PART 5A
-
TUITION PROTECTION
History
Pt 5A inserted by No 111 of 2019, s 3 and Sch 1 item 20, effective 1 January 2020. No 111 of 2019, s 3 and Sch 1 item 42 contain the following application and transitional provisions:
42 Application and transitional provisions
(1)
The amendments of section
25
of the
VET Student Loans Act 2016
made by this Part apply in relation to applications for approval made:
(a)
after the commencement of this Part; or
(b)
before the commencement of this Part, if the application had not been decided before that commencement.
(2)
If, before the commencement of this Part, a course was not delivered to completion by a provider, then the
VET Student Loans Act 2016
and any instruments in force under the Act immediately before that commencement continue to apply, after that commencement, in relation to the provider as if the amendments and repeals made by this Part had not happened.
(3)
The amendments of sections
46
and
48
of the
VET Student Loans Act 2016
made by this Part apply in relation to an approved course provider after the commencement of this Part, regardless of when the provider was approved.
(4)
Section
49A
, subparagraph
52(2)(b)(x)
and Part
5A
of the
VET Student Loans Act 2016
, as inserted by this Part, apply in relation to an approved course provider after the commencement of this Part, regardless of when the provider was approved.
Division 2
-
Obligations when a provider defaults in relation to a student
History
Div 2 inserted by No 111 of 2019, s 3 and Sch 1 item 20, effective 1 January 2020. For application and transitional provisions, see note under Part
5A
heading.
SECTION 66H
OBLIGATIONS WHERE THERE IS NO REPLACEMENT COURSE
66H(1)
This section applies if:
(a)
an approved course provider defaults in relation to a student; and
(b)
the VSL Tuition Protection Director decides, under paragraph 66E(1)(b), that the Director is not satisfied that there is a suitable replacement course for the student.
66H(2)
The VSL Tuition Protection Director must give a written notice to the Secretary of that fact.
66H(3)
The VSL Tuition Protection Director must give a written notice to the provider:
(a)
stating that an amount equal to the loan amount that has been used to pay tuition fees for the student for the affected part:
(i)
will be re-credited to the student
'
s HELP balance; and
(ii)
will be required to be paid by the provider to the Commonwealth; and
(b)
inviting the provider to make written submissions to the Director about the amount of the re-credit within 28 days.
Note:
The amount is re-credited by the Secretary under section
72A
. The Secretary must consider submissions before re-crediting a student
'
s HELP balance.
History
S 66H inserted by No 111 of 2019, s 3 and Sch 1 item 20, effective 1 January 2020. For application and transitional provisions, see note under Part
5A
heading.