Chapter 1 — Introduction
Division 1 — Preliminary
s 1-1 Short title s 1-5 Commencement s 1-10 Identifying defined terms Division 2 — Objects
s 2-1 Objects of this Act Division 3 — Overview of this Act
s 3-1 General s 3-5 Grants for higher education assistance etc. (Chapter 2) s 3-10 Assistance to students (Chapter 3) s 3-15 Repayment of loans (Chapter 4) s 3-20 Administration (Chapter 5) s 3-30 VET FEE‑HELP Assistance Scheme (Schedule 1A) Division 5 — Application of Act to Table C providers
s 5-1 Application of Act to Table C providers Division 6 — Schedule 1A
s 6-1 Schedule 1A Chapter 2 — Grants for higher education assistance etc.
Division 8 — Introduction
s 8-1 What this Chapter is about Part 2-1 — Higher education providers
Division 13 — Introduction
s 13-1 What this Part is about s 13-5 The Higher Education Provider Guidelines Division 16 — What is a higher education provider?
Subdivision 16-A — General
s 16-1 Meaning of higher education provider s 16-5 When a body becomes or ceases to be a higher education provider Subdivision 16-B — Which bodies are listed providers?
s 16-10 Listed providers s 16-15 Table A providers s 16-20 Table B providers s 16-22 Table C providers Subdivision 16-C — How are bodies approved as higher education providers?
s 16-25 Approval by the Minister s 16-27 Body must be a registered higher education provider s 16-30 The tuition protection requirements s 16-40 Application s 16-45 Minister may seek further information s 16-50 Minister to decide application s 16-55 Approvals are legislative instruments s 16-60 Conditions of approval s 16-65 Minister to cause higher education provider to be notified of change in condition of approval s 16-70 Variation of approval if body’s name changes Division 19 — What are the quality and accountability requirements?
Subdivision 19-A — General
s 19-1 The quality and accountability requirements Subdivision 19-B — The financial viability requirements
s 19-5 Basic requirement s 19-10 Financial information must be provided s 19-12 Minister to have regard to financial information and matters prescribed in Higher Education Guidelines Subdivision 19-C — The quality requirements
s 19-15 Provider must maintain quality s 19-20 Certain providers must comply with the National Higher Education Code to Prevent and Respond to Gender‑based Violence Subdivision 19-D — The fairness requirements
s 19-30 Basic requirement s 19-35 Benefits and opportunities must be available equally to all students s 19-36 Misrepresenting assistance under Chapter 3 s 19-36A Offering certain inducements s 19-36B Engaging in cold‑calling s 19-36C Use of third party contact lists s 19-36D Other marketing requirements s 19-36E Requirements relating to requests for Commonwealth assistance s 19-37 Requiring membership of certain organisations or payment of certain amounts s 19-38 Higher education providers’ expenditure of student services and amenities fees s 19-39 At least 40% of student services and amenities fees must be allocated to student led organisations s 19-40 Higher education provider may make application in relation to transitional arrangements for student led organisations s 19-42 Assessment of students as academically suited s 19-43 Support for students policy s 19-45 Student grievance and review procedures s 19-50 Higher education providers to appoint review officers s 19-55 Review officers not to review own decisions s 19-60 Procedures relating to personal information Subdivision 19-E — The compliance requirements
s 19-65 Basic requirements s 19-66 Higher education provider charge s 19-66A Tuition protection requirements s 19-67 Special requirements for student services, amenities, representation and advocacy in 2012 and later years s 19-70 Provider to provide statement of general information s 19-71 Co‑operation with HESA and TEQSA investigators s 19-72 Providers must keep records s 19-73 Providers must publish information s 19-75 Notice of events that affect provider’s ability to comply with conditions of Commonwealth assistance s 19-77 Notice of events affecting accreditation s 19-78 Notice of events significantly affecting TEQSA registration s 19-80 Compliance assurance s 19-82 Compliance notices Subdivision 19-F — What are the contribution and fee requirements?
s 19-85 Basic requirement s 19-87 Determining student contribution amounts for all places in units s 19-90 Determining tuition fees for all students s 19-92 Determining accelerator program course fees for all students s 19-95 Schedules of student contribution amounts for places and tuition fees s 19-97 Schedules of accelerator program course fees s 19-100 Limits on fees for courses of study s 19-102 Meaning of fee s 19-105 Meaning of tuition fee Subdivision 19-G — The compact and academic freedom requirements
s 19-110 Table A providers and Table B providers—compacts must be in force s 19-115 Provider to have policy upholding freedom of speech and academic freedom Division 22 — When does a body cease to be a higher education provider?
