Commonwealth: 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 An Act to provide for loans to students for vocational education and training, and for related purposes Part 1—Preliminary 1 Short title This Act is the VET Student Loans Act 2016. 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 Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act 1 January 2017. 1 January 2017 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. (2) 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 Act binds the Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be: (a) prosecuted for an offence; or (b) subject to civil proceedings for a civil penalty order under Part 4 of the Regulatory Powers Act; or (c) given an infringement notice under Part 5 of the Regulatory Powers Act. (3) The protection in subsection (2) does not apply to an authority of the Crown. 4 Objects The object of this Act is to provide for loans to students for vocational education and training, ensuring that loans are provided: (a) to genuine students; and (b) for education and training that meets workplace needs and improves employment outcomes. 5 Simplified outline of this Act VET student loans are approved by the Secretary for eligible students for approved courses. VET student loans are used by the Secretary to pay tuition fees for students. If the Secretary uses a loan amount to pay tuition fees, the student incurs a VETSL debt. These debts are generally repayable through the tax system once the person's income exceeds the minimum repayment income under the Higher Education Support Act 2003 and the person has finished repaying any debt under that Act. In certain circumstances the course provider, instead of the student, must repay a loan amount. This includes circumstances in which the student's HELP balance may be re‑credited. For a course to be an approved course, the course provider must have been approved by the Secretary. The Secretary is able to take action to ensure that approved course providers are complying with this Act. Part 5 sets out requirements to be met by approved course providers, and includes civil penalty and offence provisions. Part 5A sets out arrangements relating to tuition protection. Part 5B establishes the VSL Tuition Protection Fund, the office of the VSL Tuition Protection Director and the VSL Tuition Protection Fund Advisory Board. Certain decisions relating to VET student loans, approval of course providers, and assessments involving repayment of VETSL debts, are reviewable. The Regulatory Powers (Standard Provisions) Act 2014 applies for the purposes of this Act. The use and disclosure of information is regulated. Rules can be made under this Act. 6 Definitions In this Act: accumulated VETSL debt: see subsection 23CC(1). affected part, of an original course, means a part of the course that a student was enrolled in when an approved course provider defaulted in relation to the student. approved course: see section 13. approved course provider: see section 24. approved external dispute resolution scheme: see section 42B. approved external dispute resolution scheme operator: see paragraph 42B(c). approved form has the meaning given by section 388‑50 in Schedule 1 to the Taxation Administration Act 1953. assessed worldwide income has the same meaning as in the Higher Education Support Act 2003. Australian Privacy Principles has the same meaning as in the Privacy Act 1988. Australian Qualifications Framework means the framework for recognition and endorsement of qualifications: (a) that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and (b) that is to give effect to agreed standards in relation to the provision of education in Australia; as in force from time to time. Note: The Australian Qualifications Framework could in 2016 be viewed on the Australian Qualifications Framework website (http://www.aqf.edu.au). census day: see subsection 58(3). civil penalty provision has the same meaning as in the Regulatory Powers Act. cold‑calling: see subsections 62(2) and (3). commence, in relation to winding up a body corporate, has the same meaning as in the Corporations Act 2001. Commissioner means the Commissioner of Taxation. Commonwealth officer has the same meaning as in the Higher Education Support Act 2003. compliance audit: see subsection 45(2). compliance notice: see subsection 43(3). compulsory VETSL repayment amount means an amount that: (a) is required to be paid in respect of an accumulated VETSL debt under section 23EA or 23EC; and (b) is included in a notice of an assessment made under section 23EE. course means a course of study. course provider means a person who provides, or offers to provide, a course of study. courses and loan caps determination: see subsection 16(2). covered fees: see subsection 56(3). decision maker: see paragraph 74(b). decision notice: see subsection 36(4). default: see section 66B. Departmental investigator: see subsection 88(1). dependent child means a person who is aged under 18 and does not have a spouse or de facto partner. Education Minister means the Minister who administers the Education Services for Overseas Students Act 2000. electronic communication has the same meaning as in the Electronic Transactions Act 1999. eligible student: see section 9. executive officer, of an approved course provider, means a person (whether or not a director of the provider) who is concerned in, or takes part in, the management of the provider. foreign resident has the same meaning as in the Income Tax Assessment Act 1997. former accumulated VETSL debt: see subsection 23CB(1). genuine student has a meaning affected by any rules made for the purposes of this definition. guidance and appeals panel has the same meaning as in the Administrative Review Tribunal Act 2024. guidance and appeals panel application has the same meaning as in the Administrative Review Tribunal Act 2024. HELP balance has the same meaning as in the Higher Education Support Act 2003. income tax has the same meaning as in the Income Tax Assessment Act 1997. income year has the same meaning as in the Income Tax Assessment Act 1997. intention notice: see subsection 36(2). judicial officer means: (a) a magistrate; or (b) a Judge of a court of a State or Territory; or (c) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or (d) a Judge of the Federal Court of Australia. listed course provider: see subsection 27(2). loan amount means all or a part of a VET student loan. Medicare levy means Medicare levy imposed by the Medicare Levy Act 1986. member of an approved external dispute resolution scheme that is Part IIE of the Ombudsman Act 1976 (which establishes the VET Student Loans Ombudsman): see section 42BA of this Act. minimum repayment income has the same meaning as in the Higher Education Support Act 2003. National VET Regulator has the same meaning as in the National Vocational Education and Training Regulator Act 2011. NVETR investigator: see subsection 88(2). 