VET Student Loans Act 2016 (Cth)

VET Student Loans Act 2016

No. 98, 2016

Compilation No. 13

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the VET Student Loans Act 2016 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Act binds the Crown 4 Objects 5 Simplified outline of this Act 6 Definitions Part 2—Loans to students Division 1—Secretary may approve loans 7 Secretary may approve loans 8 Amount of loan Division 2—Eligible students 9 Eligible students 10 Enrolment and loan application 11 Citizenship and residency 12 Academic suitability Division 3—Approved courses 13 Approved courses 14 Kinds of courses 15 Provision and delivery 16 The courses and loan caps determination Division 4—Applications for loans 17 Applications for loans 18 Decisions about loans Part 3—Paying and repaying loan amounts Division 1—Paying loan amounts 19 Loan must be used to pay tuition fees 20 When Secretary is not required to pay loan amount 21 Notice about payment of loan amount Division 2—Repaying loan amounts 22 When course provider must repay loan amount Part 3A—VETSL debts Division 1—Simplified outline of this Part 23AA Simplified outline of this Part Division 2—VETSL debts 23BA VETSL debt 23BB VETSL debt discharged by death 23BC Notice to Commissioner Division 3—Accumulated VETSL debts 23CA Simplified outline of this Division 23CB Stage 1—working out a former accumulated VETSL debt 23CC Stage 2—working out an accumulated VETSL debt 23CD Rounding of amounts 23CE Accumulated VETSL debt discharges earlier debts 23CF Accumulated VETSL debt discharged by death Division 4—Voluntary discharge of debt 23DA Voluntary repayments 23DB Application of voluntary repayments 23DC Refunding of payments Division 5—Compulsory discharge of debt Subdivision A—Compulsory repayments 23EA Compulsory repayments 23EB Repayable VETSL debt for an income year Subdivision B—Levy for overseas debtors 23EC Liability of overseas debtors to repay amounts 23ED Notices to be given to the Commissioner Subdivision C—Assessments 23EE Commissioner may make assessments 23EF Notification of notices of assessment of tax 23EG Commissioner may defer making assessments 23EH Commissioner may amend assessments Division 6—Application of tax legislation 23FA Returns, assessments, collection and recovery 23FB Charges and civil penalties for failing to meet obligations 23FC Pay as you go (PAYG) withholding 23FD Pay as you go (PAYG) instalments 23FE Failures to comply with section 23ED 23FF Extent of Commissioner's general administration of this Act Part 4—Approved course providers Division 1—Approving course providers 24 Meaning of approved course provider 25 Secretary may approve a body 26 Provider suitability requirements 27 Listed course providers may be taken to meet requirements 28 Application for approval 29 Period of approval 30 Decisions about approval 31 Fees for applications 32 When Secretary is not required to consider application 33 Period of approval extends to cover decision on re‑approval Division 2—Conditions of approval 34 Secretary may impose conditions Division 3—Revoking and suspending approvals 35 Automatic revocation on winding up 35A Automatic revocation if body ceases to be a registered training organisation 36 Secretary may revoke or suspend approval 37 Immediate suspension in certain circumstances 38 Secretary must revoke approval on provider request 39 Secretary to notify relevant VET Regulator and VSL Tuition Protection Director if approval is revoked or suspended Division 4A—External dispute resolution 42A Minister may specify external dispute resolution scheme 42B Meaning of approved external dispute resolution scheme 42BA External dispute resolution scheme—VET Student Loans Ombudsman 42C Approved course provider must comply Division 5—Ensuring compliance 43 Compliance notices 44 Varying and revoking compliance notices 45 Compliance audits 46 Approved course provider must cooperate Part 5—Other requirements for approved course providers Division 1—General 47 Conditions of approval and course provider requirements 48 Provider must have certain processes and procedures 49 Provider must not use broker or agent 49A VSL tuition protection levy Division 2—Information 50 Information for students 51 Retaining information and documents 52 Ongoing information requirements 53 Secretary may request information 54 Dealing with personal information Division 3—Fees 55 Determining tuition fees 56 Student not liable for covered fees 57 Publishing tuition fees Division 4—Census days 58 Determining and publishing census days 59 No penalty for cancelling enrolment before census day Division 5—Marketing 60 Misrepresenting VET student loans 61 Offering certain inducements 62 Engaging in cold‑calling 