Higher Education Support Act 2003

Pt 5-4 heading substituted by No 6 of 2012, s 3 and Sch 1 item 8, applicable in relation to information whether it was obtained or created before, on or after 7 March 2012. The heading formerly read:

PART 5-4 - Protection of personal information

Div 180 heading substituted by No 23 of 2013, s 3 and Sch 5 item 2, effective 29 March 2013. The heading formerly read:

Division 180 - Other rules about information

Div 180 substituted by No 156 of 2012, s 3 and Sch 3 item 2, applicable to information obtained or created before, on or after 18 November 2012. Div 180 formerly read:

Division 180 - Other rules about information

SECTION 180-1 Authorisation of certain uses and disclosures of information  
Information this section applies to

180-1(1)
This section applies to information that:

(a) is *personal information obtained in connection with an application under section 16-40 (which is about applications for approval of bodies as higher education providers); or

(b) is information that:

(i) is obtained by a *Commonwealth officer for the purposes of Chapter 2 or 3 ; and

(ii) is not personal information.

Use of information

180-1(2)
A *Commonwealth officer may use the information in the course of his or her *official employment.

Disclosure to TEQSA and National VET Regulator

180-1(3)
The *Secretary may:

(a) disclose the information to *TEQSA for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, the *TEQSA Act; and

(b) disclose the information to the *National VET Regulator for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, the National Vocational Education and Training Regulator Act 2011 .

This section does not limit use or disclosure

180-1(4)
This section does not limit the use or disclosure of the information.

Div 180 inserted by No 6 of 2012, s 3 and Sch 1 item 11, applicable in relation to information whether it was obtained or created before, on or after 7 March 2012.

S 180-28(6) amended by No 116 of 2018, s 3 and Sch 1 item 10, by inserting " , or under the VET Student Loans Act 2016 , " in para (c), effective 1 July 2019.

S 180-28(6) amended by No 100 of 2016, s 3 and Sch 1 item 24, by inserting " or the VET Student Loans Act 2016 " , effective 1 January 2017. For transitional provision, see note under s 137-19 .

S 180-28(9) inserted by No 100 of 2016, s 3 and Sch 1 item 25, effective 1 January 2017. For transitional provision, see note under s 137-19 .

S 180-28 inserted by No 74 of 2016, s 3 and Sch 2 item 2, effective 24 November 2016. No 74 of 2016, s 3 and Sch 2 items 21 - 23 contain the following transitional provisions:

21 Transitional provision - tax file numbers of students of VET courses  
(1)
This item applies in relation to a student who met the tax file number requirements for assistance under Part 2 of Schedule 1A to the Higher Education Support Act 2003 in relation to a VET course of study.

(2)
The Secretary may require the Commissioner to provide a Commonwealth officer with the student ' s tax file number for the purposes of:

(a) Division 5A of Part 1 , or Part 2 , of Schedule 1A to that Act; or

(b) Chapter 4 of that Act, to the extent that it relates to Schedule 1A to that Act.

Note:

When obtained by the Commonwealth officer, the student ' s tax file number becomes VET personal information (see clause 72 of Schedule 1A to that Act).

(3)
The Commissioner has the general administration of this item.

Note:

One effect of this is that this item is a taxation law for the purposes of the Taxation Administration Act 1953 .

(4)
Despite subsection 13.3(3) of the Criminal Code , in a prosecution for an offence against an Act of which the Commissioner has the general administration, the defendant does not bear an evidential burden in relation to whether this item applies to a communication of VET personal information.
22 Transitional provision - tax file numbers of students of higher education courses  
(1)
This item applies in relation to a student who, immediately before the commencement of Schedule 3 to the Education Legislation Amendment (Overseas Debt Recovery) Act 2015 , met the tax file number requirements for assistance under Chapter 3 of the Higher Education Support Act 2003 in relation to a course of study.

(2)
The Secretary may require the Commissioner to provide a Commonwealth officer with the student ' s tax file number for the purposes of Chapter 2 , or Chapters 3 and 4 , of the Higher Education Support Act 2003 .

Note:

When obtained by the Commonwealth officer, the student ' s tax file number becomes personal information (see section 179-5 of that Act).

(3)
The Commissioner has the general administration of this item.

Note:

One effect of this is that this item is a taxation law for the purposes of the Taxation Administration Act 1953 .

(4)
Despite subsection 13.3(3) of the Criminal Code , in a prosecution for an offence against an Act of which the Commissioner has the general administration, the defendant does not bear an evidential burden in relation to whether this item applies to a communication of personal information.
23 Delegation  
(1)
The Secretary may, in writing, delegate to an APS employee all or any of the powers of the Secretary under item 21 or 22.

(2)
In exercising powers under the delegation, the delegate must comply with any directions of the Secretary.