Higher Education Support Amendment (VET FEE-HELP Reform) Act 2015

No. 168, 2015

Compilation No. 1

Compilation date: 11 December 2016

Includes amendments up to: Act No. 168, 2015

Registered: 20 December 2016

About this compilation

This compilation

This is a compilation of the Higher Education Support Amendment (VET FEE-HELP Reform) Act 2015 that shows the text of the law as amended and in force on 11 December 2016 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Short title 1

2 Commencement 1

3 Schedules 2

Schedule 1—VET FEE-HELP Reform amendments 3

Part 1—Main amendments 3

Higher Education Support Act 2003 3

Part 2—Civil penalties and enforcement 26

Higher Education Support Act 2003 26

Endnotes 42

Endnote 1—About the endnotes 42

Endnote 2—Abbreviation key 44

Endnote 3—Legislation history 45

Endnote 4—Amendment history 46

An Act to amend the law relating to higher education, and for related purposes

1 Short title

This Act may be cited as the Higher Education Support Amendment (VET FEE-HELP Reform) Act 2015.

2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information	Commencement information	Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	11 December 2015
2. Schedule 1	Immediately before 1 January 2016.	31 December 2015
3. Schedule 2	Immediately after the start of a single day to be fixed by Proclamation. However, if the commencement of the provisions is not fixed by a Proclamation registered on the Federal Register of Legislative Instruments established under the Legislative Instruments Act 2003, within the period of 12 months beginning on the day this Act receives the Royal Assent, the provisions are repealed on the day after the end of that period.	Repealed on 11 December 2016

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

VET FEE-HELP Reform amendments

Higher Education Support Act 2003

1 Subsection 137-18(4)

Omit “clause 46, 47 or 51”, substitute “clause 46, 46A, 47 or 51”.

1A At the end of section 137-18

Add:

A person’s *VET FEE-HELP debt in relation to a *VET unit of study is taken to be remitted to the extent that the person’s *FEE-HELP balance is re-credited under clause 46B of Schedule 1A in relation to the unit.

2 Paragraph 6(1)(aa) of Schedule 1A

After “body corporate”, insert “that is not the trustee of a trust”.

3 Paragraph 6(1)(c) of Schedule 1A

Repeal the paragraph, substitute:

the body is a *registered training organisation, as listed on the *National Register, that has been a registered training organisation since at least 1 January 2011; and

the body has been offering:

at least one *qualifying VET course continuously since at least 1 January 2011; or

one or more series of qualifying VET courses since at least 1 January 2011, with each course in a series superseding the other without interruption; and

4 Paragraph 6(1)(g) of Schedule 1A

Omit “*VET Guidelines”, substitute “VET Guidelines”.

4A After paragraph 6(1A)(d) of Schedule 1A

Insert:

the body has been offering:

at least one *qualifying VET course continuously since at least 1 January 2011; or

one or more series of qualifying VET courses since at least 1 January 2011, with each course in a series superseding the other without interruption; and

4B After subclause 6(2) of Schedule 1A

Insert:

Note: These requirements could, for example, relate to the stability of the body’s ownership and management, its experience, its business relationships with particular kinds of educational institutions and its record in providing quality student outcomes.

For the purposes of (but without limiting) paragraph (1)(g) or (1A)(i), the requirements set out in the *VET Guidelines can include requirements relating to a body’s capacity to satisfactorily and sustainably provide *VET courses of study.

5 At the end of clause 9 of Schedule 1A

Add:

the body cannot make a subsequent application for approval as a VET provider during the 6-month period starting on the date of the notice given to the applicant under paragraph 11(1)(b) about the decision.

If:

a body applies to the Minister for approval as a *VET provider; and

the Minister decides, under clause 6, not to approve the body as a VET provider;

6 Paragraph 15(2)(b) of Schedule 1A

Repeal the paragraph, substitute:

must be provided with a report, on the statement, by:

the Auditor-General of a State, of the Australian Capital Territory or of the Northern Territory; or

(ii) a registered company auditor (Corporations Act 2001), who is independent of the *VET provider; orwithin the meaning of section 9 of the

iii

(iii) a person approved by the Minister under paragraph (d) of the definition of qualified auditor in subclause 1(1) of Schedule 1, who is independent of the VET provider; and

7 After clause 23A of Schedule 1A

Insert:

23B Entry procedure for students 1

A *VET provider must make and publish a *student entry procedure in accordance with the *VET Guidelines.

A *VET provider must comply with its *student entry procedure.

(3) A student entry procedure is a written procedure that specifies, in accordance with the *VET Guidelines:

when a student is academically suited to undertake a *VET course of study; and

how to assess whether a student is so suited; and

how to report to the *Secretary about the results of such assessments; and

how long the *VET provider must retain those results.

Note: The VET Guidelines could, for example, require a student entry procedure to:

A fee so charged must not be such as to amount to taxation.

set out the literacy, numeracy and general academic skills needed by a student to undertake a VET course of study; and

provide for assessments of those skills to be conducted online.

For the purposes of subclause (3), the *VET Guidelines may empower:

a person or body:

to decide whether to approve a particular tool for use when assessing whether a student is academically suited to undertake a *VET course of study; and

to charge a fee for making such a decision; and

a person or body to charge a fee for the use of a tool for such an assessment.

23C Receiving requests for Commonwealth assistance 1

A *VET provider must not treat a student as being entitled to *VET FEE-HELP assistance for a *VET unit of study if:

the student gives an *appropriate officer of the VET provider:

a *request for Commonwealth assistance relating to the unit or a *VET course of study of which the unit forms a part; or

a form that would be such a request if it were signed by a *responsible parent of the student; and

the student is not entitled to that assistance for that unit or course.

Note: To be a request for Commonwealth assistance, a responsible parent must sign the form if the student is under 18 years old and subclause 88(3A) applies (see paragraph 88(3)(aa)).

if the student has not already given an *appropriate officer of the VET provider such a request relating to the course.