63 Use of third party contact lists 64 Other marketing requirements Division 6—Personal liability for executive officers 65 Personal liability for executive officers 66 Reasonable steps to prevent offence or contravention Part 5A—Tuition protection Division 1—Preliminary 66A Application of this Part 66B When an approved course provider defaults in relation to a student Division 2—Obligations when a provider defaults in relation to a student 66C Approved course providers must give notice of default to VSL Tuition Protection Director 66D Approved course providers must give notice of default to affected students 66E Student placement service 66F Obligations of providers to provide information about replacement courses 66G Obligations of replacement provider 66H Obligations where there is no replacement course Part 5B—VSL Tuition Protection Fund, VSL Tuition Protection Director and VSL Tuition Protection Fund Advisory Board Division 1—VSL Tuition Protection Fund 66J Name of Fund 66K Credits to the VSL Tuition Protection Fund 66L Purposes of the VSL Tuition Protection Fund Division 2—VSL Tuition Protection Director 66M VSL Tuition Protection Director 66N Functions of the VSL Tuition Protection Director 66P Administrative provisions relating to the VSL Tuition Protection Director Division 3—VSL Tuition Protection Fund Advisory Board 66Q Establishment and membership 66R Function of the VSL Tuition Protection Fund Advisory Board 66S Administrative provisions relating to the VSL Tuition Protection Fund Advisory Board Part 6—Re‑crediting HELP balances Division 1—General 67 When HELP balance may be re‑credited Division 2—Re‑crediting by course provider 68 Special circumstances 70 Secretary may act in place of provider Division 3—Re‑crediting by Secretary other than on discharge of debt 71 When Secretary may re‑credit HELP balance 72 Student may apply for re‑crediting by Secretary 72A When Secretary must re‑credit HELP balance 73 Secretary must invite submissions before re‑crediting Division 4—Re‑crediting by Secretary on discharge of debt 73A When Secretary must re‑credit HELP balance—discharge of debt Part 7—Review of decisions Division 1—Reviewable decisions 74 Reviewable decisions 75 When applications are taken to be refused Division 2—Reconsideration of reviewable decisions 76 Application for reconsideration 77 Reconsideration without application 78 Reconsideration by delegates of the Secretary or Commissioner 78A Reconsideration by delegates of the VSL Tuition Protection Director 79 Approved course providers must have review officers 80 Review by the Administrative Review Tribunal Division 3—Reconsideration of other decisions 81 Reconsideration of other decisions Part 8—Regulatory powers 82 Monitoring powers 83 Investigation powers 84 Civil penalty provisions 85 Infringement notices 86 Enforceable undertakings 87 Injunctions 88 Appointment of investigators 89 Delegation of regulatory powers 90 Other enforcement action Part 9—Use of information Division 1—Authorised use and disclosure of information 91 Use and disclosure by Commonwealth officers 92 Use and disclosure by certain VET officers 93 Disclosure to certain agencies, bodies or persons 94 Disclosure for purposes of law enforcement 95 Disclosure to other bodies for permitted purposes 96 Disclosure of publicly available information 97 Commissioner may disclose VET information 98 This Division does not limit use or disclosure of VET information Division 2—Offences for misuse of personal information 99 VET officers 100 Use of personal information for other purposes 101 Unauthorised access to, or modification of, personal information Part 10—General provisions 102 Communicating electronically 103 Secretary may publish information 103A Secretary must publish information relating to operation of the VET student loans program 104 Secretary may require a person to provide information about compliance with this Act 104A VSL Tuition Protection Director may require a person to provide information about compliance with Part 5A 105 Secretary may use computer programs to make decisions 105A VSL Tuition Protection Director may use computer programs to make decisions 106 Giving false or misleading information 107 Verifying tax file numbers 108 Contravening offence and civil penalty provisions 109 Certain references to course provider include references to agent 110 Continuing application of Act to certain persons 111 No entitlement to future rights 112 Protection from civil actions 113 Compensation for acquisition of property 113A Review of operation of tuition protection 114 Delegations 115 Appropriation 115A Alternative constitutional basis 116 Rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history