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). officer of an approved course provider means: (a) an officer or employee of an approved course provider; or (b) a person who performs services for or on behalf of an approved course provider. officer of an approved external dispute resolution scheme operator means: (a) an officer or employee of an approved external dispute resolution scheme operator; or (b) if the VET Student Loans Ombudsman is an approved external dispute resolution scheme operator—the VET Student Loans Ombudsman or a member of the staff of the VET Student Loans Ombudsman (see Part IIE of the Ombudsman Act 1976); or (c) in any case—a person who performs services for or on behalf of an approved external dispute resolution operator. officer of a Tertiary Admission Centre has the same meaning as in the Higher Education Support Act 2003. ongoing information requirements: see subsection 52(1). original course means an approved course in relation to which an approved course provider has defaulted. Pacific engagement visa: see subsection 11(1B). permanent humanitarian visa: see subsection 11(1A). permitted purpose: see subsection 95(1). personal information has the same meaning as in the Privacy Act 1988. provider fee limit: see subsection 34(3). qualifying New Zealand citizen: see subsection 11(2). registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. repayable VETSL debt: see subsection 23EB(1). repayment income has the same meaning as in the Higher Education Support Act 2003. replacement component means a part of a replacement course that replaces an affected part of an original course. replacement course means an approved course that enables a student to finish: (a) an original course; or (b) a course that is equivalent to an original course. responsible parent has the same meaning as in the Australian Citizenship Act 2007. return means an income tax return within the meaning of subsection 995‑1(1) of the Income Tax Assessment Act 1997. reviewable decision: see paragraph 74(a). rules means the rules made under section 116. Secretary means the Secretary of the Department. special category visa has the same meaning as in the Migration Act 1958. special circumstances: see subsection 68(3). student includes a prospective student. student entry procedure means a course provider's procedure to ensure that a student is academically suited to undertake a course. student identifier has the same meaning as in the Student Identifiers Act 2014. Table A provider has the same meaning as in the Higher Education Support Act 2003. Table B provider has the same meaning as in the Higher Education Support Act 2003. taxable income has the same meaning as in the Income Tax Assessment Act 1997. tax file number has the same meaning as in the Income Tax Assessment Act 1936. TEQSA means the body established by section 132 of the Tertiary Education Quality and Standards Agency Act 2011. this Act includes: (a) the rules; and (b) any other instrument made under this Act; and (c) the Higher Education Support Act 2003 to the extent that it relates to this Act; and (d) any instrument made under the Higher Education Support Act 2003 to the extent that the instrument relates to this Act. unacceptable conduct: see subsection 71(2). VET information means information obtained or created for the purposes of this Act. VET officer means: (a) a Commonwealth officer; or (b) an officer of a Tertiary Admission Centre; or (c) an officer of an approved course provider; or (e) an officer of an approved external dispute resolution scheme operator. VET Regulator has the same meaning as in the National Vocational Education and Training Regulator Act 2011. VETSL debt: see subsection 23BA(1). VET student loan: see subsection 7(2). voluntary repayment means a payment made to the Commissioner in discharge of an accumulated VETSL debt or a VETSL debt. It does not include a payment made in discharge of a compulsory VETSL repayment amount. VSL Tuition Protection Director means the person referred to in section 66M. VSL Tuition Protection Fund means the VSL Tuition Protection Fund established by section 66J. VSL Tuition Protection Fund Advisory Board means the VSL Tuition Protection Fund Advisory Board established by section 66Q. VSL tuition protection levy means levy imposed by the VET Student Loans (VSL Tuition Protection Levy) Act 2019. Part 2—Loans to students Division 1—Secretary may approve loans 7 Secretary may approve loans (1) The Secretary may approve a loan for a student for a course of study if the Secretary is satisfied that: (a) the student is an eligible student (see Division 2); and (b) the course is an approved course (see Division 3). (2) The loan is a VET student loan. 8 Amount of loan The amount of the loan must not be greater than any of the following: (a) the maximum loan amount for the course specified in, or worked out in accordance with, the courses and loan caps determination; (b) the amount that would reduce the student's HELP balance to zero; (c) the tuition fees for the course. Division 2—Eligible students 9 Eligible students To be an eligible student, the student must meet the requirements of this Division. 10 Enrolment and loan application (1) The student must: (a) be enrolled in the course; and (b) have provided the course provider with any information and documents required by the rules; and (c) meet any other requirements set out in the rules. (2) The student must be undertaking the course primarily at a campus in Australia. (3) The student must have applied for a VET student loan for the course in accordance with Division 4. 