Before a *VET provider enrols a student in a *VET unit of study less than 2 business days before the *census date for the unit, the VET provider must advise the student that the student will not be able to receive *VET FEE-HELP assistance for the unit.

Before a *VET provider enrols a student in a *VET unit of study, the VET provider must advise the student that any *request for Commonwealth assistance by the student in relation to the unit must be given:

at least 2 business days after the student enrols in:

if the *VET course of study of which the unit forms a part is undertaken with the provider—the course; or

otherwise—the unit; and

on or before the *census date for the unit;

A *VET provider must not encourage a student to give a *request for Commonwealth assistance relating to a *VET unit of study so that the request is given less than 2 business days after the student enrols in the unit.

7A Subclause 26(1) of Schedule 1A

Repeal the subclause, substitute:

The Minister may require a *VET provider to be audited:

about compliance with any or all of the following requirements:

the *VET financial viability requirements;

the *VET fairness requirements;

iii

the *VET compliance requirements;

the *VET fee requirements;

other requirements for VET quality and accountability set out in the *VET Guidelines; or

about any or all of the following matters relating to *VET courses of study provided by the VET provider:

the approaches used to recruit or enrol students (or potential students) of those courses who receive (or who could receive) *VET FEE-HELP assistance for *VET units of study forming part of those courses;

the veracity of enrolments in those courses of students who receive VET FEE-HELP assistance for VET units of study forming part of those courses;

iii

the level of teaching resources, or the quality of those resources, for any of those courses;

the level of engagement in any of those courses of students who receive VET FEE-HELP assistance for VET units of study forming part of those courses;

the completion rates for any of those courses of students who receive VET FEE-HELP assistance for VET units of study forming part of those courses.

8 Subclause 27(2) of Schedule 1A

Omit “*VET tuition fees”, substitute “VET tuition fees”.

8A Before subclause 36(1) of Schedule 1A

Insert:

Suspension pending revocation

8B At the end of clause 36 of Schedule 1A

Add:

Suspension for poor performance

The *Secretary may, in writing, suspend a body’s approval as a *VET provider if:

an audit of the body has been conducted about any or all of the matters in paragraph 26(1)(b); and

the audit identified one or more concerns; and

those concerns have yet to be resolved as described in paragraph (6)(b).

The suspension:

starts on the day of the decision under subclause (5); and

ends on the day (if any) that the *Secretary notifies the body, in writing, that the Secretary reasonably believes that those concerns have been satisfactorily resolved by the body in accordance with a plan agreed between the body and the Commonwealth.

Before making a decision under subclause (5), the *Secretary must give the body a notice in writing:

stating that the Secretary is considering making the decision; and

stating the reasons why the Secretary is considering making the decision; and

inviting the body to respond to the Secretary, in writing, within 14 days; and

informing the body that, if no response is received within the 14 day period, the Secretary may proceed to make the decision.

In deciding whether to make the decision under subclause (5), the *Secretary must consider any response received from the body within the 14 day period.

The *Secretary must give written notice of a decision under subclause (5) to the body. The notice must be given within 14 days after the day the decision was made.

8C Before subclause 37(1) of Schedule 1A

Insert:

Suspension pending revocation

8D Subclause 37(1) of Schedule 1A

Omit “clause 36 is of no effect for the purposes of”, substitute “subclause 36(1) is of no effect for purposes of or relating to”.

8E At the end of clause 37 of Schedule 1A

Add:

Suspension for poor performance—no impact on existing students

Note: One consequence of this subclause is that clauses 45E and 46B (which apply if the body’s VET FEE-HELP account is in deficit at the end of a calendar year) will continue to apply to the body during the suspension.

A suspension of a body’s approval as a *VET provider under subclause 36(5) is of no effect for purposes of or relating to assistance payable to the body’s students under Part 2 to the extent that the assistance relates to students of the body who have not completed the *VET courses of study in which they were enrolled with the body before the day the suspension starts (see paragraph 36(6)(a)).

8F Subclause 39(1) of Schedule 1A

Omit “may revoke”, substitute “must revoke”.

8G After subclause 39(2) of Schedule 1A

Insert:

continue to apply to the body as if the body were still approved as a VET provider.

The revocation is subject to the condition that, after the revocation:

clauses 45E and 46B continue to apply to the body as if the body were still approved as a *VET provider; and

other provisions of this Act, or the *VET Guidelines, that:

relate (directly or indirectly) to entitlements to *VET FEE-HELP assistance arising before the revocation; and

are specified in the notice of revocation under subclause (3) of this clause;

9 After paragraph 43(1)(e) of Schedule 1A

Insert:

the student meets the entry procedure requirements under clause 45B; and

10 Subparagraph 43(1)(f)(i) of Schedule 1A

Repeal the subparagraph, substitute:

enrols in the unit at least 2 business days before the census date for the unit; and

10A After paragraph 43(1)(f) of Schedule 1A

Insert:

in a case where the student is not already entitled to VET FEE-HELP assistance for another VET unit of study forming part of the course—the body with whom the student is enrolled is approved as a *VET provider:

for the day of the enrolment; or

if that day falls within a period when the body’s approval as a VET provider is suspended under subclause 36(5)—for a later day because that suspension has ended; and

10B Before paragraph 43(1)(g) of Schedule 1A

Insert:

if the VET provider was approved as a VET provider after 2015, the course is:

one of the *qualifying VET courses that enabled paragraph 6(1)(ca) or (1A)(da) to be satisfied for the purposes of that approval; or

a qualifying VET course that superseded such a course directly or indirectly without interruption; and

11 Paragraph 43(1)(h) of Schedule 1A

Repeal the paragraph, substitute:

the student meets the request for Commonwealth assistance requirements under clause 45C; and

11A Subclause 43(1) of Schedule 1A (note)

Repeal the note, substitute:

Note 1: For the purposes of paragraph (e), clause 45A affects whether a person undertakes a VET unit of study as part of a VET course of study.