Subdivision 22-A — General
s 22-1 Cessation of approval as a provider Subdivision 22-AA — Revocation of approval if registration ceases or winding up order made
s 22-2 Automatic revocation of approval if registration ceases s 22-3 Automatic revocation of approval if winding up order made Subdivision 22-B — Revocation for cause
s 22-5 Revocation of approval if application for approval as a provider is false or misleading s 22-7 Revocation of approval if providing education and/or conducting research ceases to be the body’s principal purpose s 22-10 Revocation of approval if status or accreditation changes s 22-15 Revocation of approval as a provider for a breach of conditions or the quality and accountability requirements s 22-17 Revocation of approval as a provider if provider etc. not a fit and proper person Subdivision 22-C — Process for decisions on revocation under Subdivision 22‑B
s 22-20 Process for revoking approval s 22-25 Determination retaining approval as a provider in respect of existing students s 22-30 Suspension of approval as a provider s 22-32 Determination retaining approval as a provider in respect of existing students following suspension of approval Subdivision 22-D — Revocation of approval on application
s 22-40 Revocation of approval as a provider on application Subdivision 22-E — Notice of approval or revocation ceasing to have effect under the Legislation Act 2003
s 22-45 Notice of approval ceasing to have effect under the Legislation Act 2003 s 22-50 Notice of revocation ceasing to have effect under the Legislation Act 2003 Part 2-2 — Commonwealth Grant Scheme
Division 27 — Introduction
s 27-1 What this Part is about s 27-5 Commonwealth Grant Scheme Guidelines Division 30 — Eligibility for grants under this Part
Subdivision 30-A — Basic rules
s 30-1 Eligibility for grants Subdivision 30-B — Allocation of places for higher education courses
s 30-5 Determination of places available for allocation s 30-10 Higher education courses s 30-15 Allocation of places for higher education courses s 30-20 Requirements for allocations to Table A providers s 30-25 Core student load and additional growth allocation s 30-35 Requirements for allocations to non‑Table A providers s 30-40 Priority classes of courses s 30-45 ATEC must take into account and publish strategic priorities etc s 30-50 Allocations etc. to be published Subdivision 30-C — Allocation of places for demand driven and medical courses
s 30-55 Allocation of places for demand driven higher education courses s 30-60 Demand driven higher education courses s 30-65 Allocation of places for medical courses s 30-70 Medical courses s 30-75 Allocations to be published Division 33 — How are grant amounts worked out?
Subdivision 33-A — Basic rule
s 33-1 How grant amount is worked out Subdivision 33-B — Total basic grant amounts
s 33-5 Total basic grant amount—Table A providers s 33-6 Total basic grant amount—non‑Table A providers s 33-7 Funding clusters s 33-10 Commonwealth contribution amounts and grandfathered Commonwealth contribution amounts s 33-15 Average cluster rate s 33-30 Working out the number of Commonwealth supported places provided s 33-31 Verified student data etc s 33-35 Funding clusters, or parts of funding clusters, in which units are included Subdivision 33-C — Adjustments
s 33-37 Adjustments for breach of section 19‑37 s 33-38 Adjustments for places provided in excess of allocation s 33-39 Default deemed allocation s 33-39A Key concepts relating to deemed allocations for transitioning Table A providers Subdivision 33-D — Special purpose advances
s 33-40 Advances for certain purposes Division 36 — What are the conditions of receiving a grant?
Subdivision 36-A — General
s 36-1 Condition of grant to comply with this Division Subdivision 36-B — Conditions relating to Commonwealth supported students
s 36-5 Meaning of Commonwealth supported student s 36-10 Advice on whether a person is a Commonwealth supported student—general s 36-12 Advice on whether a person is a Commonwealth supported student—unreasonable study load s 36-15 Persons not to be advised they are Commonwealth supported s 36-20 Providers to repay amounts—special circumstances s 36-21 Special circumstances s 36-22 Application period s 36-23 Dealing with applications s 36-24A Providers to repay amounts—provider defaults s 36-24B Providers to repay amounts—no tax file numbers s 36-24BA Providers to repay amounts—person’s SLE amount re‑credited in special circumstances s 36-24BB Providers to repay amounts—provider completes request for assistance s 36-24BC Providers to repay amounts—person not entitled to assistance s 36-24C Secretary may act if provider is unable to Subdivision 36-C — Conditions relating to enrolment
s 36-25 Continued support for Commonwealth supported students s 36-30 Providers to enrol persons as Commonwealth supported students s 36-40 Providers to cancel enrolments in certain circumstances Subdivision 36-D — Conditions relating to student contribution amounts
s 36-45 Limits on student contribution amounts Subdivision 36-E — Conditions relating to tuition fees
s 36-55 Tuition fees for non‑Commonwealth supported students Subdivision 36-F — Other conditions
s 36-60 Providers to meet the quality and accountability requirements s 36-65 Medical course providers to comply with conditions determined by Minister s 36-70 Providers to comply with the Commonwealth Grant Scheme Guidelines Division 37 — Evaluation of operation of this Part
s 37-1 Evaluation of operation of amendments to this Part Part 2-2A — Indigenous student assistance grants
Division 38 — Indigenous student assistance grants
s 38-1 What this Part is about s 38-5 Indigenous Student Assistance Grants Guidelines s 38-10 Eligibility for grants under this Part s 38-15 Guidelines may provide for grants s 38-20 Approval of grants s 38-25 Conditions on grants s 38-30 Amounts of grants s 38-35 Amounts payable under this Part s 38-40 Rollover of grant amounts s 38-45 Maximum payments for grants under this Part Part 2-3 — Other grants