11 Citizenship and residency (1) The student must be: (a) an Australian citizen; or (b) the holder of a permanent humanitarian visa, or a Pacific engagement visa, who is usually resident in Australia; or (c) a qualifying New Zealand citizen. (1A) Permanent humanitarian visa has the same meaning in this Act as in the Migration Regulations 1994. (1B) A Pacific engagement visa is: (a) a visa referred to in the Migration Regulations 1994 as a Subclass 192 (Pacific Engagement) visa; or (b) a visa of a kind determined under subsection (1C). (1C) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (1B)(b) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister) that, in the opinion of the Immigration Minister: (a) the kind of visa has replaced or will replace: (i) the kind of visa mentioned in paragraph (1B)(a); or (ii) a kind of visa previously determined under this subsection; and (b) the replacement kind of visa is intended to give the same benefits as the replaced kind of visa. (2) A qualifying New Zealand citizen is a New Zealand citizen who: (a) holds a special category visa; and (b) has been usually resident in Australia for at least 10 years; and (c) was a dependent child when he or she was first usually resident in Australia; and (d) has been in Australia for periods totalling 8 years during the previous 10 years; and (e) has been in Australia for periods totalling 18 months during the previous 2 years. 12 Academic suitability (1) The student must have been assessed by the course provider as academically suited to undertake the course concerned. (2) The assessment must have been done in accordance with: (a) the course provider's student entry procedure; and (b) any requirements set out in the rules. (3) The course provider contravenes this subsection if the provider completes, or assists with completing, anything the student is required to do for the purposes of determining whether the student is academically suited to undertake an approved course. Civil penalty: 120 penalty units. Division 3—Approved courses 13 Approved courses To be an approved course, the course must meet the requirements of this Division. 14 Kinds of courses (1) The course must be a structured and integrated program of vocational education or vocational training that leads to one of the following: (a) a qualification: (i) of diploma, advanced diploma, graduate certificate or graduate diploma in the Australian Qualifications Framework; and (ii) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework; (b) a qualification specified by the rules. (2) The course must: (a) be specified in the courses and loan caps determination; and (b) meet any requirements set out in the rules. 15 Provision and delivery (1) The course must be provided by an approved course provider and delivered: (a) by the approved course provider; or (b) for the approved course provider by one or more of the following: (i) another approved course provider; (ii) a person or body registered by TEQSA; (iii) a person or body approved in writing by the Secretary to deliver the course. (2) A reference in subsection (1) to an approved course provider does not include a reference to an approved course provider whose approval is suspended. 16 The courses and loan caps determination (1) The Minister may by legislative instrument determine: (a) courses of study for which VET student loans may be approved; and (b) maximum loan amounts, or methods for working out maximum loan amounts, for those courses. (2) The determination is the courses and loan caps determination. (3) The determination may provide for the method set out in Part 5‑6 of the Higher Education Support Act 2003 to be used to index amounts determined by, or worked out in accordance with, the determination. (4) Despite subsection 14(2) of the Legislation Act 2003, a determination made under subsection (1) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time. Division 4—Applications for loans 17 Applications for loans (1) An application for a VET student loan for a course must: (a) include the student's tax file number or a certificate from the Commissioner stating that the student has applied to the Commissioner asking the Commissioner to issue a tax file number to the student; and (b) include the student's student identifier. (2) The application: (a) must be in the form approved by the Secretary; and (b) must not be made before the end of any period specified in the rules; and (c) must meet any other requirements set out in the rules. (3) The application must be signed by both the student and a responsible parent of the student if the following apply: (a) the student is under 18 years of age; (b) the student has a responsible parent; (c) the student has not received youth allowance (within the meaning of the Social Security Act 1991) on the basis that the student is independent (within the meaning of Part 2.11 of that Act). (4) The Secretary may: (a) request the student to provide further information for the purposes of deciding the application; and (b) require some or all of the further information to be provided as a statutory declaration. (5) A course provider contravenes this subsection if the provider completes any part of an application for a VET student loan that the student is required to complete. Civil penalty: 120 penalty units. (6) A course provider contravenes this subsection if: (a) the provider collects information (including from a student) for the purposes of, or in relation to, applications by students for VET student loans; and (b) the provider: (i) gives the collected information to the Secretary; or (ii) gives the Secretary information based on the collected information; and (c) either or both of the following apply: (i) the collected information omits a material particular or is incorrect in a material particular; (ii) the information based on the collected information omits a material particular or is incorrect in a material particular. Note: This subsection means that providers will need to verify information they collect from students for the purposes of, or in relation to, applications by students for VET student loans. Civil penalty: 120 penalty units. (7) Subparagraph (6)(c)(i) does not apply if the provider has taken the steps (if any) set out in rules made under subsection 48(1) to verify that the collected information is correct. Note: Under section 48, the rules may require an approved course provider to have specified processes and procedures in place. (8) Subparagraph (6)(c)(ii) does not apply if: (a) the information is incorrect only because the collected information is incorrect; and (b) the provider has taken the steps (if any) set out in rules made under subsection 48(1) to verify that the collected information is correct. Note: Under section 48, the rules may require an approved course provider to have specified processes and procedures in place. 