying New Zealand citizen
: see subsection 11(2) .

registered training organisation
has the same meaning as in the National Vocational Education and Training Regulator Act 2011 .

Regulatory Powers Act
means the Regulatory Powers (Standard Provisions) Act 2014 .

repayable VETSL debt
: see subsection 23EB(1) .

repayment income
has the same meaning as in the Higher Education Support Act 2003 .

replacement component
means a part of a replacement course that replaces an affected part of an original course.

replacement course
means an approved course that enables a student to finish:

(a) an original course; or

(b) a course that is equivalent to an original course.

responsible parent
has the same meaning as in the Australian Citizenship Act 2007 .

return
means an income tax return within the meaning of subsection 995-1(1) of the Income Tax Assessment Act 1997 .

reviewable decision
: see paragraph 74(a) .

rules
means the rules made under section 116 .

Secretary
means the Secretary of the Department.

special category visa
has the same meaning as in the Migration Act 1958 .

special circumstances
: see subsection 68(3) .

student
includes a prospective student.

student entry procedure
means a course provider ' s procedure to ensure that a student is academically suited to undertake a course.

student identifier
has the same meaning as in the Student Identifiers Act 2014 .

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 .

taxable income
has the same meaning as in the Income Tax Assessment Act 1997 .

tax file number
has the same meaning as in the Income Tax Assessment Act 1936 .

TEQSA
means the body established by section 132 of the Tertiary Education Quality and Standards Agency Act 2011 .

this Act
includes:

(a) the rules; and

(b) any other instrument made under this Act; and

(c) the Higher Education Support Act 2003 to the extent that it relates to this Act; and

(d) any instrument made under the Higher Education Support Act 2003 to the extent that the instrument relates to this Act.

tuition assurance arrangement
(Repealed by No 111 of 2019)

tuition assurance scheme operator
(Repealed by No 111 of 2019)

unacceptable conduct
: see subsection 71(2) .

VET information
means information obtained or created for the purposes of this Act.

VET officer
means:

(a) a Commonwealth officer; or

(b) an officer of a Tertiary Admission Centre; or

(c) an officer of an approved course provider; or

(e) an officer of an approved external dispute resolution scheme operator.

VET Regulator
has the same meaning as in the National Vocational Education and Training Regulator Act 2011 .

VETSL debt
: see subsection 23BA(1) .

VET student loan
: see subsection 7(2) .

VET student loan debt
(Repealed by No 116 of 2018)

voluntary repayment
means a payment made to the Commissioner in discharge of an accumulated VETSL debt or a VETSL debt. It does not include a payment made in discharge of a compulsory VETSL repayment amount.

VSL Tuition Protection Director
means the person referred to in section 66M .

VSL Tuition Protection Fund
means the VSL Tuition Protection Fund established by section 66J .

VSL Tuition Protection Fund Advisory Board
means the VSL Tuition Protection Fund Advisory Board established by section 66Q .

VSL tuition protection levy
means levy imposed by the VET Student Loans (VSL Tuition Protection Levy) Act 2019 .