Div 45in 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 repayment amount of a person as if the compulsory repayment amount were *income tax.

  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 repayment amount of a person as if the compulsory repayment amount were *income tax. 154‑90  Failures to comply with section 154‑18   Part III of the Taxation Administration Act 1953 applies in relation to a failure to comply with section 154‑18 of this Act as if that section were a taxation law (within the meaning of section 2 of that Act). Chapter 5—Administration   Division 159—Introduction 159‑1  What this Chapter is about This Chapter deals with the following administrative matters: • payments made by the Commonwealth under this Act (see Part 5‑1); • tuition protection (see Part 5‑1A); • the Higher Education Tuition Protection Fund, the Higher Education Tuition Protection Director and the Higher Education Tuition Protection Fund Advisory Board (see Part 5‑1B); • administrative requirements that are imposed on higher education providers (see Part 5‑2); • electronic communication between higher education providers and students (see Part 5‑3); • management of information (see Part 5‑4); • tax file numbers of students (see Part 5‑5); • indexation of certain amounts (see Part 5‑6); • reconsideration and administrative review of certain decisions (see Part 5‑7); • the application of the Regulatory Powers Act, including in relation to monitoring and investigation powers, civil penalties, infringement notices, enforceable undertakings and injunctions (see Part 5‑8). 159‑5  The Administration Guidelines   Administrative matters are also dealt with in the Administration Guidelines. The provisions of this Chapter may indicate when a particular matter is or may be dealt with in these Guidelines. Note: The Administration Guidelines are made by the Minister under section 238‑10. Part 5‑1—Payments by the Commonwealth Division 164—Payments by the Commonwealth 164‑1  What this Part is about This Part contains general provisions relating to how the Commonwealth makes payments under this Act. 164‑5  Time and manner of payments  (1) Amounts payable by the Commonwealth to a higher education provider or other body under this Act are to be paid in such a way, including payment in instalments, as the Minister determines.  (2) Payments of amounts payable by the Commonwealth to a higher education provider or other body under this Act are to be made at such times as the *Secretary determines. 164‑10  Advances  (1) The *Secretary may determine that an advance is to be made to a higher education provider or other body on account of an amount that is expected to become payable under a provision of this Act to the provider or other body.  (1AA) The *Secretary may vary or revoke a determination made under subsection (1).  (1A) 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 or body under this Act; or  (b) recovered by the Commonwealth from the provider or body as a debt due to the Commonwealth.  (1B) If the provider or other body 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 or body under this Act; or  (b) recovered by the Commonwealth from the provider or body as a debt due to the Commonwealth.  (2) 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.  (3) This section does not affect the Minister’s power to determine under section 33‑40 that an advance is payable to a higher education provider. 164‑15  Overpayments of Commonwealth grants   An overpayment of an amount made to a higher education provider or other body under Part 2‑2, 2‑2A, 2‑3 or 2‑4 may, in whole or part, be:  (a) deducted from any amount that is payable, or to be paid, to that provider or body under Part 2‑2, 2‑2A, 2‑3 or 2‑4; or  (b) recovered by the Commonwealth from that provider or body as a debt due to the Commonwealth. 164‑17  Overpayments of Commonwealth scholarships to students   An overpayment of an amount paid, or purportedly paid, to a person by way of a *Commonwealth scholarship under section 46‑13 may, in whole or part, be:  (a) deducted from any amount that is payable, or to be paid, to that person under that section; or  (b) recovered by the Commonwealth from that person as a debt due to the Commonwealth. 164‑18  Repayment of Commonwealth scholarships paid to students—breach of condition  (a) an amount is paid to a person by way of a *Commonwealth scholarship under section 46‑13; and  (b) the person breaches a condition of the Commonwealth scholarship.  (2) The amount may, in whole or part, be:  (a) deducted from any amount that is payable, or to be paid, to that person under that section; or  (b) recovered by the Commonwealth from that person as a debt due to the Commonwealth. 164‑20  Rounding of amounts   If an amount payable by the Commonwealth under this Act is an amount made up of dollars and cents, round the amount down to the nearest dollar. Part 5‑1A—Tuition protection 166‑1  What this Part is about Certain higher education providers who default in delivering a unit of study to a student receiving or entitled to FEE‑HELP assistance or HECS‑HELP assistance for the unit must give information about the default to the Higher Education Tuition Protection Director and to the student. If the student has made an up‑front payment for the unit the provider may also have obligations under Part 5A of the Tertiary Education Quality and Standards Agency Act 2011 in relation to the default. The provider must assist the student to find a replacement unit or replacement course, or the provider must re‑credit the student’s HELP balance (and offer the student a choice about this). If the provider fails to discharge this obligation, the Director must offer the student a suitable replacement course. If the Director is not satisfied that there is a suitable replacement course, or if the student elects re‑crediting, the student’s HELP balance is re‑credited. 166‑5  Application of this Part  (1) This Part applies to higher education providers other than:  (a) *Table A providers; or  (b) providers of a kind prescribed by the Higher Education Provider Guidelines.  (2) Despite subsection (1), the Minister may, by written notice, determine that this Part:  (a) applies to a specified higher education provider; or  (b) does not apply to a specified higher education provider; if the Minister considers it appropriate that this Part applies, or does not apply, to the provider.  (2A) In deciding whether it is appropriate that this Part applies, or does not apply, to a specified higher education provider, the Minister must have regard to the following:  (a) the risk of the provider *defaulting in relation to one or more students;  (b) whether the provider is financially viable and likely to remain financially viable;  (c) any non‑compliance, or risk of future non‑compliance, with this Act or legislative instruments made under this Act;  (d) any advice given to the Minister by the *Secretary, *TEQSA or the *Higher Education Tuition Protection Director in relation to any of the matters referred to in paragraphs (a) to (c);  (e) any other matter the Minister considers appropriate.  (3) A determination under subsection (2):  (a) may be made either unconditionally or subject to conditions; and  (b) may be expressed to be in force indefinitely or for a specified period.  (4) A determination made under subsection (2) is not a legislative instrument.  (5) Despite subsection (1), sections 166‑27, 166‑30 and 166‑32 apply to all higher education providers. Note: Section 166‑27 deals with provider obligations to provide information about replacement courses, section 166‑30 deals with obligations of providers who provide replacement courses and section 166‑32 deals with the requirement of providers who provide replacement courses to keep up‑to‑date enrolment information. 166‑10  When a higher education provider defaults in relation to a student  (1) A higher education provider defaults in relation to a student if:  (a) the provider fails to start to provide a unit of study to the student on the day on which the unit was scheduled to start; and  (b) the student has not withdrawn before that day; and  (c) the student was entitled, or would have been entitled, to *FEE‑HELP assistance or *HECS‑HELP assistance for the unit of study. Note: If the student has made any up‑front payments in relation to the unit of study or any other affected units of the original course the provider may also have defaulted in relation to the student under the TEQSA Act: see section 62C of that Act.  (2) A higher education provider defaults in relation to a student if:  (a) the provider ceases to provide a unit of study to the student on a day after the unit starts but before it is completed; and  (b) the student has not withdrawn before that day; and  (c) the student was entitled, or would have been entitled, to *FEE‑HELP assistance or *HECS‑HELP assistance for the unit of study.  (3) A higher education provider defaults in relation to a student if circumstances prescribed by the Higher Education Provider Guidelines apply in relation to the provider and the student. Division 2—Obligations when a provider defaults in relation to a student 166‑15  Higher education providers must give notice of default to Higher Education Tuition Protection Director Notifying the Higher Education Tuition Protection Director of default  (2) The higher education provider must, within 24 hours of the *default occurring, give written notice to the *Higher Education Tuition Protection Director of the circumstances of the default. Notifying the Higher Education Tuition Protection Director of details of default  (3) The higher education provider must, within 3 business days of the *default occurring, give a written notice to the *Higher Education Tuition Protection Director specifying:  (a) the following information in relation to each student in relation to whom the provider has defaulted:  (i) the student’s full name and contact details;  (ii) the units of study and the *course of study that the student was enrolled in at the time of the default;  (iii) the amount of the tuition fees for each unit of study that the student was enrolled in at the time of the default;  (iv) details about the payment of those tuition fees; and  (aa) advice as to:  (i) whether the provider intends to discharge its obligations to the student under section 166‑25; and  (ii) (if appropriate) how the provider intends to discharge those obligations; and  (b) any other matter prescribed by the Higher Education Provider Guidelines.  (4) If requested in writing by the *Higher Education Tuition Protection Director, the higher education provider must give to the Director a copy of a student’s record of results for the *units of study that the student has completed. Notice requirements  (5) A notice given under subsection (2) or (3) must comply with any requirements prescribed by the Higher Education Provider Guidelines.  (6) A higher education provider contravenes this subsection if the provider fails to comply with this section.  (7) A higher education provider commits an offence of strict liability if the provider contravenes this section. 