18 Decisions about loans (1) The Secretary must decide whether or not to approve a VET student loan if: (a) an application is made for the loan; and (b) the application complies with section 17; and (c) the applicant has complied with any request under that section. (2) The Secretary must give written notice of the decision to both: (a) the applicant; and (b) the course provider. (3) The notice must: (a) be given in accordance with any requirements set out in the rules; and (b) if the Secretary decides not to approve the loan—must include the reasons for the decision. (4) The rules may provide for another person to give the notice on the Secretary's behalf. Part 3—Paying and repaying loan amounts Division 1—Paying loan amounts 19 Loan must be used to pay tuition fees (1) If the Secretary approves a VET student loan for a student for a course, the Secretary must use the loan to pay tuition fees for the student for the course. (2) The Secretary may pay loan amounts to the course provider. (3) The Secretary may pay loan amounts: (a) before or after the student begins the course; or (b) after the student has completed the course; or (c) by instalments. (4) Subsections (2) and (3) do not limit the way in which the Secretary may use the loan to pay tuition fees. Note 1: If the Secretary uses a loan amount to pay tuition fees for a student, the student incurs a VETSL debt under section 23BA. Note 2: If the Secretary used a loan amount to pay tuition fees for a student before 1 July 2019, the student will have incurred a debt under section 137‑19 of the Higher Education Support Act 2003 as then in force. Those debts are managed under that Act as HELP debts. 20 When Secretary is not required to pay loan amount The Secretary is not required to pay a loan amount for a student for a course if any of the following applies: (a) the student has not given the Secretary the student's tax file number; (b) the student has not given the Secretary the student's student identifier; (c) the Secretary is satisfied that the student: (i) is not an eligible student; or (ii) is not a genuine student; (d) payment of the amount would breach a provider fee limit; (e) the loan amount is greater than the student's HELP balance; (f) the Secretary suspects on reasonable grounds that the course provider is not complying with this Act; (g) the approval of the course provider has been revoked or suspended, or has expired; (h) the Secretary is satisfied that special circumstances prevented, or will prevent, the student from completing the requirements for the course, or the part of the course; (i) the Secretary is satisfied that the course provider, or a person acting on the provider's behalf, engaged in unacceptable conduct in relation to the student's application for the VET student loan; (j) both of the following apply: (i) the student has not completed the requirements for the course, or the part of the course, because the provider defaulted in relation to the student; (ii) 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. Note: For provider fee limit, see subsection 34(3). 21 Notice about payment of loan amount (1) If the Secretary decides not to pay a loan amount for a student for a course, the Secretary must notify the course provider of the decision as soon as practicable. (2) The rules may set out requirements in relation to notifying the following that loan amounts have been or will be, or have not been or will not be, paid: (a) course providers; (b) students; (c) other persons. Division 2—Repaying loan amounts 22 When course provider must repay loan amount (1) The course provider must pay to the Commonwealth an amount equal to a loan amount that was: (a) used to pay tuition fees for a student for a course; and (b) re‑credited to the student's HELP balance under Division 2 or 3 of Part 6. Note: If a student's HELP balance is re‑credited under Division 2 or 3 of Part 6, the student's VETSL debt is taken to be remitted to the extent to which the debt relates to the loan amount concerned: see section 23BA. (For remission of debts incurred before 1 July 2019, see section 137‑19 of the Higher Education Support Act 2003). (2) A course provider must pay to the Commonwealth an amount equal to any amount that was purportedly paid to the provider under this Act that was not payable. (3) A course provider must pay to the Commonwealth an amount equal to any amount paid to the provider that exceeded a provider fee limit imposed on the provider. Note: For provider fee limit, see subsection 34(3). (4) An amount that a course provider must pay under this section is a debt due to the Commonwealth by the provider. (5) The Commonwealth may recover the debt from one or more loan amounts that would otherwise be payable to the course provider in relation to a student. (6) If a debt is recovered from a loan amount that is otherwise payable in relation to a student, the amount recovered is taken to have been paid to the course provider in relation to the student. Part 3A—VETSL debts Division 1—Simplified outline of this Part 23AA Simplified outline of this Part Loans that the Secretary approves and uses to pay tuition fees for a person are repayable under this Part. A person incurs a debt (called a VETSL debt) each time a loan amount is used to pay tuition fees for the person. Each of those debts is then incorporated into a single debt called the person's accumulated VETSL debt. An accumulated VETSL debt can be repaid in 2 ways: (a) by making voluntary repayments; or (b) by making compulsory repayments (based on the person's income) through the income tax system. Division 2—VETSL debts 23BA VETSL debt (1) A person incurs a debt to the Commonwealth if the Secretary: (a) approves a VET student loan for the person; and (b) uses a loan amount covered by the VET student loan to pay tuition fees for the person for a course. The debt is a VETSL debt. (2) The amount of the VETSL debt is: (a) 120% of the loan amount; or (b) if the rules specify a lesser percentage of the loan amount for the person—that lesser percentage of the loan amount. Note: For specification by class, see subsection 13(3) of the Legislation Act 2003. (3) A VETSL debt is incurred on the day that the Secretary pays the loan amount. (4) A person's VETSL debt, in relation to a loan amount used to pay tuition fees for the person for a course, is taken to be remitted if the person's HELP balance is re‑credited under Division 2 or 3 of Part 6 in relation to the loan amount. 