Division 41 — Other grants
s 41-1 What this Part is about s 41-5 The Other Grants Guidelines s 41-10 Eligibility for grants under this Part s 41-15 Grants may be paid under programs s 41-20 Approval of grants s 41-25 Conditions on grants s 41-30 Amount of a grant s 41-35 Amounts payable under this Part s 41-40 Rollover of grant amounts s 41-45 Maximum payments for other grants under this Part s 41-95 Alternative constitutional bases Division 42 — Australia’s Economic Accelerator
Subdivision 42-A — Research commercialisation strategy and investment plan
s 42-1 Research commercialisation strategy s 42-5 Investment plan Subdivision 42-B — Advisory Board
s 42-10 Australia’s Economic Accelerator Advisory Board s 42-15 Functions of the AEA Advisory Board s 42-20 Annual report s 42-25 Membership of the AEA Advisory Board s 42-30 Appointment of members of the AEA Advisory Board s 42-35 Acting AEA Advisory Board members s 42-40 Remuneration and allowances s 42-45 Leave of absence s 42-50 Disclosure of interests to the Minister s 42-55 Disclosure of interests to the AEA Advisory Board s 42-60 Resignation s 42-65 Termination s 42-70 Other terms and conditions Subdivision 42-C — Priority managers
s 42-75 Priority managers Part 2-4 — Commonwealth scholarships
Division 46 — Commonwealth scholarships
s 46-1 What this Part is about s 46-5 The Commonwealth Scholarships Guidelines s 46-10 Classes of Commonwealth scholarships s 46-13 Eligibility of students to receive directly‑paid standard Commonwealth scholarships s 46-15 Eligibility of higher education providers to receive grants for certain Commonwealth scholarships s 46-20 Other matters relating to Commonwealth scholarships s 46-25 Condition of grants s 46-30 Amounts payable under this Part s 46-35 Rollover of grant amounts s 46-40 Maximum payments for Commonwealth scholarships Part 2-5 — Reduction and repayment of grants
Division 51 — Introduction
s 51-1 What this Part is about Division 54 — In what circumstances may a grant be reduced or required to be repaid?
s 54-1 Decision as to reduction or repayment of a grant s 54-5 Appropriateness of requiring reduction or repayment of grant Division 57 — What is the amount of a reduction or repayment?
s 57-1 Reduction in amount of grants s 57-5 Amount of the repayment Division 60 — How are decisions reducing a grant or requiring repayment of a grant made?
s 60-1 Procedure prior to decision s 60-5 Notification of decision s 60-10 When a decision takes effect Chapter 3 — Assistance to students
Division 65 — Introduction
s 65-1 What this Chapter is about Part 3-1 — Student Learning Entitlement
Division 70 — Introduction
s 70-1 What this Part is about s 70-5 The Student Learning Entitlement Guidelines Division 73 — Student Learning Entitlement and SLE amount
s 73-1 Student Learning Entitlement and SLE amount s 73-5 Ordinary SLE s 73-10 Additional SLE s 73-15 Lifelong SLE s 73-20 Student Learning Entitlement is not transferable s 73-25 Ceasing to be an eligible person Division 76 — Reduction of a person’s SLE amount
s 76-1 Reduction of a person’s SLE amount Division 79 — Re‑crediting a person’s SLE amount
Subdivision 79-A — Re‑crediting a person’s SLE amount in special circumstances
s 79-1 Re‑crediting a person’s SLE amount if special circumstances apply to the person s 79-5 Special circumstances s 79-10 Application period s 79-15 Dealing with applications Subdivision 79-B — Re‑crediting a person’s SLE amount if the person’s HELP balance is re‑credited
s 79-20 Re‑crediting a person’s SLE amount if the person’s HELP balance is re‑credited Division 82 — Unit of study covered by a person’s Student Learning Entitlement
s 82-1 Unit of study covered by a person’s Student Learning Entitlement—person’s SLE amount not exceeded at enrolment s 82-5 Unit of study covered by a person’s Student Learning Entitlement—person’s SLE amount exceeded at enrolment Part 3-2 — HECS‑HELP assistance
Division 87 — Introduction
s 87-1 What this Part is about s 87-5 The HECS‑HELP Guidelines Division 90 — Who is entitled to HECS‑HELP assistance?
s 90-1 Entitlement to HECS‑HELP assistance s 90-5 Citizenship or residency requirements Division 93 — How are amounts of HECS‑HELP assistance worked out?
s 93-1 The amount of HECS‑HELP assistance for a unit of study s 93-5 Student contribution amounts s 93-10 Maximum student contribution amount for a place s 93-15 Up‑front payments s 93-20 Amounts of HECS‑HELP assistance, FEE‑HELP assistance and VET FEE‑HELP assistance must not exceed the HELP balance Division 96 — How are amounts of HECS‑HELP assistance paid? s 96-1 Payments to higher education providers s 96-10 Implications for student’s liability to higher education provider for student contribution amount Division 97 — Re‑crediting of HELP balances in relation to HECS‑HELP assistance
s 97-23 Purpose s 97-25 Main case of re‑crediting a person’s HELP balance in relation to HECS‑HELP assistance s 97-27 Re‑crediting a person’s HELP balance in relation to HECS‑HELP assistance—no tax file number s 97-30 Special circumstances s 97-35 Application period s 97-40 Dealing with applications s 97-42 Re‑crediting a person’s HELP balance in relation to HECS‑HELP assistance—provider defaults s 97-45 Re‑crediting a person’s HELP balance in relation to HECS‑HELP assistance—provider completes request for assistance s 97-50 Re‑crediting a person’s HELP balance in relation to HECS‑HELP assistance—person not entitled to assistance s 97-55 Re‑crediting a person’s HELP balance in relation to HECS‑HELP debts incurred on or before 1 June 2025 Part 3-3 — FEE‑HELP assistance
Division 101 — Introduction
s 101-1 What this Part is about s 101-5 The FEE‑HELP Guidelines Division 104 — Who is entitled to FEE‑HELP assistance?
