61Advances

61  Advances  (1) The *Secretary may determine that an advance is to be made to a *VET provider on account of an amount that is expected to become payable under a provision of this Schedule to the provider.  (1A) The *Secretary may vary or revoke a determination that an advance is to be made to a *VET provider if:  (a) the Secretary is satisfied that the provider has not complied with this Schedule and the regulations (if any) relating to this Schedule, and the *VET Guidelines that apply to the provider; or  (b) the Secretary is aware of information that suggests that the provider may not comply with this Schedule and the regulations (if any) relating to this Schedule, and the VET Guidelines that apply to the provider; or  (c) the Secretary is aware of information that suggests that the provider may not remain financially viable.  (1B) In deciding whether to take action under subclause (1A), the *Secretary may consider any or all of the following matters:  (a) in the case of non‑compliance or possible non‑compliance by the *VET provider:  (i) whether the non‑compliance or possible non‑compliance is of a minor or major nature; and  (ii) the period for which the provider has been approved as a VET provider; and  (iii) the provider’s history of compliance with this Schedule and the regulations (if any) relating to this Schedule, and the *VET Guidelines that apply to the provider;  (b) in any case, the impact of the VET provider’s non‑compliance, possible non‑compliance or possible lack of financial viability, and of the proposed variation or revocation of the determination, on:  (i) the VET provider’s students; and  (ii) vocational education and training provided by the VET provider; and  (iii) the provision of vocational education and training generally;  (c) in any case, the public interest;  (d) in any case, any other matters specified in the VET Guidelines.  (2) If the advance exceeds the amount that becomes payable, an amount equal to the excess may be:  (a) deducted from any amount that is payable, or to be paid, to the provider under this Schedule; or  (aa) deducted by the Commonwealth from any amount that is payable, or to be paid, to the provider:  (ii) if the provider is an approved course provider under the VET Student Loans Act 2016—under section 19 of that Act; or  (3) If the provider uses the advance for a purpose other than that for which it was given, an amount equal to the advance may be:  (a) deducted from any amount that is payable, or to be paid, to the provider under this Schedule; or  (aa) deducted by the Commonwealth from any amount that is payable, or to be paid, to the provider:  (ii) if the provider is an approved course provider under the VET Student Loans Act 2016—under section 19 of that Act; or  (4) The conditions that would be applicable to a payment of the amount on account of which the advance is made are applicable to the advance.  (5) This clause does not affect determinations of advances under section 164‑10.