23BB VETSL debt discharged by death Upon the death of a person who owes a VETSL debt to the Commonwealth, the debt is taken to have been paid. Note: VETSL debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act 1966. 23BC Notice to Commissioner (1) If a person incurs a VETSL debt, the Secretary must give the Commissioner a notice specifying the amount of the debt incurred by the person. (2) The Secretary may include in the notice any other details the Commissioner requests for the purpose of ensuring the Commissioner has the information needed to exercise powers or perform functions of the Commissioner under or in relation to this Act. Division 3—Accumulated VETSL debts 23CA Simplified outline of this Division There are 2 stages to working out a person's accumulated VETSL debt for a financial year. In stage 1, the person's former accumulated VETSL debt is worked out. This is done by adjusting the preceding financial year's accumulated VETSL debt to take account of: (a) changes in the Consumer Price Index and the Wage Price Index; and (b) the VETSL debts the person incurs during the last 6 months of the preceding financial year; and (c) voluntary repayments of the debt; and (d) compulsory VETSL repayment amounts in respect of the debt. In stage 2, the person's accumulated VETSL debt is worked out from: (a) the person's former accumulated VETSL debt; and (b) the VETSL debts the person incurs during the first 6 months of the financial year; and (c) voluntary repayments of those debts. Note: Incurring that financial year's accumulated VETSL debt discharges the previous accumulated VETSL debt and VETSL debts: see section 23CE. 23CB Stage 1—working out a former accumulated VETSL debt (1) A person's former accumulated VETSL debt, in relation to the person's accumulated VETSL debt for a financial year, is worked out by multiplying: (a) the amount worked out using the following method statement; by (b) the HELP debt indexation factor (within the meaning of the Higher Education Support Act 2003) for 1 June in that financial year. Method statement Step 1. Take the person's accumulated VETSL debt for the immediately preceding financial year. (This amount is taken to be zero if the person has no accumulated VETSL debt for that financial year.) Step 2. Add the sum of all of the VETSL debts (if any) that the person incurred during the last 6 months of the immediately preceding financial year. If the total is a number of whole dollars and a number of cents, the total is taken to be the number of whole dollars. If the total is an amount of less than one dollar, the total is taken to be zero. Step 3. Subtract the sum of the amounts by which the person's debts referred to in steps 1 and 2 are reduced because of any voluntary repayments that have been made during the period: (a) starting on 1 June in the immediately preceding financial year; and (b) ending immediately before the next 1 June. Step 4. Subtract the sum of all of the person's compulsory VETSL repayment amounts that: (a) were assessed during that period (excluding any assessed as a result of a return given before that period); or (b) were assessed after the end of that period as a result of a return given before the end of that period. Step 5. Subtract the sum of the amounts by which any compulsory VETSL repayment amount of the person is increased (whether as a result of an increase in the person's taxable income of an income year or otherwise) by an amendment of an assessment made during that period. Step 6. Add the sum of the amounts by which any compulsory VETSL repayment amount of the person is reduced (whether as a result of a reduction in the person's taxable income of an income year or otherwise) by an amendment of an assessment made during that period. Example: Lorraine is studying part‑time for a Diploma of Early Childhood Education and Care. On 1 June 2020, Lorraine had an accumulated VETSL debt of $15,000. She incurred a VETSL debt of $1,500 on 31 March 2020. She made a voluntary repayment of $525 on 1 May 2021. Lorraine lodged her 2019‑20 income tax return and a compulsory VETSL repayment amount of $3,000 was assessed and notified on her income tax notice of assessment on 3 September 2020. To work out Lorraine's former accumulated VETSL debt before indexation on 1 June 2021: Step 1: Take the previous accumulated VETSL debt of $15,000 on 1 June 2020. Step 2: Add the VETSL debt of $1,500 incurred on 31 March 2020. Step 3: Subtract the $525 voluntary repayment made on 1 May 2021. Step 4: Subtract the $3,000 compulsory repayment assessed on 3 September 2020. Step 5: Does not apply because since 1 June 2020 Lorraine had no amendments to any assessment. Step 6: Does not apply because since 1 June 2020 Lorraine had no amendments to any assessment. Lorraine's former accumulated VETSL debt before indexation on 1 June 2021 is: If, for example, the indexation factor for 1 June 2021 were 1.030, then the former accumulated VETSL debt would be: (2) For the purposes of this section, an assessment, or an amendment of an assessment, is taken to have been made on the day specified in the notice of assessment, or notice of amended assessment, as the date of issue of that notice. 23CC Stage 2—working out an accumulated VETSL debt (1) A person's accumulated VETSL debt, for a financial year, is worked out as follows: where: former accumulated VETSL debt means the person's former accumulated VETSL debt in relation to that accumulated VETSL debt. VETSL debt repayments means the sum of all of the voluntary repayments (if any) paid, on or after 1 July in the financial year and before 1 June in that year, in reduction of the VETSL debts incurred in that year. VETSL debts incurred means the sum of the amounts of all of the VETSL debts (if any) that the person incurred during the first 6 months of the financial year, with the total rounded down to the nearest whole dollar (and a total of less than one dollar taken to be zero). Example: Paula is studying part‑time for a Diploma of Nursing. On 1 June 2021, her former accumulated VETSL debt was worked out using section 23CB to be $20,000. She incurred a VETSL debt of $1,500 on 31 August 2020. No repayments have been made in the 12 months from 1 June 2020. Paula's accumulated VETSL debt on 1 June 2021 is worked out by taking her former accumulated VETSL debt of $20,000 and adding the $1,500 VETSL debt incurred on 31 August 2020. That is: (2) The person incurs the accumulated VETSL debt on 1 June in the financial year. (3) The first financial year for which a person can have an accumulated VETSL debt is the financial year starting on 1 July 2019. 