Note 2: For the purposes of paragraph (fa), a body’s approval as a VET provider ceases while the approval is suspended (see clause 29). If this approval is suspended when the student first enrols in units forming part of the course, the student can only become entitled to VET FEE-HELP assistance when that suspension ends.

12 At the end of Subdivision 7-A of Schedule 1A

Add:

45B Entry procedure requirements

The entry procedure requirements for *VET FEE-HELP assistance for a *VET unit of study are that the student, in accordance with the *VET provider’s *student entry procedure, has been assessed as academically suited to undertake the *VET course of study of which the unit forms a part.

45C Request for Commonwealth assistance requirements 1

The request for Commonwealth assistance requirements for *VET FEE-HELP assistance for a *VET unit of study are that:

the student completes, signs and gives an *appropriate officer of the *VET provider a *request for Commonwealth assistance that:

if the *VET course of study of which the unit forms a part is undertaken with the provider—relates to the course, and is so given at least 2 business days after the student enrols in the course; or

otherwise—relates to the unit, and is so given at least 2 business days after the student enrols in the unit; and

the request is so given on or before the *census date for the unit; and

(ba) if the student enrols in the course after the day the Higher Education Support Amendment (VET FEE-HELP Reform) Act 2015 receives the Royal Assent—the student being entitled to the VET FEE-HELP assistance for the unit:

would not cause the VET provider’s *VET FEE-HELP account to be in deficit at the end of that census date (see subclause 45D(7)); and

would not cause or contribute to that account being in deficit at the end of 2016 or a later calendar year; and

the request is not withdrawn before the end of that census date.

If VET provider incorrectly treats student as being entitled

those paragraphs of this clause are taken to have been complied with.

Note 1: The VET provider should not treat the student as being entitled to VET FEE-HELP assistance:

Note 2: However, if the provider does treat the student as being entitled, the provider will contravene subclause 39DH(1) (a civil penalty provision), and the student may still be able to receive the assistance.

However, for the purposes of this Act (other than clause 39DH), if:

either or both of the following things happen:

the student fails to comply with paragraph (1)(a) of this clause by not giving the request at least 2 business days after the enrolment referred to in that paragraph;

paragraph (1)(ba) of this clause is not complied with; and

the *VET provider treats the student as being entitled to *VET FEE-HELP assistance for the unit;

if the student requests the assistance during the 2 business day cooling-off period after the enrolment; or

if being entitled would cause or contribute to the provider’s VET FEE-HELP account being in deficit.

45D Notional VET FEE-HELP accounts 1

(1) There is a notional VET FEE-HELP account for each *VET provider.

Note 1: The VET provider will need to monitor the balance of its account, as it will have to repay an amount to the Commonwealth if the account is in deficit at the end of 2016 or a later year.

Note 2: This account applies in relation to all students entitled to VET FEE-HELP assistance for VET units of study with census dates on or after 1 January 2016 (whether or not the student received VET FEE-HELP assistance for earlier units before that day). See subclause (7).

Credits to the VET provider’s VET FEE-HELP account

the Secretary may grant a credit, which arises on that day, that is equal to the amount considered appropriate under subparagraph (v).

where:

VET provider’s adjusted 2015 total loan amount means the sum of the amounts of *VET FEE-HELP assistance paid for students undertaking, with the *VET provider, *VET units of study that had *census dates during the period starting on 1 January 2015 and ending on 31 August 2015.

for *domestic students undertaking *qualifying VET courses in that period; and

Debits to the VET FEE-HELP account

The debit arises at the end of that census date, and is equal to the amount of that assistance.

A credit arises in the *VET provider’s *VET FEE-HELP account as follows:

if the VET provider is already a VET provider on 1 January 2015, a credit arises on the first day of each later calendar year that is equal to the amount worked out under subclause (3);

if the VET provider becomes a VET provider during 2015, a credit arises on the first day of each later calendar year that is equal to the amount worked out under subclause (4);

if the VET provider becomes a VET provider on a day after 2015, a credit arises on that day that is equal to the amount worked out under subclause (5);

if the VET provider pays on a particular day any part of any amount that becomes due under subclause 45E(2), a credit arises on that day that is equal to the amount of that payment;

if another body ceases to be a VET provider, a credit may arise:

in accordance with a determination under subclause (6) at the time of the cessation; and

that is equal to the amount worked out under that determination;

if the *Secretary, on application by the VET provider, is satisfied on a particular day that:

the VET provider is offering a VET course of study that confers skills in an identified area of national importance; and

the course is relevant for employment in a licensed occupation; and

iii

one or more students are unable to readily access training places in courses of this kind with any other VET provider; and

insufficient credits have arisen in the VET provider’s VET FEE-HELP account for an appropriate number of students to undertake the course with the VET provider; and

granting an extra credit of a particular amount is appropriate (which need not be the amount specified in the application);

For the purposes of paragraph (2)(a), the amount to be credited is the amount equal to:

For the purposes of paragraph (2)(b), the amount to be credited is the amount equal to the sum of:

the *VET provider’s fee revenue for the period:

starting on 1 January 2015; and

ending on the day before the VET provider was approved as a VET provider;

the sum of the amounts of *VET FEE-HELP assistance paid for students undertaking, with the VET provider, *VET units of study that had *census dates during 2015.

For the purposes of paragraph (2)(c), the amount to be credited is the amount equal to the *VET provider’s fee revenue for the 2015 calendar year for *domestic students undertaking in that year the *qualifying VET courses that enabled paragraph 6(1)(ca) or (1A)(da) to be satisfied for the purposes of the VET provider’s approval as a VET provider.