Subdivision 104-A — Basic rules
s 104-1 Entitlement to FEE‑HELP assistance s 104-1AA Student has unreasonable study load s 104-2 Failure by a student to complete previous units accessed through Open Universities Australia s 104-3 Failure by Open Universities Australia to comply with FEE‑HELP Guidelines etc s 104-4 Failure by Open Universities Australia to set tuition fees and census date s 104-5 Citizenship or residency requirements s 104-10 Course requirements s 104-12 Secretary may act if provider is unable to Subdivision 104-B — Re‑crediting HELP balances in relation to FEE‑HELP assistance
s 104-25 Main case of re‑crediting a person’s HELP balance in relation to FEE‑HELP assistance s 104-27 Re‑crediting a person’s HELP balance in relation to FEE‑HELP assistance—no tax file number s 104-30 Special circumstances s 104-35 Application period s 104-40 Dealing with applications s 104-42 Re‑crediting a person’s HELP balance if provider defaults or person elects re‑crediting s 104-43 Re‑crediting a person’s HELP balance in relation to FEE‑HELP assistance if not a genuine student s 104-44 Re‑crediting a person’s HELP balance in relation to FEE‑HELP assistance if provider completes request for assistance etc s 104-44A Re‑crediting a person’s HELP balance in relation to FEE‑HELP debts incurred on or before 1 June 2025 Subdivision 104-C — Bridging courses for overseas‑trained professionals
s 104-45 Meaning of bridging course for overseas‑trained professionals s 104-50 Assessment statements s 104-55 Meaning of assessing body s 104-60 Meaning of listed professional occupations s 104-65 Occupation includes part of an occupation s 104-70 Requirements for entry to an occupation Division 107 — How are amounts of FEE‑HELP assistance worked out?
s 107-1 The amount of FEE‑HELP assistance for a unit of study s 107-5 Up‑front payments s 107-10 Amounts of FEE‑HELP assistance, HECS‑HELP assistance and VET FEE‑HELP assistance must not exceed the HELP balance Division 110 — How are amounts of FEE‑HELP assistance paid? s 110-1 Payments s 110-5 Effect of HELP balance being re‑credited s 110-10 Implications for student’s liability to higher education provider for student tuition fee Part 3-4 — OS‑HELP assistance
Division 115 — Introduction
s 115-1 What this Part is about s 115-5 The OS‑HELP Guidelines Division 118 — Who is entitled to OS‑HELP assistance?
s 118-1 Entitlement to OS‑HELP assistance s 118-2 Entitlement to supplementary amount for Asian language study s 118-5 Citizenship or residency requirements s 118-7 Prior study requirements s 118-10 Overseas study requirements s 118-12 Student identifier requirements s 118-15 Selection of students for receipt of OS‑HELP assistance and supplementary amounts for Asian language study Division 121 — How are amounts of OS‑HELP assistance worked out?
s 121-1 The amount of OS‑HELP assistance for a period s 121-5 Maximum OS‑HELP (overseas study) amount s 121-10 Minimum OS‑HELP (overseas study) amount s 121-15 Maximum OS‑HELP (Asian language study) amount s 121-20 Minimum OS‑HELP (Asian language study) amount Division 124 — How are amounts of OS‑HELP assistance paid? s 124-1 Amounts of OS‑HELP assistance are lent to students Part 3-5 — SA‑HELP assistance
Division 125 — Introduction
s 125-1 What this Part is about Division 126 — Who is entitled to SA‑HELP assistance?
s 126-1 Entitlement to SA‑HELP assistance s 126-5 Citizenship or residency requirements s 126-10 Student identifier requirements Division 127 — How are amounts of SA‑HELP assistance worked out?
s 127-1 The amount of SA‑HELP assistance for a student services and amenities fee Division 128 — How are amounts of SA‑HELP assistance paid? s 128-1 Payments to higher education providers of loans to students s 128-5 Repayment by higher education provider if student does not have tax file number Part 3-6 — HELP balances
s 128-7 What this Part is about s 128-15 HELP balances s 128-20 HELP loan limit s 128-25 Re‑crediting HELP balance—discharge of HELP debt etc Part 3-7 — STARTUP‑HELP assistance
Division 128A — Introduction
s 128A-1 What this Part is about s 128A-5 The STARTUP‑HELP Guidelines Division 128B — Who is entitled to STARTUP‑HELP assistance?
s 128B-1 Entitlement to STARTUP‑HELP assistance s 128B-5 No entitlement: multiple courses at same time s 128B-10 No entitlement: not a genuine student s 128B-15 No entitlement: unreasonable study load s 128B-20 No entitlement: overseas campus s 128B-25 Accelerator program course s 128B-30 Citizenship or residency requirements s 128B-35 Selection of students for receipt of STARTUP‑HELP assistance s 128B-40 Allocation of STARTUP‑HELP assistance Division 128C — How are amounts of STARTUP‑HELP assistance worked out?