23CD Rounding of amounts (1) If, apart from this section, a person's accumulated VETSL debt would be an amount consisting of a number of whole dollars and a number of cents, disregard the number of cents. (2) If, apart from this section, a person's accumulated VETSL debt would be an amount of less than one dollar, the person's accumulated VETSL debt is taken to be zero. 23CE Accumulated VETSL debt discharges earlier debts (1) The accumulated VETSL debt that a person incurs on 1 June in a financial year discharges, or discharges the unpaid part of: (a) any VETSL debt that the person incurred during the calendar year immediately preceding that day; and (b) any accumulated VETSL debt that the person incurred on the immediately preceding 1 June. (2) Nothing in subsection (1) affects the application of Division 2 or section 23CB or 23CC. 23CF Accumulated VETSL debt discharged by death (1) Upon the death of a person who has an accumulated VETSL debt, the accumulated VETSL debt is taken to be discharged. (2) To avoid doubt, this section does not affect any compulsory VETSL repayment amounts required to be paid in respect of the accumulated VETSL debt, whether or not those amounts were assessed before the person's death. Note: Accumulated VETSL debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act 1966. Division 4—Voluntary discharge of debt 23DA Voluntary repayments (1) A person may at any time make a payment in respect of a debt that the person owes to the Commonwealth under this Part. (2) The payment must be made to the Commissioner. 23DB Application of voluntary repayments (1) Any money a person pays under this Division to meet the person's debts to the Commonwealth under this Part is to be applied in payment of those debts as the person directs at the time of the payment. (2) If the person has not given any directions, or the directions given do not adequately deal with the matter, any money available is to be applied as follows: (a) first, in discharge or reduction of any accumulated VETSL debt of the person; (b) secondly, in discharge or reduction of: (i) any VETSL debt of the person; or (ii) if there is more than one such debt, those debts in the order in which they were incurred. 23DC Refunding of payments If: (a) a person pays an amount to the Commonwealth under this Division; and (b) the amount exceeds the sum of: (i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Part; and (ii) the total amount of the person's primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953); the Commonwealth must refund to the person an amount equal to that excess. Division 5—Compulsory discharge of debt Subdivision A—Compulsory repayments 23EA Compulsory repayments (1) If: (a) a person's repayment income for an income year exceeds the minimum repayment income for the income year; and (b) on 1 June immediately preceding the making of an assessment in respect of the person's income of that income year, the person had an accumulated VETSL debt; the person is liable to pay to the Commonwealth, in accordance with this Division, so much of the person's repayable VETSL debt for the income year as does not exceed the amount worked out using the formula: where: applicable percentage of repayment income means the amount that is the percentage of the person's repayment income worked out in respect of the income year using the table in section 154‑20 of the Higher Education Support Act 2003. relevant income‑contingent loans liability means the amount that is the sum of any amounts the person is liable to pay under section 154‑1 or 154‑16 of the Higher Education Support Act 2003 in respect of the income year. (2) A person is not liable under this section to pay an amount for an income year if the amount worked out under subsection (1) is zero or less. (3) A person is not liable under this section to pay an amount for an income year if, under section 8 of the Medicare Levy Act 1986: (a) no Medicare levy is payable by the person on the person's taxable income for the income year; or (b) the amount of the Medicare levy payable by the person on the person's taxable income for the income year is reduced. 23EB Repayable VETSL debt for an income year (1) A person's repayable VETSL debt for an income year is: (a) the person's accumulated VETSL debt referred to in paragraph 23EA(1)(b) in relation to that income year; or (b) if one or more amounts: (i) have been paid in reduction of that debt; or (ii) have been assessed under section 23EE to be payable in respect of that debt; the amount (if any) remaining after deducting from that debt the amount, or sum of the amounts, so paid or assessed to be payable. (2) A reference in paragraph (1)(b) to an amount assessed to be payable is, if the amount has been increased or reduced by an amendment of the relevant assessment, a reference to the increased amount or the reduced amount. Subdivision B—Levy for overseas debtors 23EC Liability of overseas debtors to repay amounts (1) If: (a) a person is a foreign resident during an income year; and (b) the person's assessed worldwide income for the income year exceeds the minimum repayment income for the income year; and (c) on 1 June immediately preceding the making of an assessment in respect of the person's income of that income year, the person had an accumulated VETSL debt; the person is liable to pay to the Commonwealth, in accordance with this Division, a levy of the amount worked out under subsection (2). Note: An amount a person is liable to pay under this section is imposed as a levy under the Student Loans (Overseas Debtors Repayment Levy) Act 2015. (2) The amount of levy that a person is liable to pay under this section, in respect of an income year, is an amount equal to the difference between: (a) the amount that the person would have been