The Minister may, by legislative instrument, determine:

whether credits arise in the *VET FEE-HELP accounts of specified *VET providers when another body ceases to be a VET provider; and

the amounts of such credits.

A debit arises in the *VET provider’s *VET FEE-HELP account if a student is entitled to *VET FEE-HELP assistance for a *VET unit of study:

that is to be undertaken with the VET provider; and

that has a *census date on or after 1 January 2016.

45E Effect of VET FEE-HELP account being in deficit at the end of a calendar year 1

If:

a *VET provider’s *VET FEE-HELP account is in deficit at the end of a calendar year; and

the *Secretary gives the VET provider a written notice about the deficit;

the VET provider must pay to the Commonwealth an amount equal to the amount of the deficit (the excess loan amount).

Late payments of the excess loan amount attract the general interest charge

(2) The excess loan amount is due on the seventh day (the due day) after the day the notice is given.

(3) If some or all of the excess loan amount remains unpaid after the due day, the *VET provider must pay to the Commonwealth an amount (the general interest charge) relating to the unpaid amount for each day in the period that:

starts at the beginning of the day after the due day; and

ends at the end of the last day on which, at the end of the day, any of the following remains unpaid:

the excess loan amount;

general interest charge on any of the excess loan amount.

The general interest charge for a particular day is worked out by multiplying the *general interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

the general interest charge from previous days;

the excess loan amount.

The general interest charge for a day is due and payable to the Commonwealth at the end of that day.

The *Secretary may give written notice to the *VET provider of the amount of the general interest charge for a particular day or days. A notice given under this subclause is prima facie evidence of the matters stated in the notice.

The *Secretary may remit all or a part of the general interest charge payable by the *VET provider if the Secretary is satisfied:

that:

the circumstances that contributed to the delay in payment were not due to, or caused directly or indirectly by, an act or omission of the VET provider; and

the VET provider has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; or

that it is otherwise appropriate to do so.

An amount payable under this clause may be recovered by the Commonwealth from the *VET provider as a debt due to the Commonwealth.

13 Subclause 46(1) of Schedule 1A

Omit “clause 51”, substitute “clause 46A or 51”.

14 After clause 46 of Schedule 1A

Insert:

46A Re-crediting a person’s FEE-HELP balance—unacceptable conduct by provider or provider’s agent

Decision to re-credit due to unacceptable conduct

Note: A VET FEE-HELP debt relating to a VET unit of study will be remitted if the FEE-HELP balance in relation to the unit is re-credited: see section 137-18.

paragraph (1)(c) applies as if the form were the person’s request for Commonwealth assistance relating to the unit.

Note: To be a request for Commonwealth assistance, a responsible parent must sign the form if the student is under 18 years old and subclause 88(3A) applies (see paragraph 88(3)(aa)).

Inviting submissions before making a decision

Notice of a decision

The *Secretary must re-credit a person’s *FEE-HELP balance with an amount equal to the amounts of *VET FEE-HELP assistance that the person received for a *VET unit of study if the Secretary is satisfied that:

the person has been enrolled in the unit with a *VET provider; and

the person has not completed the requirements for the unit during the period the person undertook, or was to undertake, the unit; and

circumstances exist, of a kind specified in the *VET Guidelines for the purposes of this paragraph, involving unacceptable conduct by the VET provider (or an agent of the VET provider) relating to the person’s *request for Commonwealth assistance relating to:

the unit; or

the *VET course of study of which the unit forms a part; and

the person has applied in writing to the Secretary for re-crediting of the FEE-HELP balance under this subclause; and

the application is in the form approved by the Secretary, and is accompanied by such information as the Secretary requests; and

either:

the application was made during the first 3 years after the period during which the person undertook, or was to undertake, the unit; or

it would not be, or was not, possible for the application to be made during those 3 years.

If:

the person received the *VET FEE-HELP assistance as a result of giving an *appropriate officer of the *VET provider a form; and

the form would have been a *request for Commonwealth assistance relating to the unit if it had been signed by a *responsible parent of the person;

Before making a decision under subclause (1), the *Secretary must give the applicant and the *VET provider a notice in writing:

stating that the Secretary is considering making the decision; and

describing the decision and stating the reasons why the Secretary is considering making it; and

inviting the applicant and the VET provider to each make written submissions to the Secretary within 28 days on either or both of the following matters:

why that decision should not be made;

if that decision would re-credit the applicant’s *FEE-HELP balance with a particular amount—why that amount should be changed; and

informing the applicant and the VET provider that, if no submissions are received within the 28 day period, the Secretary may proceed to make the decision.

In deciding whether to make the decision under subclause (1), the *Secretary must consider any submissions received from the applicant, and from the *VET provider, within the 28 day period.

The *Secretary must give written notice of a decision under subclause (1) to the applicant and the *VET provider. The notice must be given within 28 days after the day the decision was made.

14A Before clause 47 of Schedule 1A

Insert:

46B Re-crediting a person’s FEE-HELP balance—VET FEE-HELP account in deficit at the end of a calendar year

Main case

Note: A corresponding amount of the student’s VET FEE-HELP debt relating to the unit will be remitted (see section 137-18).

If not all of the deficit can be re-credited under subclauses (1) and (3)

where:

student’s percentage of the total assistance means the percentage equal to the percentage that the student’s *VET FEE-HELP assistance referred to in paragraph (1)(a) is of the total VET FEE-HELP assistance received by students of the *VET provider in the calendar year for *VET units of study undertaken with the VET provider.

A *VET provider must, on the *Secretary’s behalf, re-credit a student’s *FEE-HELP balance with an amount if:

the student receives *VET FEE-HELP assistance in a calendar year for a *VET unit of study undertaken with the VET provider; and

under subclause 45E(1), the Secretary notifies the VET provider that the VET provider’s *VET FEE-HELP account was in deficit at the end of the calendar year; and

the VET provider reasonably believes that some or all of that assistance caused or contributed to the deficit.