s 128C-1 The amount of STARTUP‑HELP assistance for an accelerator program course s 128C-5 Up‑front payments s 128C-10 Maximum accelerator program course fee Division 128D — How are amounts of STARTUP‑HELP assistance paid? s 128D-1 Payments to higher education providers s 128D-5 Repayment by higher education provider if STARTUP‑HELP assistance is reversed s 128D-10 Implications of reversal for person’s liability to higher education provider for accelerator program course fee Division 128E — Reversal of STARTUP‑HELP assistance
Subdivision 128E-A — Reversal in special circumstances
s 128E-1 Reversal of STARTUP‑HELP assistance: special circumstances s 128E-5 Special circumstances s 128E-10 Application period s 128E-15 Dealing with applications Subdivision 128E-B — Reversal in other circumstances
s 128E-20 Reversal of STARTUP‑HELP assistance: no tax file number s 128E-25 Reversal of STARTUP‑HELP assistance: higher education provider completes request for assistance s 128E-30 Reversal of STARTUP‑HELP assistance: no entitlement s 128E-35 Reversal of STARTUP‑HELP assistance: no assessment of whether academically suited s 128E-40 Reversal of STARTUP‑HELP assistance: material non‑compliance Chapter 4 — Repayment of loans
Division 129 — Introduction
s 129-1 What this Chapter is about Part 4-1 — Indebtedness
Division 134 — Introduction
s 134-1 What this Part is about s 134-5 HELP Debtor Guidelines Division 137 — How do HELP debts arise?
s 137-1 HELP debts s 137-5 HECS‑HELP debts s 137-10 FEE‑HELP debts s 137-15 OS‑HELP debts s 137-16 SA‑HELP debts s 137-17 STARTUP‑HELP debts s 137-18 VET FEE‑HELP debts s 137-19 Pre‑1 July 2019 VSL debts s 137-19A Reduction in HELP debts incurred between 1 January and 1 June 2025 s 137-20 HELP debt discharged by death Division 140 — How are accumulated HELP debts worked out?
Subdivision 140-A — Outline of this Division
s 140-1 Outline of this Division Subdivision 140-B — Former accumulated HELP debts
s 140-5 Working out a former accumulated HELP debt s 140-10 HELP debt indexation factor s 140-20 Publishing HELP debt indexation factors Subdivision 140-C — Accumulated HELP debts
s 140-25 Working out an accumulated HELP debt s 140-26 Reduction in HELP debts incurred before 1 January 2025 s 140-30 Rounding of amounts s 140-35 Accumulated HELP debt discharges earlier debts s 140-40 Accumulated HELP debt discharged by death Division 142 — Special measures for location‑preferred HELP debtors—teachers
s 142-1 Meaning of location‑preferred HELP debtor (teacher) s 142-5 Meaning of course of study in education s 142-10 Reducing indexation of accumulated HELP debts s 142-15 Reducing accumulated HELP debts s 142-20 Refunding amounts Division 144 — Special measures for location‑preferred HELP debtors—health practitioners
s 144-1 Meaning of location‑preferred HELP debtor (health practitioner) s 144-5 Reducing indexation of accumulated HELP debts s 144-10 Reducing accumulated HELP debts s 144-15 Refunding amounts s 144-20 Reviews of this Division Part 4-2 — Discharge of indebtedness
Division 148 — Introduction
s 148-1 What this Part is about s 148-3 The Overseas Debtors Repayment Guidelines Division 151 — How is indebtedness voluntarily discharged?
s 151-1 Voluntary repayments in respect of debts s 151-10 Application of voluntary repayments s 151-15 Refunding of payments Division 154 — How is indebtedness compulsorily discharged?