liable to pay under section 23EA if: (i) the person had a repayment income for the income year of an amount equal to the person's assessed worldwide income for the income year; and (ii) subsection 23EA(3) did not apply to the person; and (b) the amount (if any) the person is liable to pay under section 23EA, in respect of the income year. 23ED Notices to be given to the Commissioner Notice relating to leaving Australia (1) A person who: (a) has an accumulated VETSL debt or otherwise has a VETSL debt that has not yet been discharged; and (b) leaves Australia (other than in circumstances specified in the rules) with the intention of remaining outside Australia for at least 183 days; must, no later than 7 days after leaving Australia, give a notice to the Commissioner in the approved form. Notice relating to absence from Australia (2) A person who: (a) has an accumulated VETSL debt or otherwise has a VETSL debt that has not yet been discharged; and (b) has been outside Australia for at least 183 days (other than in circumstances specified in the rules) in any 12 month period; and (c) was not required under subsection (1) to give a notice to the Commissioner in connection with that absence from Australia; must, no later than 7 days after the end of those 183 days, give a notice to the Commissioner in the approved form. Notice relating to income (including foreign‑sourced income) (3) A person who: (a) is a foreign resident; and (b) on 1 June immediately preceding an income year, had an accumulated VETSL debt; must (other than in circumstances specified in the rules) give to the Commissioner, in the approved form, a notice relating to the person's income (including foreign‑sourced income) for the income year. The notice must be given within the period specified in the form. Note: The Commissioner may defer the time for giving a notice: see section 388‑55 in Schedule 1 to the Taxation Administration Act 1953. Content of notices under this section (4) The rules may provide for the content of notices under this section. Subdivision C—Assessments 23EE Commissioner may make assessments The Commissioner may, from any information in the Commissioner's possession, whether from a return or otherwise, make an assessment of: (a) a person's accumulated VETSL debt on 1 June immediately before the making of the assessment; and (b) the amount required to be paid in respect of that debt under section 23EA or 23EC. 23EF Notification of notices of assessment of tax If: (a) the Commissioner is required to serve on a person a notice of assessment in respect of the person's income of an income year under section 174 of the Income Tax Assessment Act 1936; and (b) the Commissioner has made, in respect of the person, an assessment under section 23EE of this Act of the amounts referred to in that section; and (c) notice of the assessment under that section has not been served on the person; notice of the assessment under that section may be served by specifying the amounts concerned in the notice referred to in paragraph (a) of this section. 23EG Commissioner may defer making assessments (1) A person may apply in the approved form to the Commissioner for deferral of the making of an assessment in respect of the person under section 23EE. (2) The application must specify: (a) the income year for which the deferral is being sought; and (b) the reasons for seeking the deferral. (3) The income year specified in the application must be: (a) the income year in which the person makes the application; or (b) the immediately preceding income year; or (c) the immediately succeeding income year. (4) The Commissioner may, on application by a person under this section, defer making an assessment in respect of the person under section 23EE if the Commissioner is of the opinion that: (a) if the assessment were made, payment of the assessed amount would cause serious hardship to the person; or (b) there are other special reasons that make it fair and reasonable to defer making the assessment. (5) The Commissioner may defer making the assessment for any period the Commissioner thinks appropriate. (6) The Commissioner must, as soon as practicable after an application is made under this section: (a) consider the matter to which the application relates; and (b) notify the applicant of the Commissioner's decision on the application. Note: Deferrals of making assessments, or refusals of applications, are reviewable under Part 7. 23EH Commissioner may amend assessments (1) A person may apply in the approved form to the Commissioner for an amendment of an assessment made in respect of the person under section 23EE so that: (a) the amount payable under the assessment is reduced; or (b) no amount is payable under the assessment. (2) The application: (a) must be made within 2 years after the day on which the Commissioner gives notice of the assessment to the person; or (b) must specify the reasons justifying a later application. (3) The Commissioner may, on application by a person under this section, amend an assessment made in respect of the person under section 23EE so that: (a) the amount payable under the assessment is reduced; or (b) no amount is payable under the assessment; if the Commissioner is of the opinion that: (c) payment of the assessed amount has caused or would cause serious hardship to the person; or (d) there are other special reasons that make it fair and reasonable to make the amendment. (4) The Commissioner must, as soon as practicable after an application is made under this section: (a) consider the matter to which the application relates; and (b) notify the applicant of the Commissioner's decision on the application. Note: Amendments of assessments, or refusals of applications, are reviewable under Part 7. Division 6—Application of tax legislation 23FA Returns, assessments, collection and recovery Subject to Divisions 4 and 5 and this Division: (a) Part IV of the Income Tax Assessment Act 1936; and (b) Division 5 of the Income Tax Assessment Act 1997; and (c) Part 4‑15 in Schedule 1 to the Taxation Administration Act 1953; apply, so far as they are capable of application, in relation to a compulsory VETSL repayment amount of a person as if it were income tax assessed to be payable by a taxpayer by an assessment made under Part IV of the Income Tax Assessment Act 1936. 