The amount to be re-credited is equal to so much of that assistance as the *VET provider reasonably believes caused or contributed to the deficit.

The *Secretary may re-credit the student’s *FEE-HELP balance under this subclause if:

the *VET provider is unable to do so under subclauses (1) and (2); and

the Secretary knows how much of that assistance that the VET provider reasonably believes caused or contributed to the deficit.

If the deficit exceeds the total amount able to be re-credited under subclauses (1) and (3) for all of the *VET provider’s students who received *VET FEE-HELP assistance in the calendar year for *VET units of study undertaken with the VET provider, the *Secretary may re-credit the *FEE-HELP balance of each of those students with the amount equal to:

14B At the end of Subdivision 7-B of Schedule 1A

Add:

51A Implications for the student’s liability to the VET provider for the VET tuition fee

If a student’s *FEE-HELP balance is re-credited in accordance with this Subdivision with an amount for a *VET unit of study, the student is discharged from all liability to pay or account for so much of the student’s *VET tuition fee for the unit as is equal to that amount.

15 Subclause 56(1) of Schedule 1A

Omit “subclause 46(2) or 47(1)”, substitute “subclause 46(2), 46A(1) or 47(1)”.

15A Clause 60 of Schedule 1A

Repeal the clause, substitute:

60 Time and manner of payments 1

Amounts payable by the Commonwealth to a *VET provider under this Schedule are to be paid in accordance with an applicable determination under subclause (2) or (3).

The Minister may, by legislative instrument, determine the way (including payment in instalments or in arrears), and the times when, amounts payable by the Commonwealth under this Schedule are to be paid to specified kinds of *VET providers.

The Minister may, in writing, determine the way (including payment in instalments or in arrears), and the times when, amounts payable by the Commonwealth under this Schedule are to be paid to a particular *VET provider.

A determination under subclause (3) is not a legislative instrument.

16 After subclause 64(2) of Schedule 1A

Insert:

Manner in which notice to be given

A notice must be given in the manner (if any) set out in the *VET Guidelines.

17 After paragraph 75(ca) of Schedule 1A

Insert:

disclosure by a Commonwealth officer of VET personal information to a person appointed to, or employed or engaged by, a *State or Territory VET regulator to assist the person in their service with that regulator;

18 After paragraph 88(3)(a) of Schedule 1A

Insert:

if subclause (3A) applies to the person—that is signed by a *responsible parent of the person (in addition to being signed by the person); and

19 After subclause 88(3) of Schedule 1A

Insert:

unless the person is receiving, or has received, youth allowance (within the meaning of the Social Security Act 1991) on the basis that the person is independent (within the meaning of Part 2.11 of that Act).

This subclause applies to the person if the person:

is under 18 years old; and

has at least one *responsible parent;

20 Subclause 88(4) of Schedule 1A

Omit “This clause does”, substitute “Subclauses (1) and (2) do”.

20A Clause 91 of Schedule 1A (after table item 1B)

Insert:

21 Clause 91 of Schedule 1A (at the end of the table)

Add:

21A Before clause 98 of Schedule 1A

Insert:

97A Compensation for acquisition of property 1

If the operation of this Schedule would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

In this clause:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

22 Subclause 1(1) of Schedule 1

Insert:

general interest charge rate has the same meaning as in section 8AAD of the Taxation Administration Act 1953.

qualifying VET course means a structured and integrated program of vocational education or vocational training, usually consisting of a number of modules (units of study) or shorter programs, and leading to the award of a *VET diploma, *VET advanced diploma, *VET graduate diploma or *VET graduate certificate.

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

State or Territory VET regulator means an agency or authority of a State or Territory responsible for regulating vocational education or vocational training in the State or Territory.

student entry procedure has the meaning given by subclause 23B(3) of Schedule 1A.

VET FEE-HELP account has the meaning given by clause 45D of Schedule 1A.

23 Subclause 1(1) of Schedule 1 (definition of VET tuition fee)

After “subclause 27(2)”, insert “of Schedule 1A”.

24 Application of amendments 1

(1) The amendments of clause 6 of Schedule 1A to the Higher Education Support Act 2003 made by this Schedule apply in relation to decisions whether to approve bodies as VET providers made on or after 1 January 2016.

(2) The amendment of clause 9 of Schedule 1A to the Higher Education Support Act 2003 made by this Schedule applies in relation to decisions not to approve bodies as VET providers made on or after 1 January 2016.

(3) The amendment of clause 15 of Schedule 1A to the Higher Education Support Act 2003 made by this Schedule applies in relation to annual financial reporting periods ending on or after 1 January 2016.

(3A) Paragraph 26(1)(b) of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies to matters happening before, on or after 1 January 2016, to the extent that those matters are relevant to VET courses of study provided wholly or partly on or after 1 January 2016.

Example: When auditing a VET provider about a 2016 VET course of study, the audit could look at:

any approaches used in 2015 for recruiting students to the 2016 course; or

teaching resources, student engagement or completion rates for the corresponding course provided in 2015.

(3B) The amendments made by this Schedule of clause 39 of Schedule 1A to the Higher Education Support Act 2003 apply in relation to requests for revocation made on or after 1 January 2016.

(4) Paragraph 43(1)(ea) and clause 45B of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) apply in relation to VET courses of study enrolled in on or after 1 January 2016.

(5) Subparagraph 43(1)(f)(i) of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to VET units of study enrolled in on or after 1 January 2016.

(6) Paragraph 43(1)(h) and clause 45C of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) apply in relation to requests for Commonwealth assistance given on or after 1 January 2016.

(6A) Subclause 45E(1) of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to the 2016 calendar year and later calendar years.

(7) Clause 46A of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to unacceptable conduct engaged in on or after 1 January 2016.