Subdivision 154-A — Liability to repay amounts
s 154-1 Liability to repay amounts s 154-5 Repayment income s 154-10 Minimum repayment income s 154-15 Repayable debt for an income year Subdivision 154-AA — Liability of overseas debtors to repay amounts
s 154-16 Liability of overseas debtors to repay amounts s 154-17 Assessed worldwide income s 154-18 Notices to be given to the Commissioner Subdivision 154-B — Amounts payable to the Commonwealth
s 154-20 Amounts payable to the Commonwealth s 154-25 Indexation of HELP repayment thresholds s 154-32 Amounts payable to the Commonwealth by overseas debtors Subdivision 154-C — Assessments
s 154-35 Commissioner may make assessments s 154-40 Notification of notices of assessment of tax s 154-45 Commissioner may defer making assessments s 154-50 Commissioner may amend assessments s 154-55 Higher education providers etc. to provide information to Commissioner Subdivision 154-D — Application of tax legislation
s 154-60 Returns, assessments, collection and recovery s 154-65 Charges and civil penalties for failing to meet obligations s 154-70 Pay as you go (PAYG) withholding s 154-80 Pay as you go (PAYG) instalments s 154-90 Failures to comply with section 154‑18 Chapter 5 — Administration
Division 159 — Introduction
s 159-1 What this Chapter is about s 159-5 The Administration Guidelines Part 5-1 — Payments by the Commonwealth
Division 164 — Payments by the Commonwealth
s 164-1 What this Part is about s 164-5 Time and manner of payments s 164-10 Advances s 164-15 Overpayments of Commonwealth grants s 164-17 Overpayments of Commonwealth scholarships to students s 164-18 Repayment of Commonwealth scholarships paid to students—breach of condition s 164-20 Rounding of amounts Part 5-1A — Tuition protection
Division 1 — Preliminary
s 166-1 What this Part is about s 166-5 Application of this Part s 166-10 When a higher education provider defaults in relation to a student Division 2 — Obligations when a provider defaults in relation to a student
s 166-15 Higher education providers must give notice of default to Higher Education Tuition Protection Director s 166-20 Higher education providers must give notice of default to affected students s 166-25 Obligation on providers in case of default s 166-26 Failure to discharge obligations s 166-26A Providers to notify of outcome of discharge of obligations s 166-26B Student placement service s 166-27 Obligations of providers to provide information about replacement courses s 166-30 Obligations of replacement providers s 166-32 Obligations of replacement providers regarding enrolment information s 166-35 Notification obligations where there is no replacement course or student elects re‑crediting s 166-40 Other tuition protection information must be provided s 166-45 Continuing application of Part to certain persons Part 5-1B — Higher Education Tuition Protection Fund, Higher Education Tuition Protection Director and Higher Education Tuition Protection Fund Advisory Board
Division 1 — Higher Education Tuition Protection Fund
s 167-1 Name of Fund s 167-5 Credits to the Higher Education Tuition Protection Fund s 167-10 Purposes of the Higher Education Tuition Protection Fund Division 2 — Higher Education Tuition Protection Director
s 167-15 Higher Education Tuition Protection Director s 167-20 Functions of the Higher Education Tuition Protection Director s 167-25 Administrative provisions relating to the Higher Education Tuition Protection Director Division 3 — Higher Education Tuition Protection Fund Advisory Board
s 167-30 Establishment and membership s 167-35 Function of the Higher Education Tuition Protection Fund Advisory Board s 167-40 Administrative provisions relating to the Higher Education Tuition Protection Fund Advisory Board Part 5-2 — Administrative requirements on higher education providers
Division 169 — Administrative requirements on higher education providers
s 169-1 What this Part is about s 169-5 Notices s 169-10 Correction of notices s 169-15 Charging student contribution amounts and tuition fees s 169-16 Charging accelerator program course fees s 169-17 Requirements relating to withdrawal from units of study s 169-18 Requirements relating to withdrawal from accelerator program courses s 169-20 Exempt students s 169-25 Determining census dates and EFTSL values s 169-27 Meaning of EFTSL s 169-28 Meaning of EFTSL value s 169-30 Communications with the Commonwealth concerning students etc s 169-35 6 week cut off for corrections affecting entitlement to Commonwealth assistance Part 5-3 — Electronic communications
Division 174 — Electronic communications
s 174-1 What this Part is about s 174-5 Guidelines may deal with electronic communications Part 5-4 — Management of information
Division 179 — Protection of personal information
s 179-1 What this Division is about s 179-5 Meaning of personal information s 179-10 Use of personal information s 179-15 Meanings of officer etc. and official employment s 179-20 When information is disclosed in the course of official employment s 179-25 Commissioner may disclose information s 179-30 Oath or affirmation to protect information s 179-35 Unauthorised access to, or modification of, personal information s 179-40 Officer may use information s 179-45 This Division does not limit disclosure or use of information Division 180 — Disclosure or use of Higher Education Support Act information
s 180-1 What this Division is about s 180-5 Meaning of Higher Education Support Act information s 180-10 Disclosure and use by Commonwealth officers s 180-15 Disclosure of information to TEQSA s 180-20 Disclosure of information to the National VET Regulator s 180-23 Disclosure of information to certain agencies s 180-25 Disclosure of information to other bodies s 180-28 Disclosure and use of information for the HELP program s 180-30 Use of information to conduct surveys s 180-35 This Division does not limit disclosure or use of information Division 181 — Protection, disclosure and use of Australia’s Economic Accelerator program information
s 181-1 What this Division is about s 181-5 Object of this Division s 181-10 Meaning of Australia’s Economic Accelerator program information s 181-15 Use of Australia’s Economic Accelerator program information s 181-20 Disclosure of Australia’s Economic Accelerator program information to Minister and staff s 181-25 Disclosure of Australia’s Economic Accelerator program information by Minister Division 182 — Other rules about information
s 182-1 Minister may seek information from TEQSA and relevant VET regulator Part 5-5 — Tax file numbers
Division 184 — Introduction
s 184-1 What this Part is about Division 187 — What are the tax file number requirements for assistance under Chapter 3?
s 187-1 Meeting the tax file number requirements s 187-2 Who is an appropriate officer? s 187-5 Student to notify tax file number when issued Division 190 — Who can the Commissioner notify of tax file number matters?