23FB Charges and civil penalties for failing to meet obligations (1) Part 4‑25 in Schedule 1 to the Taxation Administration Act 1953 has effect as if: (a) any compulsory VETSL repayment amount of a person were income tax payable by the person in respect of the income year in respect of which the assessment of that debt was made; and (b) paragraphs 17(1)(a) and 20(a), this Part and sections 97 and 107 of this Act were income tax laws (within the meaning of the Income Tax Assessment Act 1997). (2) Subsection (1) does not have the effect of making a person liable to a penalty for any act or omission that happened before the commencement of this subsection. 23FC Pay as you go (PAYG) withholding Part 2‑5 (other than section 12‑55 and Subdivisions 12‑E, 12‑F and 12‑G) in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of amounts of a compulsory VETSL repayment amount of a person as if the compulsory VETSL repayment amount were income tax. 23FD Pay as you go (PAYG) instalments Division 45 in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of a compulsory VETSL repayment amount of a person as if the compulsory VETSL repayment amount were income tax. 23FE Failures to comply with section 23ED Part III of the Taxation Administration Act 1953 applies in relation to a failure to comply with section 23ED of this Act as if that section were a taxation law (within the meaning of section 2 of that Act). 23FF Extent of Commissioner's general administration of this Act The Commissioner has the general administration of this Act to the following extent: (a) paragraphs 17(1)(a) and 20(a) (loan applications to include tax file numbers); (b) this Part; (c) Part 7 so far as it relates to reviewable decisions for which the Commissioner is the decision maker; (d) section 97 (Commissioner may disclose VET information); (e) section 107 (verifying tax file numbers). Note: One effect of this is that this Act is to that extent a taxation law for the purposes of the Taxation Administration Act 1953. Part 4—Approved course providers Division 1—Approving course providers 24 Meaning of approved course provider A body approved by the Secretary under this Division is an approved course provider. 25 Secretary may approve a body (1) The Secretary may approve a body as an approved course provider if the Secretary is satisfied that the body meets the course provider requirements. (2) To meet the course provider requirements the body must: (a) be a body corporate that is not a trustee; and (b) be established under the law of the Commonwealth, a State or a Territory; and (c) carry on business in Australia and have its central management and control in Australia; and (d) be a registered training organisation; and (e) meet the provider suitability requirements; and (f) be a fit and proper person; and (h) be a member of an approved external dispute resolution scheme. Note: If Part IIE of the Ombudsman Act 1976 (VET Student Loans Ombudsman) is an external dispute resolution scheme, all approved course providers are taken to be members of the scheme (see section 42BA). (3) The Secretary may, in writing, exempt a body from the requirement in paragraph (2)(h) to be a member of an approved external dispute resolution scheme. (4) An exemption under subsection (3) is subject to such conditions as are specified in the exemption. 26 Provider suitability requirements (1) The rules may set out provider suitability requirements for the purposes of ensuring that loan amounts are paid to suitable course providers. (2) The provider suitability requirements may deal with the following in relation to a course provider: (a) financial performance; (b) management and governance; (c) experience in providing vocational education; (d) scope of courses; (e) fees and modes of delivery for courses; (f) student outcomes; (g) industry links. (3) Subsection (2) does not limit the provider suitability requirements. 27 Listed course providers may be taken to meet requirements (1) The rules may provide for a listed course provider to be taken to meet one or more course provider requirements. (2) Each of the following is a listed course provider as long as it is a registered training organisation: (a) a Table A provider; (b) a Table B provider; (c) a body established to provide vocational education or training under one of the following: (i) the Technical and Further Education Commission Act 1990 (NSW); (ii) the Education and Training Reform Act 2006 (Vic.); (iii) the TAFE Queensland Act 2013 (Qld); (iv) the Vocational Education and Training Act 1996 (WA); (v) the TAFE SA Act 2012 (SA); (vi) the Training and Workforce Development Act 2013 (Tas.); (vii) the Canberra Institute of Technology Act 1987 (ACT); (d) a training organisation owned by the Commonwealth, a State or a Territory; (e) a body specified in the rules. 28 Application for approval (1) A body may apply to the Secretary for approval as an approved course provider. (2) The application must be: (a) in the form approved by the Secretary; and (b) accompanied by the application fee for the application. (3) The Secretary may: (a) request the applicant to provide further information for the purposes of deciding the application; and (b) require some or all of the further information to be provided as a statutory declaration. (4) The rules may set out requirements in relation to applying for approval. 29 Period of approval (1) Approval as an approved course provider has effect for the period specified in the approval. (2) The period must not be more than 7 years. (3) This section has effect subject to section 33. 30 Decisions about approval (1) This section applies if: (a) a body applies to the Secretary for approval as an approved course provider; and (b) the Secretary considers and decides the application. Note: The Secretary is not required to consider or decide an application for approval as an approved course provider: see section 32. (2) The Secretary must give written notice of the decision to the body. (3) The notice must: (a) be given in accordance with any requirements set out in the rules; and (b) if the Secretary decides to approve the body for a period of less than 7 years—include the reasons for the period being less than 7 years. 31 Fees for applications (1) The Secretary may, by legislative instrument, prescribe fees, or a method of working out fees, for making applications for approval as an approved course provider. (2) A fee for making an application for app