(8) Clause 51A of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to the re-crediting of FEE-HELP balances on or after 1 July 2016.

(9) Clause 60 of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to amounts payable on or after 1 January 2016.

24A Transitional—pending applications

For the purposes of subclause 11(3) of Schedule 1A to the Higher Education Support Act 2003, any period referred to in that subclause that was underway on 2 December 2015 is taken to have paused at the end of that day until the end of 21 January 2016.

Higher Education Support Act 2003

25 Paragraph 180-20(b)

Repeal the paragraph, substitute:

a *NVETR staff member;

26 At the end of Part 1 of Schedule 1A

Add:

39DA Civil penalty provisions

Enforceable civil penalty provisions

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

Relevant court

Each *civil penalty provision of this Division is enforceable under Part 4 of the *Regulatory Powers Act.

For the purposes of Part 4 of the *Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the *civil penalty provisions:

the *Secretary;

an SES employee, or an acting SES employee, in the Department.

For the purposes of Part 4 of the *Regulatory Powers Act, each *applicable court is a relevant court in relation to the *civil penalty provisions.

39DB Civil penalty—publishing information that suggests VET FEE-HELP assistance is not a loan etc. 1

A person contravenes this subclause if:

the person is a *VET provider; and

the VET provider publishes information, or causes information to be published; and

the information suggests that:

*VET FEE-HELP assistance for a *VET unit of study or *VET course of study is not in the nature of a loan, or does not need to be repaid; or

if a student receives VET FEE-HELP assistance for such a unit or course, that the unit or course is free from any fees or charges.

Civil penalty: 60 penalty units.

A person contravenes this subclause if:

the person publishes information; and

the person does so as agent for a *VET provider; and

the information suggests that:

*VET FEE-HELP assistance for a *VET unit of study or *VET course of study is not in the nature of a loan, or does not need to be repaid; or

if a student receives VET FEE-HELP assistance for such a unit or course, that the unit or course is free from any fees or charges.

39DC Civil penalty—inappropriate inducements 1

A person contravenes this subclause if:

the person is a *VET provider; and

the VET provider:

offers a person a benefit; or

provides a person with a benefit; or

iii

causes a person to be offered or provided with a benefit; and

enrol in a *VET unit of study or *VET course of study; and

complete, sign and give an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the unit or course; and

the student receives *VET FEE-HELP assistance for that unit or course.

Civil penalty: 60 penalty units.

A person contravenes this subclause if:

the person offers a person a benefit, or provides a person with a benefit; and

the person does so as agent for a *VET provider; and

enrol in a *VET unit of study or *VET course of study; and

complete, sign and give an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the unit or course; and

the student receives *VET FEE-HELP assistance for that unit or course.

To avoid doubt, the person in paragraph (1)(b) or (2)(a) who is offered, or provided with, the benefit need not be the student.

39DD Appropriate and inappropriate inducements 1

Subclauses 39DC(1) and (2), and subclause (2) of this clause, do not apply in relation to any of the following benefits:

the content and quality of the *VET unit of study or *VET course of study;

the amount of *tuition fees of the unit or course (other than so much of the fees as is conditional on a person identifying other persons as prospective students for a unit or course);

*VET FEE-HELP assistance for the unit or course;

the use of a thing if:

the use is limited to the period the student is participating in the unit or course; and

the use is required or necessary for the completion of the unit or course (having regard to the learning objectives and outcomes of the unit or course); and

iii

the use of such a thing is available on the same terms to all students, of a kind specified in the *VET Guidelines for the purposes of this subparagraph, who are participating in the unit or course.

Without limiting subclauses 39DC(1) and (2), those subclauses apply in relation to the following benefits:

the use of an electronic device outside the period the student is participating in the *VET unit of study or *VET course of study;

internet use, or the use of software, outside that period;

travel, entertainment, hospitality or accommodation services;

vouchers redeemable for goods or services;

money (other than amounts covered by paragraph (1)(b) or (c)).

39DE Civil penalty—failure to provide VET FEE-HELP notices

A person contravenes this clause if:

Civil penalty: 60 penalty units.

the person is a *VET provider; and

the VET provider fails to comply with subclause 64(1), (2), (2A) or (3).

39DF Civil penalty—failure to comply with student requests 1

A person contravenes this subclause if:

the person is a *VET provider; and

(b) the VET provider enrols another person (the student) in a *VET unit of study; and

the student is entitled to *VET FEE-HELP assistance for the unit; and

before the end of the *census date for the unit, the student requests, in writing, the VET provider to:

cancel the enrolment; or

withdraw the student’s *request for Commonwealth assistance relating to the unit or the *VET course of study of which the unit forms a part; and

the VET provider fails to comply with the request before the end of that census date.

Civil penalty: 60 penalty units.

For the purposes of paragraph (1)(c), disregard subparagraph 43(1)(f)(ii) and paragraph 45C(1)(c).

39DG Civil penalty—charging a fee etc. for a student to cancel an enrolment or request for assistance 1

A person contravenes this subclause if:

the person is a *VET provider; and

(b) the VET provider enrols another person (the student) in a *VET unit of study; and

the student is entitled to *VET FEE-HELP assistance for the unit; and

before the end of the *census date for the unit, the student requests, in writing, the VET provider to:

cancel that enrolment; or

withdraw the student’s *request for Commonwealth assistance relating to the unit or the *VET course of study of which the unit forms a part; and

the VET provider charges the student a fee, or imposes a penalty, (however described) in order to do so.

Civil penalty: 60 penalty units.

For the purposes of paragraph (1)(c), disregard subparagraph 43(1)(f)(ii) and paragraph 45C(1)(c).