s 190-1 When tax file numbers are issued etc s 190-5 When tax file numbers are altered s 190-10 When tax file numbers are incorrectly notified—students with tax file numbers s 190-15 When tax file numbers are incorrectly notified—students without tax file numbers s 190-20 When applications are refused or tax file numbers are cancelled Division 193 — Other provisions relating to tax file numbers
s 193-1 Giving information about tax file number requirements s 193-5 No entitlement to HECS‑HELP assistance for students without tax file numbers s 193-10 No entitlement to FEE‑HELP assistance for students without tax file numbers s 193-15 No entitlement to SA‑HELP assistance for students without tax file numbers s 193-20 No entitlement to STARTUP‑HELP assistance for students without tax file numbers Part 5-6 — Indexation
Division 198 — Indexation
s 198-1 What this Part is about s 198-5 The amounts that are to be indexed s 198-10 Indexing amounts s 198-15 Meaning of indexation factor s 198-20 Meaning of index number Part 5-7 — Review of decisions
Division 203 — Introduction
s 203-1 What this Part is about Division 206 — Which decisions are subject to review?
s 206-1 Reviewable decisions etc s 206-5 Deadlines for making reviewable decisions s 206-10 Decision maker must give reasons for reviewable decisions Division 209 — How are decisions reconsidered?
s 209-1 Reviewer of decisions s 209-5 Reviewer may reconsider reviewable decisions s 209-10 Reconsideration of reviewable decisions on request Division 212 — Which decisions are subject to ART review?
s 212-1 ART review of reviewable decisions Part 5-8 — Regulatory powers
s 215-1 What this Part is about s 215-5 Monitoring powers s 215-10 Investigation powers s 215-15 Civil penalty provisions s 215-20 Infringement notices s 215-25 Enforceable undertakings s 215-30 Injunctions s 215-35 Appointment of investigators s 215-40 Delegation of regulatory powers s 215-45 Contravening offence and civil penalty provisions s 215-50 Certain references to higher education provider include references to agent s 215-55 Other enforcement action Chapter 7 — Miscellaneous
s 238-1A Giving false or misleading information s 238-1 Delegations by Secretary s 238-5 Delegations by Minister s 238-5A Delegations by the ATEC s 238-6 Delegations by Higher Education Tuition Protection Director s 238-7 Review of operation of tuition protection s 238-8 Extent of Commissioner’s general administration of this Act s 238-10 Guidelines s 238-12 Appropriation s 238-15 Regulations Schedule 1A — VET FEE‑HELP Assistance Scheme s 1 What this Schedule is about Part 1 — VET providers
Division 1 — Introduction
s 2 What this Part is about s 3 The VET Guidelines Division 3 — What is a VET provider?
Subdivision 3-A — General
s 4 Meaning of VET provider s 5 When a body becomes or ceases to be a VET provider Subdivision 3-B — How are bodies approved as VET providers?
s 6 Approval by the Minister s 7 The VET tuition assurance requirements s 8 VET tuition assurance requirements exemption for approvals s 9 Application s 10 Minister may seek further information s 11 Minister to decide application s 12 Approvals are legislative instruments s 12A Conditions of approval s 12B Minister to cause VET provider to be notified of change in condition of approval s 12C Variation of approval if body’s name changes Division 4 — What are the VET quality and accountability requirements?
Subdivision 4-A — General
s 13 The VET quality and accountability requirements Subdivision 4-B — The VET financial viability requirements
s 14 Basic requirement s 15 Financial information must be provided s 16 Minister to have regard to financial information Subdivision 4-C — The VET quality requirements
s 17 Provider must maintain quality Subdivision 4-D — The VET fairness requirements
s 18 Equal benefits and opportunity requirements s 19 Student grievance and review requirements s 20 Tuition assurance requirements s 21 VET providers to appoint review officers s 22 Review officers not to review own decisions s 23 Procedures relating to personal information Subdivision 4-E — The VET compliance requirements
s 23A Basic requirement s 23B Entry procedure for students s 23C Receiving requests for Commonwealth assistance s 24 VET provider to provide statement of general information s 25 Notice of events that affect provider’s ability to comply with VET quality and accountability requirements s 25A Copy of notice given to National VET Regulator about material changes s 26 Compliance assurance—provider s 26A Compliance notices Subdivision 4-F — The VET fee requirements
s 27 Determining tuition fees for all students s 27A Requirements in the VET Guidelines s 28 Schedules of VET tuition fees Division 5 — Revocation of VET provider approvals
s 29 Revocation of approval Division 5A — Civil penalty provisions and enforcement
Subdivision 5A-A — Civil penalty provisions
s 39DA Civil penalty provisions s 39DB Civil penalty—publishing information that suggests VET FEE‑HELP assistance is not a loan etc s 39DC Civil penalty—inappropriate inducements s 39DD Appropriate and inappropriate inducements s 39DE Civil penalty—failure to provide VET FEE‑HELP notices s 39DF Civil penalty—failure to comply with student requests s 39DG Civil penalty—charging a fee etc. for a student to cancel an enrolment or request for assistance s 39DH Civil penalty—accepting requests for Commonwealth assistance etc. when student not entitled s 39DI Civil penalty—failure to advise about requests etc s 39DJ Civil penalty—failure to apportion fees appropriately s 39DK Civil penalty—failure to publish fees s 39DL Civil penalty—failure to report data Subdivision 5A-B — Infringement notices
s 39EA Infringement notices s 39EB Infringement officers s 39EC Relevant chief executive Subdivision 5A-C — Monitoring and investigation powers
s 39FA Monitoring powers s 39FB Monitoring powers—persons exercising relevant roles etc s 39FC Investigation powers s 39FD Investigation powers—persons exercising relevant roles etc Subdivision 5A-D — Other matters
s 39GA Appointment of investigators s 39GB Functions and powers s 39GC Delegation by relevant chief executive etc s 39GD Other enforcement action Part 2 — VET FEE‑HELP assistance
Division 6 — Introduction
s 40 What this Part is about s 41 The VET Guidelines Division 7 — Who is entitled to VET FEE‑HELP assistance?