166‑20  Higher education providers must give notice of default to affected students Notifying students of default  (2) The higher education provider must, within 24 hours of the *default occurring, give written notice of the default to the students in relation to whom the provider has defaulted. Notice requirements  (3) A notice given under subsection (2) must comply with any requirements prescribed by the Higher Education Provider Guidelines. 166‑25  Obligation on providers in case of default Provider obligations  (2) The provider must discharge its obligations to the student in accordance with this section, within the period (the provider obligation period) of 14 days after the day the provider *defaulted in relation to the student.  (3) The provider discharges its obligations to the student if:  (a) the provider arranges for the student to be offered a place in a suitable *replacement unit or suitable *replacement course and the student accepts the offer in writing; or  (b) the provider:  (i) re‑credits the student’s *HELP balance in accordance with subsection 97‑42(1) or 104‑42(1) (as the case requires); and  (ii) pays an amount to the Commonwealth in accordance with subsection 36‑24A(2) or 110‑5(1) (as the case requires). Suitable replacement units or suitable replacement courses  (4) The provider must identify whether:  (a) there are one or more suitable *replacement units or suitable *replacement courses for the student; or  (b) there is no suitable replacement unit or suitable replacement course for the student. Matters relating to whether a course is a suitable replacement course  (5) In identifying whether there is a suitable *replacement course, the provider must have regard to the following matters:  (a) whether the replacement course leads to the same or a comparable qualification as the *original course;  (b) what credits the student may receive for the units of study of the original course successfully completed by the student;  (c) whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;  (d) the location where the replacement course will be primarily delivered;  (e) whether the student:  (ii) will be able to attend the course without unreasonable impacts on the student’s prior commitments;  (f) any other matters prescribed by the Higher Education Provider Guidelines. Matters relating to whether a unit is a suitable replacement unit  (6) In identifying whether there is a suitable *replacement unit, the provider must have regard to the following matters:  (a) whether the student will receive credit under the student’s *original course for the replacement unit;  (b) whether the mode of delivery of the replacement unit is the same as the mode of delivery of the *affected unit;  (c) the location where the replacement unit will be primarily delivered;  (d) whether the student:  (ii) will be able to attend the replacement unit without unreasonable impacts on the student’s prior commitments;  (e) any other matters prescribed by the Higher Education Provider Guidelines. Suitable replacement unit or suitable replacement course available  (7) If paragraph (4)(a) applies, the provider must give a written notice to the student that includes the following:  (a) a statement that the student may decide to do one of the following:  (i) enrol in a suitable *replacement unit or suitable *replacement course;  (ii) enrol in another unit of study or course;  (iii) elect to have an amount equal to the amounts of *FEE‑HELP assistance or *HECS‑HELP assistance that the student received for the *affected unit re‑credited to the student’s *HELP balance;  (b) a description of each suitable replacement unit or suitable replacement course, including the qualification that the suitable replacement course leads to;  (c) the contact details of the provider of each suitable replacement unit or suitable replacement course;  (d) an explanation that, if *tuition fees or the student’s *student contribution amount have been paid for the affected unit of the *original course, tuition fees or the student contribution amount would not be payable for a suitable replacement unit or a replacement unit of a suitable replacement course;  (e) an explanation that if the student chooses to enrol in another unit of study or course, there is no obligation on the provider of the other unit or course to offer a replacement unit without charge to the student;  (f) an explanation of the matters the provider must have regard to under subsections (5) and (6);  (g) any other matters prescribed by the Higher Education Provider Guidelines. Elections for up‑front payments must be consistent  (8) Despite paragraph (7)(a), if an *up‑front payment was made for any *affected units of the *original course, any elections made under that paragraph in relation to those units must be consistent with any elections made under paragraph 62F(7)(a) of the *TEQSA Act in relation to those units. Example: A student who is entitled to FEE‑HELP assistance or HECS‑HELP assistance for an affected unit of an original course also makes an up‑front payment for the same affected unit. The student elects, under subparagraph (7)(a)(i), to enrol in a suitable replacement course. The student must elect to enrol in a suitable replacement course under subparagraph 62F(7)(a)(i) of the TEQSA Act in relation to the affected unit.  (9) The Higher Education Provider Guidelines may prescribe circumstances in which elections are considered to be consistent or inconsistent for the purposes of subsection (8). 166‑26  Failure to discharge obligations  (1) A higher education provider is liable to a civil penalty if:  (a) the provider *defaults in relation to a student; and  (b) the provider fails to discharge its obligations to the student in accordance with section 166‑25.  (2) A higher education provider commits an offence of strict liability if:  (a) the provider *defaults in relation to a student; and  (b) the provider fails to discharge its obligations to the student in accordance with section 166‑25.  (3) The maximum penalty for each day that an offence under subsection (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence. Note: Subsection (2) is a continuing offence under section 4K of the Crimes Act 1914. 166‑26A  Providers to notify of outcome of discharge of obligations  (1) A higher education provider that *defaults in relation to a student must give a notice to the *Higher Education Tuition Protection Director within 7 days after the end of the *provider obligation period.  (2) The notice must include the following:  (a) whether the provider discharged its obligations to the student in accordance with section 166‑25;  (b) if the provider arranged a suitable *replacement unit or a suitable *replacement course:  (i) details of the student; and  (ii) details of the replacement unit or the replacement course; and  (iii) evidence of the student’s acceptance of an offer of a place in the replacement unit or replacement course;  (c) if the provider re‑credited the student’s *HELP balance and paid an amount to the Commonwealth as referred to in paragraph 166‑25(3)(b):  (i) details of the student; and  (ii) details of the amount re‑credited and the amount paid.  (3) The notice must comply with any requirements prescribed by the Higher Education Provider Guidelines. 166‑26B  Student placement service  (1) This section applies if the *Higher Education Tuition Protection Director determines that:  (a) a higher education provider has *defaulted in relation to a student; and  (i) the provider has failed to discharge its obligations under section 166‑25 to the student by the end of the *provider obligation period; or  (ii) the provider is unlikely to be able to discharge its obligations under section 166‑25 to the student by the end of the provider obligation period. Higher Education Tuition Protection Director must decide  (2) The *Higher Education Tuition Protection Director must decide:  (a) that the Director is satisfied that there are one or more suitable *replacement courses for the student; or  (b) that the Director is not satisfied that there is a suitable replacement course for the student. Matters relating to whether a course is a suitable replacement course  (3) In deciding whether the *Higher Education Tuition Protection Director is satisfied that there is a suitable *replacement course, the Director must have regard to the following matters:  (a) whether the replacement course leads to the same or a comparable qualification as the *original course;  (b) what credits the student may receive for the units of study of the original course successfully completed by the student;  (c) whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;  (d) the location where the replacement course will be primarily delivered;  (e) whether the student:  (ii) will be able to attend the course without unreasonable impacts on the student’s prior commitments;  (f) any other matters prescribed by the Higher Education Provider Guidelines. Suitable replacement course available  (4) If paragraph (2)(a) applies, the *Higher Education Tuition Protection Director must give a written notice to the student that includes the following:  (a) a statement that the student may decide to do one of the following:  (i) enrol in a suitable *replacement course;  (ii) enrol in another course;  (iii) elect to have an amount equal to the amounts of *FEE‑HELP assistance or *HECS‑HELP assistance that the student received for the *affected unit re‑credited to the student’s *HELP balance;  (b) a description of each suitable replacement course, including the qualification that the suitable replacement course leads to;  (c) the contact details of the provider of each suitable replacement course;  (d) an explanation that, if *tuition fees or the student’s *student contribution amount have been paid for the affected unit of the original course, tuition fees or the student contribution amount would not be payable for a *replacement unit of a suitable replacement course;  (e) an explanation that if the student chooses to enrol in another course, there is no obligation on the provider of the other course to offer a replacement unit without charge to the student;  (f) an explanation of the matters the Director must have regard to under subsection (3);  (g) any other matters prescribed by the Higher Education Provider Guidelines. Accepting an offer of a suitable replacement course  (5) If the *Higher Education Tuition Protection Director arranges for the student to be offered a place in a *replacement course, the student may accept the offer.  (6) An acceptance must:  (b) be given to the provider of the suitable replacement course within the period specified in subsection (7).  (7) For the purposes of subsection (6), the period is:  (a) the period of 30 days after the day the *Higher Education Tuition Protection Director gives notice under subsection (4); or  (b) if the Director determines that exceptional circumstances apply:  (i) any shorter period determined in writing by the Director; or  (ii) any longer period (not exceeding 12 months) determined in writing by the Director, and agreed to by the student. No suitable replacement course available  (8) If paragraph (2)(b) applies, the *Higher Education Tuition Protection Director must give a written notice to the student that includes the following:  (a) an explanation of the matters the Director must have regard to under subsection (3);  (b) an explanation of the student’s right to request reconsideration, under section 209‑10, of the Director’s decision within 28 days after the day on which the student is given the notice;  (c) a statement that, to facilitate early re‑crediting, the student may, at any time during the 28 days, give the Director notice in writing that the student will not seek reconsideration of the decision;  (d) a statement that, if the student does not apply for reconsideration, an amount equal to the amounts of *FEE‑HELP assistance or *HECS‑HELP assistance that the student received for the *affected unit will be re‑credited to the student’s *HELP balance. Elections for up‑front payments must be consistent  (9) Despite paragraph (4)(a), if an *up‑front payment was made for any *affected units of the *original course, any elections made under that paragraph in relation to those units must be consistent with any elections made under paragraph 62J(4)(a) of the *TEQSA Act in relation to those units. Example: A student who is entitled to FEE‑HELP assistance or HECS‑HELP assistance for an affected unit of an original course also makes an up‑front payment for the same affected unit. The student elects, under subparagraph (4)(a)(iii), to have an amount re‑credited to the student’s HELP balance. The student must elect to receive a refund of the up‑front payment under subparagraph 62J(4)(a)(iii) of the TEQSA Act in relation to the affected unit.  (10) The Higher Education Provider Guidelines may prescribe circumstances in which elections are considered to be consistent or inconsistent for the purposes of subsection (9). 166‑27  Obligations of providers to provide information about replacement courses  (1) The *Higher Education Tuition Protection Director may, by notice in writing, require a higher education provider to provide such information that the Director reasonably requires to enable the Director to make a decision under subsection 166‑26B(2) regarding suitable *replacement courses for a student in relation to whom a provider has *defaulted.  (a) in a form (if any) approved by the *Higher Education Tuition Protection Director for the information; and  (b) in accordance with such other requirements as the Director makes.  (a) the provider is given a notice under subsection (1); and  (b) the provider fails to comply with the notice.  (4) A higher education provider commits an offence of strict liability if:  (a) the provider is given a notice under subsection (1); and  (b) the provider fails to comply with the notice. 166‑30  Obligations of replacement providers  (1) This section applies if a student accepts an offer of a place in a *replacement unit or *replacement course.  (2) The higher education provider who provides the *replacement unit or *replacement course must give written notice of the acceptance to the *Higher Education Tuition Protection Director within 14 days of the acceptance.  (3) The higher education provider who provides the *replacement unit or *replacement course must ensure that the student:  (a) for a replacement course—is granted credits for units of study of the *original course successfully completed by the student; and  (b) if the student has been charged a *student contribution amount or a *tuition fee for an *affected unit—is not charged a student contribution amount or a tuition fee for the replacement unit or the replacement unit of the replacement course; and  (c) is enrolled in the replacement unit or replacement course as soon as practicable. 166‑32  Obligations of replacement providers regarding enrolment information  (1) A higher education provider who provides a *replacement unit or a *replacement course to a student must keep up to date records of the following in relation to the student:  (a) the student’s full name and contact details;  (b) the name of the replacement unit or replacement course (and *units of study) that the student is currently enrolled in;  (c) any *student contribution amounts or *tuition fees charged to the student for the replacement unit or for any units of study of the replacement course;  (d) details of the replacement unit or units of study of the replacement course successfully completed by the student;  (e) details of the credits granted to the student for the replacement unit or for units of study of the *original course successfully completed by the student.  (2) A higher education provider contravenes this subsection if the provider fails to comply with this section.  (3) A higher education provider commits an offence of strict liability if the provider contravenes this section. 166‑35  Notification obligations where there is no replacement course or student elects re‑crediting  (a) a higher education provider *defaults in relation to a student; and  (b) either of the following apply:  (i) the Director decides, under paragraph 166‑26B(2)(b), that the Director is not satisfied that there is a suitable *replacement course for the person;  (ii) the person elects, under subparagraph 166‑26B(4)(a)(iii), to have an amount equal to the amounts of *FEE‑HELP assistance or *HECS‑HELP assistance that the person received for the unit re‑credited to the student’s *HELP balance.  (2) The *Higher Education Tuition Protection Director must give a written notice to the *Secretary of that fact.  (3) The *Higher Education Tuition Protection Director must give a written notice to the provider stating that an amount equal to the amounts of *FEE‑HELP assistance or *HECS‑HELP assistance that the student received for the *affected unit will be *re‑credited to the student’s *HELP balance. 166‑40  Other tuition protection information must be provided  (1) This section applies to a higher education provider if:  (a) the *Higher Education Tuition Protection Director believes on reasonable grounds that the provider has information relevant to the Director’s functions under this Act; and  (b) the Director, by written notice given to the provider, requests the provider to give the Director the information:  (i) within the period (not shorter than 14 days after the notice is given) specified in the notice; and  (ii) in the manner specified in the notice.  (2) The provider must comply with the notice within the period specified in the notice.  (3) A higher education provider is liable to a civil penalty if the provider contravenes subsection (2).  (4) A higher education provider commits an offence of strict liability if the provider contravenes subsection (2). 166‑45  Continuing application of Part to certain persons  (1) This Part continues to apply in relation to a person that was a higher education provider as if the person were still a higher education provider.  (2) Subsection (1) applies for the purposes of dealing with or resolving any matter that arose during, or that relates to, the period when the person was a higher education provider. 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 167‑1  Name of Fund  (1) The HELP Tuition Protection Fund is continued in existence with the new name *Higher Education Tuition Protection Fund.  (2) The *Higher Education Tuition Protection Fund is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013. 167‑5  Credits to the Higher Education Tuition Protection Fund   There must be credited to the *Higher Education Tuition Protection Fund amounts equal to the following:  (a) each amount of *HELP tuition protection levy received from a higher education provider;  (aa) each amount of *up‑front payments tuition protection levy received from a *registered higher education provider;  (b) each amount paid by a higher education provider to the Commonwealth under subsection 36‑24A(2), or subsection 110‑5(1) because of re‑crediting under section 104‑42, if the balance of the Fund had previously been reduced under paragraph 167‑10(1)(g) in relation to that amount;  (ba) each amount paid by a *registered higher education provider to the *Higher Education Tuition Protection Director under subsection 62L(2) of the *TEQSA Act;  (c) any other money appropriated by the Parliament for the purposes of the Higher Education Tuition Protection Fund;  (d) any penalties for late payment of HELP tuition protection levy;  (da) any penalties for late payment of up‑front payments tuition protection levy;  (e) each amount received by the Commonwealth for the purposes of the Higher Education Tuition Protection Fund. Note 1: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account. Note 2: HELP tuition protection levy is imposed by the Higher Education Support (HELP Tuition Protection Levy) Act 2020. The Higher Education Provider Guidelines deal with collection of the levy: see section 19‑66A. Note 3: Up‑front payments tuition protection levy is imposed by the Higher Education (Up‑front Payments Tuition Protection Levy) Act 2020. The Up‑front Payments Guidelines deal with collection of the levy: see subsection 26A(5) of the TEQSA Act. 167‑10  Purposes of the Higher Education Tuition Protection Fund  (1) The purposes of the *Higher Education Tuition Protection Fund are as follows:  (a) making payments in connection with tuition protection under this Act and the *Higher Education Provider Guidelines;  (b) making payments in connection with tuition protection under the *TEQSA Act and the *Up‑front Payments Guidelines;  (c) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the *Higher Education Tuition Protection Director’s functions, including in managing the Fund;  (d) paying any remuneration and allowances payable to the Higher Education Tuition Protection Director;  (e) paying any remuneration and allowances payable to the members of the *Higher Education Tuition Protection Fund Advisory Board;  (f) paying any amount that is required or permitted to be repaid;  (g) reducing the balance of the Fund (and therefore the available appropriation for the Fund) without making a real or notional payment. Note 1: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). Note 2: Part 5A of the TEQSA Act deals with tuition protection for students that make an up‑front payment for a unit of study.  (2) The Higher Education Provider Guidelines may, for the purposes of paragraph (1)(a), make provision in relation to such payments, including in relation to the following:  (a) the circumstances in which payments may be made;  (b) amounts of different kinds of payments;  (c) methods for calculating different kinds of payments. Note 1: For example, the Higher Education Provider Guidelines may provide that a replacement provider may receive a transfer payment if a student accepts an offer of a replacement course with the provider. Note 2: For the purposes of paragraph (1)(b), subsection 26A(6) of the TEQSA Act provides that the Up‑front Payments Guidelines may make provision in relation to the making of payments for the purposes of that paragraph.  (3) The purposes in subsection (1) do not include paying or discharging any costs, expenses or other obligations associated with services provided to the *Higher Education Tuition Protection Director by any employee or officer of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013). Division 2—Higher Education Tuition Protection Director 167‑15  Higher Education Tuition Protection Director  (1) There is to be a *Higher Education Tuition Protection Director.  (2) The office of *Higher Education Tuition Protection Director is to be held by the person who holds the office of TPS Director under section 54A of the Education Services for Overseas Students Act 2000. Note: The TPS Director also holds the office of VSL Tuition Protection Director under the VET Student Loans Act 2016.  (3) The reference in subsection (2) to the person who holds the office of TPS Director includes a reference to a person acting in that office for the time being because of an appointment under section 54K of the Education Services for Overseas Students Act 2000. 167‑20  Functions of the Higher Education Tuition Protection Director  (1) The *Higher Education Tuition Protection Director has the following functions:  (a) facilitating and monitoring the placement of students in relation to whom a higher education provider has *defaulted;  (aa) facilitating and monitoring the placement of students under Part 5A of the *TEQSA Act, in relation to whom a *registered higher education provider has defaulted (within the meaning of that Act);  (b) paying amounts out of, or reducing the balance of, the *Higher Education Tuition Protection Fund under section 167‑10;  (c) reporting to the Minister on:  (i) the operation of Part 5‑1A of this Act and Part 5A of the TEQSA Act (both of which deal with tuition protection); and  (ii) the financial status of the Higher Education Tuition Protection Fund;  (d) managing the Higher Education Tuition Protection Fund in a way that ensures that it is able to meet all its liabilities from time to time;  (e) making the legislative instrument each year under section 13 of the Higher Education Support (HELP Tuition Protection Levy) Act 2020;  (ea) making the legislative instrument each year under section 13 of the Higher Education (Up‑front Payments Tuition Protection Levy) Act 2020;  (f) recommending that the Secretary take action against a higher education provider that has defaulted in relation to a student;  (fa) recommending that *TEQSA take action against a registered higher education provider that has defaulted in relation to a student (within the meaning of the TEQSA Act);  (g) any other function conferred by this Act or any other law of the Commonwealth;  (h) any other function that is incidental or conducive to the performance of the above functions.  (2) The *Higher Education Tuition Protection Director has power to do all things necessary or convenient to be done for, or in connection with, the performance of the Director’s functions.  (3) The *Higher Education Tuition Protection Director must, in performing a function, or exercising a power, under this section, have regard to how the performance of that function, or exercise of that power, will affect the *tuition protection requirements under this Act and the tuition protection requirements within the meaning of the *TEQSA Act. 167‑25  Administrative provisions relating to the Higher Education Tuition Protection Director  (1) Each provision of the Education Services for Overseas Students Act 2000 specified in column 1 of an item in the following table applies in relation to the *Higher Education Tuition Protection Director in accordance with columns 2 and 3 of the item.   - Administrative provisions relating to the Higher Education Tuition Protection Director - Item Column 1 Column 2 Column 3 - This provision of the Education Services for Overseas Students Act 2000 … applies in relation to the Higher Education Tuition Protection Director as if the reference in that provision to … were a reference to … - 1 A provision covered by subsection (2) of this section TPS Director Higher Education Tuition Protection Director - 2 A provision covered by subsection (2) of this section the regulations the Higher Education Provider Guidelines - 3 A provision covered by subsection (2) of this section the Minister the Minister administering this Act - 4 A provision covered by subsection (2) of this section the Department the Department administered by the Minister administering this Act  (2) This subsection covers the following provisions of the Education Services for Overseas Students Act 2000:  (a) section 54C;  (b) section 54D;  (c) section 54E;  (d) section 54F;  (e) section 54J;  (f) section 54L;  (g) section 54N.  (3) For the purposes of section 54E of the Education Services for Overseas Students Act 2000, the Minister administering that Act is taken to have given approval to:  (a) the TPS Director to engage in paid employment as the *Higher Education Tuition Protection Director; and  (b) the Higher Education Tuition Protection Director to engage in paid employment as the TPS Director.  (4) The Minister may terminate the appointment of the TPS Director if:  (a) the TPS Director engages, except with the Minister’s approval, in paid employment outside the duties of his or her office as *Higher Education Tuition Protection Director; or  (b) the Higher Education Tuition Protection Director fails, without reasonable excuse, to comply with section 54F of the Education Services for Overseas Students Act 2000 as applied to the Higher Education Tuition Protection Director by item 1 of the table in subsection (1) of this section.  (5) The *Higher Education Tuition Protection Director is not personally subject to any liability to any person (other than the Commonwealth) in respect of anything done, or omitted to be done, in good faith in the exercise or performance of the Director’s powers or functions.  (6) In this section: TPS Director has the same meaning as in the Education Services for Overseas Students Act 2000. Division 3—Higher Education Tuition Protection Fund Advisory Board 167‑30  Establishment and membership  (1) The *Higher Education Tuition Protection Fund Advisory Board is established by this section.  (2) The members of the *Higher Education Tuition Protection Fund Advisory Board are the members of the TPS Advisory Board appointed under section 55D of the Education Services for Overseas Students Act 2000.  (3) The reference in subsection (2) to the members of the TPS Advisory Board includes a reference to a person for the time being acting as a member of that Board because of an appointment under subsection 55N(1) of the Education Services for Overseas Students Act 2000.  (4) The Chair of the *Higher Education Tuition Protection Fund Advisory Board is the Chair of the TPS Advisory Board appointed under subsection 55C(3) of the Education Services for Overseas Students Act 2000.  (5) The reference in subsection (4) to the Chair of the TPS Advisory Board includes a reference to a person for the time being acting as the Chair of that Board because of an appointment under subsection 55N(2) of the Education Services for Overseas Students Act 2000.  (6) The Deputy Chair of the *Higher Education Tuition Protection Fund Advisory Board is the Deputy Chair of the TPS Advisory Board appointed under subsection 55C(3) of the Education Services for Overseas Students Act 2000.  (7) Despite subsection 55C(2) of the Education Services for Overseas Students Act 2000, a person is eligible to be appointed to the TPS Advisory Board if the Minister is satisfied that the person has qualifications or experience that the Minister considers relevant to the performance of the *Higher Education Tuition Protection Fund Advisory Board’s functions. 167‑35  Function of the Higher Education Tuition Protection Fund Advisory Board  (1) The *Higher Education Tuition Protection Fund Advisory Board’s functions are to provide advice and make recommendations to the *Higher Education Tuition Protection Director in relation to:  (a) the making of a legislative instrument each year under section 13 of the Higher Education Support (HELP Tuition Protection Levy) Act 2020; and  (b) the making of a legislative instrument each year under section 13 of the Higher Education (Up‑front Payments Tuition Protection Levy) Act 2020.  (2) The advice and recommendations may be made either on the *Higher Education Tuition Protection Fund Advisory Board’s own initiative or at the request of the *Higher Education Tuition Protection Director. 167‑40  Administrative provisions relating to the Higher Education Tuition Protection Fund Advisory Board  (1) Each provision of the Education Services for Overseas Students Act 2000 specified in column 1 of an item in the following table applies in relation to the *Higher Education Tuition Protection Fund Advisory Board in accordance with columns 2 and 3 of the item.   - Administrative provisions relating to the Higher Education Tuition Protection Fund Advisory Board - Item Column 1 Column 2 Column 3 - This provision of the Education Services for Overseas Students Act 2000 … applies in relation to the Higher Education Tuition Protection Fund Advisory Board as if the reference in that provision to … were a reference to … - 1 A provision covered by subsection (2) of this section the Board the Higher Education Tuition Protection Fund Advisory Board - 2 A provision covered by subsection (2) of this section the Chair the Chair of the Higher Education Tuition Protection Fund Advisory Board - 3 A provision covered by subsection (2) of this section the Deputy Chair the Deputy Chair of the Higher Education Tuition Protection Fund Advisory Board - 4 A provision covered by subsection (2) of this section a Board member a member of the Higher Education Tuition Protection Fund Advisory Board - 5 A provision covered by subsection (2) of this section the Board members the members of the Higher Education Tuition Protection Fund Advisory Board - 6 A provision covered by subsection (2) of this section the Minister the Minister administering this Act - 7 Section 55E the regulations the Higher Education Provider Guidelines - 8 Paragraph 55L(2)(d) section 55H section 55H as applied to a member of the Higher Education Tuition Protection Fund Advisory Board by this section - 9 Paragraph 55L(2)(d) section 55J section 55J as applied to a member of the Higher Education Tuition Protection Fund Advisory Board by this section - 10 Paragraph 56C(2)(a) section 55J section 55J as applied to a member of the Higher Education Tuition Protection Fund Advisory Board by this section  (2) This subsection covers the following provisions of the Education Services for Overseas Students Act 2000:  (a) section 55E;  (b) section 55H;  (c) section 55J;  (d) section 56A;  (e) section 56B;  (f) section 56C;  (g) section 56D;  (h) section 56E;  (i) section 56F;  (j) section 56G.  (3) A member of the *Higher Education Tuition Protection Fund Advisory Board is not personally subject to any liability to any person (other than the Commonwealth) in respect of anything done, or omitted to be done, in good faith in the exercise or performance of the Board’s powers or functions. Part 5‑2—Administrative requirements on higher education providers Division 169—Administrative requirements on higher education providers 169‑1  What this Part is about This Part imposes a number of administrative requirements on higher education providers. Note: It is a quality and accountability requirement that a higher education provider comply with this Act: see section 19‑65. 