39DH Civil penalty—accepting requests for Commonwealth assistance etc. when student not entitled 1

A person contravenes this subclause if:

the person is a *VET provider; and

(b) an *appropriate officer of the VET provider is given a *request for Commonwealth assistance by another person (the student) relating to a *VET unit of study or the *VET course of study of which the unit forms a part; and

the VET provider treats the student as being entitled to *VET FEE-HELP assistance for the unit; and

the student is not so entitled.

Civil penalty: 60 penalty units.

if it had been signed by a responsible parent of the student; and

Civil penalty: 60 penalty units.

A person contravenes this subclause if:

the person is a *VET provider; and

(b) an *appropriate officer of the VET provider is given a form by another person (the student); and

subclause 88(3A) (about certain students under 18 years old) applies to the student; and

that form is not signed by a *responsible parent of the student; and

that form would have been a *request for Commonwealth assistance relating to:

a *VET unit of study; or

the *VET course of study of which the unit forms a part;

the VET provider treats the student as being entitled to *VET FEE-HELP assistance for the unit.

39DI Civil penalty—failure to advise about requests etc. 1

A person contravenes this subclause if:

the person is a *VET provider; and

(b) the VET provider enrols another person (the student) in a *VET unit of study; and

the student has not already given an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the *VET course of study of which the unit forms a part; and

the student enrols in the unit less than 2 business days before the *census date for the unit; and

before enrolling the student, the VET provider failed to advise the student that the student would not be able to receive *VET FEE-HELP assistance for the unit; and

the student completes, signs and gives an appropriate officer of the VET provider a request for Commonwealth assistance relating to the unit or the VET course of study of which the unit forms a part.

Civil penalty: 60 penalty units.

A person contravenes this subclause if:

the person is a *VET provider; and

(b) the VET provider enrols another person (the student) in a *VET unit of study; and

the student completes, signs and gives an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the unit or a *VET course of study of which the unit forms a part; and

the request is so given less than 2 business days after the student enrols in the unit; and

either or both of the following subparagraphs applies:

before enrolling the student, the VET provider failed to advise the student that *VET FEE-HELP assistance for the unit can only be received if the request is given at least 2 business days after enrolling;

the VET provider encouraged the student to give the request so that it would be given less than 2 business days after enrolling.

39DJ Civil penalty—failure to apportion fees appropriately

A person contravenes this clause if:

Civil penalty: 60 penalty units.

the person is a *VET provider; and

(b) the VET provider enrols another person (the student) in a *VET unit of study; and

the student receives *VET FEE-HELP assistance for the unit; and

the VET provider charges the student *tuition fees for the unit; and

for the purposes of clause 27A, the *VET Guidelines specify when the tuition fees may be charged; and

the tuition fees are not charged in accordance with those VET Guidelines.

39DK Civil penalty—failure to publish fees

A person contravenes this clause if:

Civil penalty: 60 penalty units.

the person is a *VET provider; and

(b) the VET provider enrols another person (the student) in a *VET unit of study; and

the student receives *VET FEE-HELP assistance for the unit; and

the VET provider charges the student *tuition fees for the unit; and

on the day before the student enrols in the unit, the tuition fees were not available on the VET provider’s website in a way that was readily accessible by the public.

39DL Civil penalty—failure to report data

A person contravenes this clause if:

Civil penalty: 60 penalty units.

the person is a *VET provider; and

(b) the VET provider enrols another person (the student) in a *VET unit of study; and

the student receives *VET FEE-HELP assistance for the unit; and

the VET provider is subject to a requirement under subclause 24(1) or (2) to provide information relating to the VET FEE-HELP assistance; and

the VET provider fails to comply with the requirement.

39EA Infringement notices

A *civil penalty provision of this Division is subject to an infringement notice under Part 5 of the *Regulatory Powers Act.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

39EB Infringement officers

For the purposes of Part 5 of the *Regulatory Powers Act, an infringement officer in relation to the *civil penalty provisions is:

each *NVETR staff member who is:

an SES employee or an acting SES employee; or

an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position; or

each SES employee, or an acting SES employee, in the Department.

39EC Relevant chief executive

For the purposes of Part 5 of the *Regulatory Powers Act, the relevant chief executive in relation to the *civil penalty provisions is:

for an infringement notice given by an infringement officer covered by paragraph 39EB(a)—each *NVETR Commissioner; and

for an infringement notice given by an infringement officer covered by paragraph 39EB(b)—the *Secretary.

39FA Monitoring powers 1

Subdivision 5A-A is subject to monitoring under Part 2 of the *Regulatory Powers Act.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether Subdivision 5A-A has been complied with. It includes powers of entry and inspection.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

Information given in compliance or purported compliance with a provision of Subdivision 5A-A is subject to monitoring under Part 2 of the *Regulatory Powers Act.

39FB Monitoring powers—persons exercising relevant roles etc. 1

For the purposes of Part 2 of the *Regulatory Powers Act, as it applies in relation to Subdivision 5A-A of this Schedule:

each *civil penalty provision of this Division is related to Subdivision 5A-A of this Schedule; and

each *Departmental investigator and *NVETR investigator is an authorised applicant; and

each Departmental investigator and NVETR investigator is an authorised person; and

a *judicial officer is an issuing officer; and

for an authorised person who is a Departmental investigator, the *Secretary is the relevant chief executive; and

for an authorised person who is a NVETR investigator, each *NVETR Commissioner is the relevant chief executive; and

each *applicable court is the relevant court.

Person assisting

An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the *Regulatory Powers Act in relation to a provision of Subdivision 5A-A of this Schedule.

39FC Investigation powers

Each *civil penalty provision of this Division is subject to investigation under Part 3 of the *Regulatory Powers Act.

Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.