Subdivision 7-A — Basic rules
s 43 Entitlement to VET FEE‑HELP assistance s 44 Citizenship or residency requirements s 45 Course requirements s 45A VET unit of study not undertaken as part of VET course of study s 45B Entry procedure requirements s 45C Request for Commonwealth assistance requirements s 45D Notional VET FEE‑HELP accounts s 45E Effect of VET FEE‑HELP account being in deficit at the end of a calendar year Subdivision 7-B — Re‑crediting HELP balances in relation to VET FEE‑HELP assistance
s 46 Main case of re‑crediting a person’s HELP balance in relation to VET FEE‑HELP assistance s 46A Re‑crediting a person’s HELP balance in relation to VET FEE‑HELP assistance—unacceptable conduct by provider or provider’s agent s 46AA Re‑crediting a person’s HELP balance in relation to VET FEE‑HELP assistance—inappropriate conduct by provider or provider’s agent s 46B Re‑crediting a person’s HELP balance in relation to VET FEE‑HELP assistance—VET FEE‑HELP account in deficit at the end of a calendar year s 47 Re‑crediting a person’s HELP balance—no tax file number s 48 Special circumstances s 49 Application period s 50 Dealing with applications s 51 Re‑crediting a person’s HELP balance in relation to VET FEE‑HELP assistance if provider ceases to provide course of which unit forms part s 51AA Re‑crediting a person’s HELP balance in relation to VET FEE‑HELP debts incurred on or before 1 June 2025 s 51A Implications for the student’s liability to the VET provider for the VET tuition fee Division 8 — How are amounts of VET FEE‑HELP assistance worked out?
s 52 The amount of VET FEE‑HELP assistance for a VET unit of study s 53 Up‑front payments s 54 Amounts of VET FEE‑HELP assistance, HECS‑HELP assistance and FEE‑HELP assistance must not exceed the HELP balance Division 9 — How are amounts of VET FEE‑HELP assistance paid? s 55 Payments s 56 Effect of HELP balance being re‑credited Part 3 — Administration
Division 10 — Introduction
s 57 What this Part is about s 58 The VET Guidelines Division 11 — Payments by the Commonwealth
s 59 What this Division is about s 60 Time and manner of payments s 61 Advances s 61A Amounts owed by VET providers may be set off against amounts payable under this Act or the VET Student Loans Act 2016 s 62 Rounding of amounts Division 12 — Administrative requirements on VET providers
s 63 What this Division is about s 64 Notices s 65 Correction of notices s 66 Charging VET tuition fees s 67 Determining census dates s 68 Communications with the Commonwealth concerning students etc Division 13 — Electronic communications
s 69 What this Division is about s 70 Guidelines may deal with electronic communications Division 14 — Management of information
s 71 What this Division is about s 72 Meaning of VET personal information s 73 Use of VET personal information s 74 Meanings of VET officer etc. and official employment s 75 When information is disclosed in the course of official employment s 76 Commissioner may disclose information s 77 Oath or affirmation to protect information s 78 Unauthorised access to, or modification of, VET personal information s 78A Officer may use information s 78B This Division does not limit disclosure or use of information Division 15 — Tax file numbers
Subdivision 15-A — Introduction
s 79 What this Division is about Subdivision 15-B — What are the tax file number requirements for assistance under Part 2?
s 80 Meeting the tax file number requirements s 81 Who is an appropriate officer? s 82 Student to notify tax file number when issued Subdivision 15-C — Who can the Commissioner notify of tax file number matters?
s 83 When tax file numbers are issued etc s 84 When tax file numbers are altered s 85 When tax file numbers are incorrectly notified—students with tax file numbers s 86 When tax file numbers are incorrectly notified—students without tax file numbers s 87 When applications are refused or tax file numbers are cancelled Subdivision 15-D — Other provisions relating to tax file numbers
s 88 Giving information about tax file number requirements s 89 No entitlement to VET FEE‑HELP assistance for students without tax file numbers Division 16 — Review of decisions
Subdivision 16-A — Introduction
s 90 What this Division is about Subdivision 16-B — Which decisions are subject to review?
s 91 Reviewable VET decisions etc s 92 Deadlines for making reviewable VET decisions s 93 Decision maker must give reasons for reviewable VET decisions Subdivision 16-C — How are decisions reconsidered?
s 94 Reviewer of decisions s 95 Reviewer may reconsider reviewable VET decisions s 96 Reconsideration of reviewable VET decisions on request Subdivision 16-D — Which decisions are subject to ART review?
s 97 ART review of reviewable VET decisions Part 4 — Miscellaneous
s 97A Compensation for acquisition of property s 98 Delegations by Secretary s 99 VET Guidelines Schedule 1 — Dictionary s 1 Definitions s 2 Meanings of CPI index number and WPI index number