VET Student Loans (Consequential Amendments and Transitional Provisions) Act 2016 (100 of 2016)

Schedule 1   Consequential amendments

Part 1   Main amendments

Higher Education Support Act 2003

20   At the end of clause 43 of Schedule 1A

Add:

(3) A student is not entitled to *VET FEE-HELP assistance for a *VET unit of study if:

(a) the *census date for the unit is on or after 1 January 2017; or

(b) if the student is covered by subclause (4) - the census date for the unit is on or after:

(i) unless subparagraph (ii) applies - 1 January 2018; or

(ii) if the Minister is satisfied that exceptional circumstances justify continued entitlement to VET FEE-HELP assistance for the student - a day determined in writing by the Minister.

(4) A student is covered by this subclause if:

(a) immediately before 1 January 2017, the student was enrolled in the *VET course of study of which the *VET unit of study forms a part; and

(b) the unit is provided:

(i) by the *VET provider with whom the student was enrolled immediately before 1 January 2017; or

(ii) in compliance with the *VET tuition assurance requirements as they apply in relation to the provider; and

(c) before 1 January 2017, the student received *VET FEE-HELP assistance for another unit that formed a part of the course; and

(d) the Secretary is satisfied that, at all times from the commencement of this paragraph, the student has been a genuine student (within the meaning of the VET Student Loans Act 2016).

(5) A student is not entitled to *VET FEE-HELP assistance for a *VET unit of study if a *VET student loan has been approved for the student for the *VET course of study of which the unit forms a part.

(6) The *VET Guidelines may specify matters to which the Minister must or may have regard in deciding for the purposes of subparagraph (3)(b)(ii) whether exceptional circumstances justify continued entitlement to *VET FEE-HELP assistance for the student.

(7) A determination under subparagraph (3)(b)(ii) is not a legislative instrument.