39FD Investigation powers—persons exercising relevant roles etc. 1

For the purposes of Part 3 of the *Regulatory Powers Act, as it applies in relation to evidential material that relates to a *civil penalty provision of this Division:

each *Departmental investigator and *NVETR investigator is an authorised applicant; and

each Departmental investigator and NVETR investigator is an authorised person; and

a *judicial officer is an issuing officer; and

for an authorised person who is a Departmental investigator, the *Secretary is the relevant chief executive; and

for an authorised person who is a NVETR investigator, each *NVETR Commissioner is the relevant chief executive; and

each *applicable court is the relevant court.

Person assisting

An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the *Regulatory Powers Act in relation to evidential material that relates to a provision of Subdivision 5A-A of this Schedule.

39GA Appointment of investigators 1

(1) The *Secretary may, in writing, appoint a person as a Departmental investigator for the purposes of this Division.

(2) A *NVETR Commissioner may, in writing, appoint a *NVETR staff member as a NVETR investigator for the purposes of this Division.

A person must not be appointed as a *Departmental investigator, or a *NVETR investigator, unless the appointer is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of such an investigator.

A *Departmental investigator, and a *NVETR investigator, must, in exercising powers as such, comply with any directions of the appointer.

If a direction is given under subclause (4) in writing, the direction is not a legislative instrument.

39GB Functions and powers

The functions and powers of a person referred to in:

include those conferred by Part 2, 3, 4 or 5 (as applicable) of the *Regulatory Powers Act in relation to this Division.

subclause 39DA(2) (about authorised applicants); or

clause 39EB or 39EC (about infringement notices); or

paragraph 39FB(1)(b), (c), (d), (e) or (f) (about monitoring powers); or

paragraph 39FD(1)(a), (b), (c), (d) or (e) (about investigation powers);

39GC Delegation by relevant chief executive etc. 1

The *Secretary may, in writing, delegate his or her powers and functions that:

arise under the *Regulatory Powers Act as the relevant chief executive; and

relate to this Division;

to an SES employee, or an acting SES employee, in the Department.

to an *NVETR staff member who is:

A *NVETR Commissioner may, in writing, delegate his or her powers and functions that:

arise under the *Regulatory Powers Act as the relevant chief executive and relate to this Division; or

arise under clause 39GA of this Schedule;

an SES employee or an acting SES employee; or

an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.

A person exercising powers or performing functions under a delegation under subclause (1) or (2) must comply with any directions of the delegator.

A person must not exercise powers or perform functions under a delegation under subclause (1) or (2) in relation to an infringement notice given by the person.

39GD Other enforcement action

To avoid doubt, action may be taken under this Division in addition to, or instead of, any action that may be taken under any other provision of this Act, including under any or all of the following provisions of this Schedule:

clause 12A (about imposing conditions on an approval);

clause 26A (about compliance notices);

Division 5 (about when a body ceases to be a VET provider);

Subdivision 7-B (about re-crediting FEE-HELP balances).

27 Paragraph 72(b) of Schedule 1A

Repeal the paragraph, substitute:

obtained or created by a *VET officer for the purposes of:

Division 5A of Part 1, or Part 2, of this Schedule; or

Chapter 4, to the extent that it relates to this Schedule.

28 Paragraph 74(3)(a) of Schedule 1A

Repeal the paragraph, substitute:

for a *Commonwealth officer—the performance of duties or functions, or the exercise of powers:

under, or for the purposes of, this Schedule; or

conferred as described in clause 39GB (about functions and powers under the Regulatory Powers Act); or

29 After paragraph 75(aa) of Schedule 1A

Insert:

disclosure by a Commonwealth officer of VET personal information relating to a *civil penalty provision for purposes relating to:

monitoring or investigating compliance with the civil penalty provision; or

enforcing the civil penalty provision; or

iii

issuing an infringement notice in relation to the civil penalty provision;

30 Subclause 1(1) of Schedule 1

Insert:

applicable court means:

civil penalty provision means each of the following clauses or subclauses of Schedule 1A:

Departmental investigator means a person appointed under subclause 39GA(1) of Schedule 1A.

judicial officer means:

NVETR Commissioner means:

within the meaning of the National Vocational Education and Training Regulator Act 2011.

NVETR investigator means a person appointed under subclause 39GA(2) of Schedule 1A.

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).

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

the Federal Court of Australia; or

the Federal Circuit Court of Australia; or

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

subclauses 39DB(1) and (2);

subclauses 39DC(1) and (2);

clause 39DE;

subclause 39DF(1);

subclause 39DG(1);

subclauses 39DH(1) and (2);

subclauses 39DI(1) and (2);

clauses 39DJ, 39DK and 39DL.

a magistrate; or

a Judge of a court of a State or Territory; or

a Judge of the Federal Circuit Court of Australia; or

a Judge of the Federal Court of Australia.

the Chief Commissioner; or

a Commissioner;

31 Application of amendments 1

(1) Subclause 39DC(1) of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to conduct referred to in paragraph (b) of that subclause that happens on or after 1 January 2016.

(2) Subclause 39DC(2) of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to conduct referred to in paragraph (a) of that subclause that happens on or after 1 January 2016.

(3) Subclause 39DF(1) of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to requests referred to in paragraph (d) of that subclause that are given on or after 1 January 2016.

(4) Subclause 39DG(1) of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to requests referred to in paragraph (d) of that subclause that are given on or after 1 January 2016.

(5) Subclause 39DH(1) of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to requests referred to in paragraph (b) of that subclause that are given on or after 1 January 2016.

(6) Subclause 39DH(2) of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to forms referred to in paragraph (b) of that subclause that are given on or after 1 January 2016.

(7) Subclauses 39DI(1) and (2) of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) apply in relation to enrolments on or after 1 January 2016.

(8) Clause 39DJ of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) applies in relation to VET courses of study that commence on or after 1 January 2016.

(9) Clauses 39DK and 39DL of Schedule 1A to the Higher Education Support Act 2003 (as inserted by this Schedule) apply in relation to enrolments on or after 1 January 2016.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history