169‑5  Notices Who gets a notice?  (1) A higher education provider must give such notices as are required by the Administration Guidelines to a person:  (a) who is enrolled with the provider for a unit of study; and  (b) who:  (i) is seeking Commonwealth assistance under this Act for the unit or for a *student services and amenities fee imposed on the person by the provider; or  (ii) is a *Commonwealth supported student for the unit.  (1A) A higher education provider must also give such notices as are required by the Administration Guidelines to a person:  (a) who is enrolled with the provider for an *accelerator program course; and  (b) who is seeking Commonwealth assistance under this Act for the accelerator program course or for a *student services and amenities fee imposed on the person by the provider. Contents of notice  (2) A notice must contain the information set out in the Administration Guidelines as information that must be provided in such a notice. Date by which notice to be given  (3) A notice must be given within the period set out in the Administration Guidelines. Purpose and effect of notice  (4) A notice under this section is given for the purpose only of providing information to a person. Any liability or entitlement of a person under this Act (including the person’s *Student Learning Entitlement) is not affected by:  (a) the failure of a higher education provider to give a notice under this section; or  (b) the failure of a higher education provider to give such a notice by the date required under the Administration Guidelines; or  (c) the notice containing an incorrect statement. 169‑10  Correction of notices Higher education provider to correct notice  (1) If, after giving a person a notice under section 169‑5, a higher education provider is satisfied that a material particular in the notice was not, or has ceased to be, correct, the provider must give a further written notice to the person setting out the correct particular. Person may request correction of notice  (2) A person who receives a notice from a higher education provider under section 169‑5 may give to the provider a written request for the notice to be corrected in respect of a material particular if the person considers that the notice was not, or has ceased to be, correct in that particular.  (3) The request must be given to an *appropriate officer of the provider either:  (a) within 14 days after the day the notice was given; or  (b) within such further period as the provider allows for the giving of the request.  (4) The request must:  (a) specify the particular in the notice that the person considers is incorrect; and  (b) specify the reasons the person has for considering that the particular is incorrect.  (5) The making of the request does not affect any liability or entitlement of the person under this Act (including the person’s *Student Learning Entitlement). Higher education provider to process request  (6) If a higher education provider receives a request under this section the provider must, as soon as practicable:  (a) determine the matter to which the request relates; and  (b) notify the person in writing of the provider’s determination; and  (c) if the provider determines that a material particular in the notice was not, or has ceased to be, correct—give a further notice under subsection (1). 169‑15  Charging student contribution amounts and tuition fees  (1) A higher education provider:  (a) must require any student who:  (i) is a *Commonwealth supported student in relation to a unit of study; and  (ii) is enrolling in the unit with the provider; and  (iii) is not an *exempt student for the unit;   to pay to the provider the student’s *student contribution amount for the unit; and  (b) must not require the student to pay any of his or her *tuition fee or any other *fee for the unit.  (1A) Despite subsection (1), a higher education provider must not require a student who is enrolling in a unit that is a *replacement unit to pay to the provider the student’s *student contribution amount for the unit.  (2) A higher education provider:  (a) must require any *domestic student who:  (i) is not a *Commonwealth supported student in relation to a unit of study; and  (ii) is enrolling in the unit with the provider; and  (iii) is not an *exempt student for the unit;   to pay to the provider the student’s *tuition fee for the unit; and  (b) must not require any domestic student to pay any other *fee, or any of his or her *student contribution amount, for the unit.  (2A) Despite subsection (2), a higher education provider must not require a domestic student who is enrolling in a unit that is a *replacement unit to pay to the provider the student’s *tuition fee for the unit.  (3) However (unless subsection (4) applies), a higher education provider must repay to a person any payment of his or her *student contribution amount or *tuition fee for a unit of study that the person made on or before the *census date for the unit if the person is no longer enrolled in the unit at the end of the census date. Note: Other provisions about student contribution amounts and tuition fees are set out in Subdivision 19‑F and Parts 2‑2 and 3‑2.  (4) Subsection (3) does not apply if:  (a) the student is no longer enrolled in the unit at the end of the census date because the provider *defaulted in relation to the student; and  (b) the student has accepted an offer of a place in a *replacement unit or *replacement course. 169‑16  Charging accelerator program course fees  (1) A higher education provider:  (a) must require any *domestic student who is enrolling in an *accelerator program course with the provider to pay to the provider the student’s *accelerator program course fee for the course; and  (b) must not require any domestic student to pay any other *fee for the course.  (2) However, a higher education provider must repay to a person any payment of the person’s *accelerator program course fee for an *accelerator program course that the person made on or before the *census date for the course if the person is no longer enrolled in the course at the end of the census date. Note: Other provisions about accelerator program course fees are set out in Subdivision 19‑F and Part 3‑7. 169‑17  Requirements relating to withdrawal from units of study  (1) The Higher Education Provider Guidelines may prescribe requirements to be complied with by higher education providers in relation to student withdrawal from units of study.  (2) Without limiting subsection (1), the Higher Education Provider Guidelines may:  (a) require that fees (however described) must not be charged by higher education providers for withdrawal, either generally or in specified circumstances; or  (b) specify requirements to be met in relation to re‑enrolment after withdrawal; or  (c) specify requirements in relation to processes and procedures for dealing with student withdrawal from units of study.  (a) the provider is subject to a requirement under this section; and 169‑18  Requirements relating to withdrawal from accelerator program courses  (1) The Higher Education Provider Guidelines may prescribe requirements to be complied with by higher education providers in relation to student withdrawal from *accelerator program courses.  (2) Without limiting subsection (1), the Higher Education Provider Guidelines may:  (a) require that fees (however described) must not be charged by higher education providers for withdrawal, either generally or in specified circumstances; or  (b) specify requirements to be met in relation to re‑enrolment after withdrawal; or  (c) specify requirements in relation to processes and procedures for dealing with student withdrawal from *accelerator program courses.  (a) the provider is subject to a requirement under this section; and 169‑20  Exempt students  (1) The Minister may determine in writing that all students, or students of a specified kind, are exempt from payment of their *student contribution amounts and *tuition fees for:  (a) any units of study undertaken as part of a specified *course of study; or  (b) any units of study undertaken as part of a course of study of a specified kind. A student, or a student of such a kind, (as the case requires) is an exempt student for those units.  (2) The Administration Guidelines may provide that:  (a) in all circumstances; or  (b) in the circumstances specified in those guidelines; all students are exempt from payment of their *student contribution amounts and *tuition fees for any units of study that wholly consist of *work experience in industry. A student is, or is in those specified circumstances, (as the case requires) an exempt student for such units.  (3) A student is an exempt student for a unit of study undertaken with a higher education provider as part of a *course of study with that provider if:  (a) the provider has awarded the student an exemption scholarship for the course; and  (b) the provider awarded the scholarship in accordance with any requirements specified in the Administration Guidelines.  (3A) A student is an exempt student for a unit of study undertaken with one higher education provider as part of a *course of study with another (the home provider) if:  (a) the home provider has awarded the student an exemption scholarship for the course; and  (b) the home provider awarded the scholarship in accordance with any requirements specified in the Administration Guidelines; and  (c) the student must undertake the unit, because it is required to complete the course.  (3B) A student is an exempt student for a unit of study undertaken with one higher education provider (the host provider) as part of a *course of study undertaken with another if:  (a) the host provider has awarded the student an exemption for the unit; and  (b) the host provider awarded the scholarship in accordance with any requirements specified in the Administration Guidelines.  (4) Without limiting the matters that may be specified in the Administration Guidelines for the purposes of paragraph (3)(b), those matters may include one or both of the following:  (a) the maximum number of exemption scholarships that a particular higher education provider may award in respect of a year;  (b) which students are eligible to receive exemption scholarships. 169‑25  Determining census dates and EFTSL values  (1) A higher education provider must, for each unit of study it provides or proposes to provide during a period ascertained in accordance with the Administration Guidelines, determine, for that period:  (a) a particular date to be the *census date for the unit; and  (b) the *EFTSL value for the unit. Note: If a higher education provider provides the same unit over different periods, the unit is taken to be a different unit of study in respect of each period. Therefore the provider will have to determine a separate census date, and a separate EFTSL value, in respect of each period.  (1A) A higher education provider must, for any *accelerator program course it provides or proposes to provide during a period ascertained in accordance with the Administration Guidelines, determine, for that period:  (a) a particular date to be the *census date for the course; and  (b) the *EFTSL value for the course.  (2) A date determined under paragraph (1)(a) or (1A)(a) must be determined in accordance with the Administration Guidelines.  (3) The provider must publish:  (a) the *census date for the unit or course by the date ascertained in accordance with, and in the manner specified in, the Administration Guidelines; and  (b) the *EFTSL value for the unit or course by the date ascertained in accordance with, and in the manner specified in, the Administration Guidelines. Variations  (4) The provider must not vary the *census date for the unit or course, or the *EFTSL value for the unit or course, after publication under subsection (3), unless the provider:  (i) before the date ascertained in accordance with the Administration Guidelines; and  (ii) in circumstances specified in the Administration Guidelines; or  (5) If paragraph (4)(a) applies, the provider must publish the variation by the date ascertained in accordance with, and in the manner specified in, the Administration Guidelines.  (6) If paragraph (4)(b) applies, the provider must publish the variation by the date, and in the manner, specified by the Minister in the approval. 169‑27  Meaning of EFTSL  (1) An EFTSL is an equivalent full‑time student load. It is a measure of the study load:  (a) in respect of a *course of study—for a year, of a student undertaking that course of study on a full‑time basis; or  (b) in respect of an *accelerator program course—for the period of the accelerator program course, of a student undertaking that course on a full‑time basis.  (2) For the purposes of a *course of study, a particular amount of EFTSL is an amount of study, undertaken with a higher education provider as part of the course, represented by units of study with *EFTSL values the sum of which equals that amount. 169‑28  Meaning of EFTSL value EFTSL value of a unit of study  (1) The EFTSL value of a unit of study is the value that the higher education provider with which the unit may be undertaken determines in writing to be the EFTSL value of the unit, expressed as a fraction of one *EFTSL.  (2) If the unit can form part of more than one *course of study, the provider may determine an EFTSL value of the unit for each such course.  (3) If a unit of study is subject to separate determinations in relation to different *courses of study, a reference in this Act to the EFTSL value of the unit is, when the unit forms part of such a course, a reference to the EFTSL value of the unit determined under subsection (2) for the course. EFTSL value of an accelerator program course  (3A) The EFTSL value of an *accelerator program course is the value that the higher education provider with which the course may be undertaken determines in writing to be the EFTSL value of the course, expressed as one *EFTSL or a fraction of one EFTSL. Determinations to be in accordance with Administration Guidelines  (4) Determinations under this section must be in accordance with any requirements set out in the Administration Guidelines. 169‑30  Communications with the Commonwealth concerning students etc.  (1) In communications under, or for the purposes of, this Act between the Commonwealth and a higher education provider concerning a person who:  (a) is enrolled, or seeking to enrol, in a unit of study with the provider; and  (b) has indicated that the person is seeking Commonwealth assistance under this Act for the unit, or is a *Commonwealth supported student for the unit; the provider must use any identifier for that person that the *Secretary has indicated must be used in such communications.  (2) In communications under, or for the purposes of, this Act between the Commonwealth and a higher education provider concerning a person who:  (a) has had a *student services and amenities fee imposed on him or her by the provider; and  (b) has indicated that the person is seeking *SA‑HELP assistance for the fee; the provider must use any identifier for that person that the *Secretary has indicated must be used in such communications.  (3) In communications under, or for the purposes of, this Act between the Commonwealth and a higher education provider concerning a person who:  (a) is enrolled, or seeking to enrol, in an *accelerator program course with the provider; and  (b) has indicated that the person is seeking Commonwealth assistance under this Act for the accelerator program course; the provider must use any identifier for that person that the *Secretary has indicated must be used in such communications. 169‑35  6 week cut off for corrections affecting entitlement to Commonwealth assistance  (a) more than 6 weeks after the *census date for a unit of study or an *accelerator program course undertaken with a higher education provider, a person gives the provider information in writing (the correct information) that establishes that information contained in or accompanying the person’s *request for Commonwealth assistance was incorrect; and  (b) the correct information establishes that the person was entitled to a particular kind of Commonwealth assistance other than *SA‑HELP assistance; this Act applies as if the person had never been entitled to that particular Commonwealth assistance.  (a) more than 6 weeks after the day on which a *student services and amenities fee imposed on a person by a higher education provider was payable, the person gives the provider information in writing (the correct information) that establishes that information contained in or accompanying a *request for Commonwealth assistance made by the person in relation to the fee was incorrect; and  (b) the correct information establishes that the person was entitled to *SA‑HELP assistance for the fee; this Act applies as if the person had never been entitled to the SA‑HELP assistance. Part 5‑3—Electronic communications Division 174—Electronic communications 174‑1  What this Part is about Certain documents that this Act requires or permits to be given between students and higher education providers may be transmitted electronically. 174‑5  Guidelines may deal with electronic communications  (1) The Administration Guidelines may make provision for or in relation to requiring or permitting information or documents to be given by students to higher education providers, or by higher education providers to students, in accordance with particular information technology requirements:  (a) on a particular kind of data storage device; or  (b) by means of a particular kind of electronic communication.  (1A) A higher education provider contravenes this subsection if:  (a) the provider is subject to a requirement under subsection (1); and  (2) The Administration Guidelines may make provision for or in relation to requiring, in relation to an electronic communication from a student to a higher education provider:  (a) that the communication contain an electronic signature (however described); or  (b) that the communication contain a unique identification in an electronic form; or  (c) that a particular method be used to identify the originator of the communication and to indicate the originator’s approval of the information communicated.  (3) The reference in subsection (1) to giving information includes a reference to anything that is giving information for the purposes of section 9 of the Electronic Transactions Act 1999.  (4) In this section: data storage device has the same meaning as in the Electronic Transactions Act 1999. electronic communication has the same meaning as in the Electronic Transactions Act 1999. information has the same meaning as in the Electronic Transactions Act 1999. information technology requirements has the same meaning as in the Electronic Transactions Act 1999. Part 5‑4—Management of information Division 179—Protection of personal information 179‑1  What this Division is about An officer who discloses, copies or records personal information otherwise than in the course of official employment, or causes unauthorised access to or modification of personal information, commits an offence unless an exception applies. 179‑5  Meaning of personal information   Personal information is:  (a) information or an opinion about an identified individual, or an individual who is reasonably identifiable:  (i) whether the information or opinion is true or not; and  (ii) whether the information or opinion is recorded in a material form or not; and  (b) obtained or created by an *officer for the purposes of any of the following:  (i) Chapter 2;  (ii) Chapters 3 and 4;  (iii) Part 5‑1A;  (iv) section 26A or Part 5A of the *TEQSA Act; and  (c) not *Australia’s Economic Accelerator program information. Note: See Division 181 for *Australia’s Economic Accelerator program information. 179‑10  Use of personal information  (1) An *officer commits an offence if:  (a) the officer either:  (b) the information is *personal information; and  (c) the information was acquired by the officer in the course of the officer’s *official employment; and  (d) the disclosure did not occur, or the copy or record was not made, in the course of that official employment.  (2) Subsection (1) does not apply if the person to whom the *personal information relates has consented to the disclosure, or the making of the copy or record. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code. Exception—authorised or required by a Commonwealth law  (3) Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of the Commonwealth. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code. Exception—authorised or required by certain State or Territory laws  (4) Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of a State or Territory:  (a) that relates to the administration, regulation or funding of education; or  (b) that is specified in the Administration Guidelines for the purposes of this paragraph. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code. 179‑15  Meanings of officer etc. and official employment Meaning of officer  (1) A person is an officer if:  (a) the person is or was a *Commonwealth officer (see subsection (2)); or  (b) the person is or was an *officer of a higher education provider (see subsection (3)); or  (ba) the person is or was an *officer of a registered higher education provider (see subsection (3AA)); or  (c) the person is or was an *officer of Open Universities Australia (see subsection (3A)); or  (d) the person is or was an *officer of a Tertiary Admission Centre (see subsection (3B)).  (2) A Commonwealth officer is a person who holds office under, or is employed by, the Commonwealth, and includes the following:  (a) a person appointed or engaged under the Public Service Act 1999;  (b) a person permanently or temporarily employed:  (i) in the Public Service of a Territory (other than the Northern Territory); or  (ii) in, or in connection with, the Defence Force; or  (iii) in the Service of any authority or body constituted by or under a law of the Commonwealth or of a Territory (other than the Northern Territory);  (c) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979);  (d) a person who, although not holding office under, or employed by:  (i) the Commonwealth; or  (ii) a Territory (other than the Northern Territory); or  (iii) any authority or body constituted by or under a law of the Commonwealth or of a Territory (other than the Northern Territory);   performs services for or on behalf of the Commonwealth, a Territory (other than the Northern Territory), or such an authority or body;  (e) a person who is an employee of the Australian Postal Corporation;  (f) a person who performs services for or on behalf of the Australian Postal Corporation;  (g) an employee of a person who performs services for or on behalf of the Australian Postal Corporation.  (3) A person is an officer of a higher education provider if the person is:  (b) a person who, although not an officer or employee of the provider, performs services for or on behalf of the provider.  (3AA) A person is an officer of a registered higher education provider if the person is:  (b) a person who, although not an officer or employee of the provider, performs services for or on behalf of the provider.  (3A) A person is an officer of Open Universities Australia if the person is:  (a) an officer or employee of *Open Universities Australia; or  (b) a person who, although not an officer or employee of Open Universities Australia, performs services for or on behalf of Open Universities Australia.  (3B) A person is an officer of a Tertiary Admission Centre if the person is:  (a) an officer or employee of the *Tertiary Admission Centre; or  (b) a person who, although not an officer or employee of the Tertiary Admission Centre, performs services for or on behalf of the Tertiary Admission Centre. Meaning of official employment  (4) Official employment of an *officer is:  (a) for a *Commonwealth officer—the performance of duties or functions, or the exercise of powers under, or for the purposes of:  (i) this Act; or  (ii) the Higher Education Support (HELP Tuition Protection Levy) Act 2020; or  (iii) the Higher Education (Up‑front Payments Tuition Protection Levy) Act 2020; or  (iv) the *TEQSA Act; or  (v) the VET Student Loans Act 2016; or  (b) for an *officer of a higher education provider—service as such an officer; or  (ba) for an *officer of a registered higher education provider—service as such an officer; or  (c) for an *officer of Open Universities Australia—service as such an officer; or  (d) for an *officer of a Tertiary Admission Centre—service as such an officer. 179‑20  When information is disclosed in the course of official employment   Without limiting the matters that are disclosures that occur in the course of an *officer’s *official employment for the purposes of paragraph 179‑10(d), the following disclosures are taken to be disclosures that occur in the course of an officer’s official employment:  (a) disclosure by a *Commonwealth officer of *personal information to another Commonwealth officer to assist that other officer in the other officer’s official employment;  (aa) disclosure by a Commonwealth officer of personal information to a person in connection with the provision of actuarial services for the purposes of assisting the officer to perform duties or functions or exercise powers mentioned in paragraph 179‑15(4)(a);  (b) disclosure by an officer of personal information to the Administrative Review Tribunal in connection with a *reviewable decision;  (c) disclosure by a Commonwealth officer of personal information to an *officer of a higher education provider to assist the provider’s officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act;  (caa) disclosure by a Commonwealth officer of personal information to an *officer of a registered higher education provider to assist the provider’s officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act or the *TEQSA Act;  (ca) disclosure by a Commonwealth officer of personal information to an *officer of Open Universities Australia to assist *Open Universities Australia in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act;  (cb) disclosure by a Commonwealth officer of personal information to an *officer of a Tertiary Admission Centre to assist the officer of the Tertiary Admission Centre in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act;  (d) disclosure by an officer of a higher education provider of personal information to a Commonwealth officer to assist the Commonwealth officer in the Commonwealth officer’s official employment;  (da) disclosure by an officer of a registered higher education provider of personal information to a Commonwealth officer to assist the Commonwealth officer in the Commonwealth officer’s official employment;  (e) disclosure by an officer of Open Universities Australia of personal information to a Commonwealth officer to assist the Commonwealth officer in the Commonwealth officer’s official employment;  (ea) disclosure by an officer of a Tertiary Admission Centre of personal information to a Commonwealth officer to assist the Commonwealth officer in the Commonwealth officer’s official employment;  (f) disclosure by an officer of Open Universities Australia of personal information to an officer of a higher education provider to assist the provider’s officer in performing duties or functions or in exercising powers, under, or for the purposes of, this Act;  (g) disclosure by an officer of a higher education provider of personal information to an officer of Open Universities Australia to assist the officer of Open Universities Australia in performing duties or functions or in exercising powers, under, or for the purposes of, this Act;  (h) disclosure by an officer of a higher education provider of personal information to an officer of a Tertiary Admission Centre to assist the officer of the Tertiary Admission Centre in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act;  (i) disclosure by an officer of a Tertiary Admission Centre of personal information to an officer of a higher education provider to assist the provider’s officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act. 179‑25  Commissioner may disclose information  (1) Despite anything in an Act of which the *Commissioner has the general administration, the Commissioner, or a person authorised by the Commissioner, may communicate *personal information to an *officer for use by that officer:  (a) in the case of a *Commonwealth officer—in the course of the officer’s *official employment; or  (b) in the case of an *officer of a higher education provider—to assist the officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act; or  (c) in the case of an *officer of Open Universities Australia—to assist the officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act; or  (d) in the case of an *officer of a Tertiary Admission Centre—to assist the officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act.  (2) Despite subsection 13.3(3) of the Criminal Code, in a prosecution for an offence against an Act of which the *Commissioner has the general administration, the defendant does not bear an evidential burden in relation to whether this section applies to a communication of *personal information. 179‑30  Oath or affirmation to protect information  (1) An *officer must, if and when required by the *Secretary or the *Commissioner to do so, make an oath or affirmation to protect information in accordance with this Division.  (2) The *Secretary may determine, in writing:  (a) the form of the oath or affirmation that the Secretary will require; and  (3) The *Commissioner may determine, in writing:  (a) the form of the oath or affirmation that the Commissioner will require; and 179‑35  Unauthorised access to, or modification of, personal information  (1) A person commits an offence if:  (a) the person causes any unauthorised access to, or modification of, *personal information that is:  (i) held in a computer; and  (ii) to which access is restricted by an access control system associated with a function of the computer; and  (b) the person intends to cause the access or modification; and  (c) the person knows that the access or modification is unauthorised; and  (d) one or more of the following apply:  (i) the personal information is held in a computer of a higher education provider;  (ii) the personal information is held on behalf of a provider;  (iii) the personal information is held in a computer of *Open Universities Australia;  (iv) the personal information is held on behalf of Open Universities Australia;  (v) the personal information is held on a computer of a *Tertiary Admission Centre;  (vi) the personal information is held on behalf of a Tertiary Admission Centre. Penalty: 2 years imprisonment.  (2) Absolute liability applies to paragraph (1)(d). 179‑40  Officer may use information   An *officer may use *personal information in the course of the officer’s *official employment. 179‑45  This Division does not limit disclosure or use of information   This Division does not limit the disclosure or use of *personal information. Note: The disclosure or use of personal information may also be authorised in other circumstances. For example, see Division 180 and the Privacy Act 1988. Division 180—Disclosure or use of Higher Education Support Act information 180‑1  What this Division is about This Division authorises the disclosure and use of Higher Education Support Act information for certain purposes. 180‑5  Meaning of Higher Education Support Act information  (1) Higher Education Support Act information means:  (a) *personal information; and  (b) *VET personal information; and  (c) information obtained or created by a *Commonwealth officer as a result of a survey of the kind referred to in section 180‑30; and  (d) any other information obtained or created by a Commonwealth officer for the purposes of this Act or for the purposes referred to in subsection 180‑28(5).  (2) However, *Australia’s Economic Accelerator program information is not Higher Education Support Act information. Note: See Division 181 for *Australia’s Economic Accelerator program information. 180‑10  Disclosure and use by Commonwealth officers  (1) A *Commonwealth officer may disclose *Higher Education Support Act information to another Commonwealth officer to assist that other officer in the other officer’s *official employment (within the meaning of section 179‑15).  (2) A *Commonwealth officer may use *Higher Education Support Act information in the course of the officer’s *official employment (within the meaning of section 179‑15). 180‑15  Disclosure of information to TEQSA   The *Secretary may disclose *Higher Education Support Act information to:  (a) *TEQSA; or  (b) a member of the staff of TEQSA (within the meaning of the *TEQSA Act); for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, that Act. 180‑20  Disclosure of information to the National VET Regulator   The *Secretary may disclose *Higher Education Support Act information to:  (a) the *National VET Regulator; or  (b) a *NVETR staff member; for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, that Act. 180‑23  Disclosure of information to certain agencies  (1) The *Secretary may disclose *Higher Education Support Act information to a person who is employed or engaged by an agency covered by subsection (2) for the purposes of exercising powers, or performing functions or duties, of the agency.  (2) An agency is covered by this subsection if the agency is administered by a Minister who administers any of the following:  (a) the Human Services (Centrelink) Act 1997;  (b) the Social Security Act 1991;  (c) the Student Assistance Act 1973;  (d) a law of the Commonwealth prescribed by the Administration Guidelines for the purposes of this paragraph.  (3) If *Higher Education Support Act information is disclosed to an agency under subsection (1), the agency may use the information for the purposes of exercising powers, or performing functions or duties, of the agency. 180‑25  Disclosure of information to other bodies Disclosure  (1) The *Secretary may disclose *Higher Education Support Act information to a person referred to in subsection (3) for any of the following purposes (a permitted purpose):  (a) improving the provision of higher education or vocational education and training;  (b) research relating to the provision of higher education or vocational education and training, including research relating to:  (i) quality assurance; or  (ii) planning the provision of higher education or vocational education and training.  (2) However, if the information was provided by a higher education provider or a *VET provider, then the *Secretary may only disclose the information under subsection (1) to a person referred to in paragraph (3)(b), (c) or (d) if the provider consents to that disclosure. Persons to which information may be disclosed  (3) For the purposes of subsection (1), the persons are the following:  (a) a person (an officer) who is employed or engaged by a State or Territory agency;  (b) an *officer of a higher education provider;  (c) an *officer of a VET provider;  (d) a person (an officer) who is employed or engaged by a body or association determined by the Minister under subsection (4).  (4) The Minister may, by legislative instrument, make a determination in relation to a body or association for the purposes of paragraph (3)(d). Use of the information  (5) A person commits an offence if:  (a) the person uses information for a purpose; and  (b) the purpose is not a permitted purpose; and  (c) the information is *personal information or *VET personal information; and  (d) the information was disclosed under subsection (1) to the person or another person when the person or other person was an officer of a body referred to in subsection (3); and  (e) the information was not obtained or created by an *officer for the purposes of Part 2‑2A or 2‑3. Further disclosure of the information  (6) A person commits an offence if:  (a) the person discloses information; and  (b) the information is *personal information or *VET personal information; and  (c) the information was disclosed under subsection (1) to the person or another person when the person or other person was an officer of a body referred to in subsection (3); and  (d) either or both of the following apply:  (i) the disclosure is not for a permitted purpose;  (ii) the disclosure is to a person who is not an officer of that body; and  (e) the information was not obtained or created by an *officer for the purposes of Part 2‑2A or 2‑3. 180‑28  Disclosure and use of information for the HELP program Disclosure of information  (1) A *HELP program Commonwealth officer may disclose *Higher Education Support Act information (other than a person’s *tax file number) to another HELP program Commonwealth officer for the purposes referred to in subsection (5).  (2) The *Secretary may disclose a person’s *tax file number to the *Commissioner for the purposes referred to in subsection (5). Use of information  (3) A *HELP program Commonwealth officer may use *Higher Education Support Act information (other than a person’s *tax file number) for the purposes referred to in subsection (5).  (4) If a person’s *tax file number is disclosed under subsection (2), the *Commissioner may use that tax file number for the purposes referred to in subsection (5). Purposes of disclosure or use  (5) The purposes are to assist in the development of the *HELP program, or the administration or future administration of the HELP program, including by:  (a) policy formation; and  (b) financial planning and projection; and  (c) program design; and  (d) conducting research. Definitions  (6) The HELP program means the program consisting of:  (a) grants to higher education providers under Part 2‑2; and  (b) assistance provided to students under Chapter 3 or Schedule 1A or the VET Student Loans Act 2016; and  (c) repayment of debts under Chapter 4, or under the VET Student Loans Act 2016, incurred in relation to that assistance.  (7) HELP program Commonwealth officer means:  (a) the *Secretary; or  (b) the *Commissioner; or  (c) a *Commonwealth officer specified to be a HELP program Commonwealth officer under subsection (8).  (8) The Minister may, by legislative instrument, specify that a *Commonwealth officer, or a Commonwealth officer in a specified class, is a *HELP program Commonwealth officer for the purposes of paragraph (7)(c).  (9) For the purposes of this section, *Higher Education Support Act information includes VET information (within the meaning of the VET Student Loans Act 2016). 180‑30  Use of information to conduct surveys   A *Commonwealth officer may use *Higher Education Support Act information in order to conduct a survey of staff, students or former students of higher education providers or *VET providers for any of the following purposes:  (a) improving the provision of higher education or vocational education and training;  (b) research relating to the provision of higher education or vocational education and training, including research relating to:  (i) quality assurance; or  (ii) planning the provision of higher education or vocational education and training. 180‑35  This Division does not limit disclosure or use of information   This Division does not limit the disclosure or use of *Higher Education Support Act information. Note: The disclosure or use of Higher Education Support Act information may also be authorised in other circumstances. For example, see Division 179, Division 14 of Schedule 1A and the Privacy Act 1988. Division 181—Protection, disclosure and use of Australia’s Economic Accelerator program information 181‑1  What this Division is about An officer who discloses, copies or records information obtained or created by the officer for the purposes of the Australia’s Economic Accelerator program, other than in the course of official employment, commits an offence if the information is personal information, or the officer’s actions are likely to cause competitive detriment to a person or found an action for breach of confidence. This is the case unless an exception in this Division applies. 181‑5  Object of this Division   The object of this Division is to give recipients and potential recipients of grants under the *Australia’s Economic Accelerator program, and their industry partners, confidence that personal information and other sensitive information they provide in relation to the program will be dealt with appropriately. 181‑10  Meaning of Australia’s Economic Accelerator program information   Australia’s Economic Accelerator program information is any information that was obtained or created by an *officer for the purposes of the *Australia’s Economic Accelerator program. 181‑15  Use of Australia’s Economic Accelerator program information  (1) An *officer commits an offence if:  (a) the officer:  (b) the information is *Australia’s Economic Accelerator program information that was obtained or created by the officer in the course of the officer’s *official employment; and  (c) the disclosure did not occur, or the copy or record was not made, in the course of that official employment; and  (d) any of the following circumstances exist:  (i) the information is personal information within the meaning of the Privacy Act 1988;  (ii) the disclosure, or the making of the copy or record, causes or is likely to cause competitive detriment to a person;  (iii) the disclosure, or the making of the copy or record, founds or is likely to found an action by a person (other than the Commonwealth) for breach of a duty of confidence.  (2) Subsection (1) does not apply if the person to whom the information relates has consented to the disclosure, or the making of the copy or record. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code. Exception—authorised by this Division  (3) Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised by this Division. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). Exception—required by a Commonwealth law  (4) Subsection (1) does not apply if the disclosure, or the making of the copy or record, is required by a law of the Commonwealth. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code. 181‑20  Disclosure of Australia’s Economic Accelerator program information to Minister and staff   A *Commonwealth officer may disclose *Australia’s Economic Accelerator program information to:  (a) the Minister; or  (b) a person employed by the Minister under the Members of Parliament (Staff) Act 1984. 181‑25  Disclosure of Australia’s Economic Accelerator program information by Minister  (1) The Minister may make *Australia’s Economic Accelerator program information publicly available, if the information:  (a) relates to programs of research in respect of which grants have been approved for the purposes of item 14 of the table in subsection 41‑10(1); and  (b) is any of the following:  (i) the name of a researcher;  (ii) a description of the field of research;  (iii) the amount of a grant;  (iv) other information of a general nature.  (2) Despite subsection (1), the Minister must not disclose the information if a person demonstrates to the Minister that:  (a) release of the information would cause competitive detriment to the person; and  (b) the information is not in the public domain; and  (c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and  (d) the information is not readily discoverable. Division 182—Other rules about information 182‑1  Minister may seek information from TEQSA and relevant VET regulator  (1) The Minister may seek information relating to a higher education provider from *TEQSA or the *relevant VET regulator (or both) for the purposes of administering, or enforcing compliance with, one or more of the following:  (a) this Act and the regulations;  (b) the Guidelines made under section 238‑10 that apply to the provider;  (2) The Minister may seek information relating to a *VET provider from *TEQSA or the *relevant VET regulator (or both) for the purposes of administering, or enforcing compliance with, one or more of the following:  (a) this Act and the regulations;  (b) *VET Guidelines that apply to the provider; Part 5‑5—Tax file numbers Division 184—Introduction 184‑1  What this Part is about Requirements relating to students’ tax file numbers apply to assistance under Chapter 3 that gives rise to HELP debts. The Commissioner may notify higher education providers, the Secretary, or where appropriate Open Universities Australia, of matters relating to tax file numbers. Higher education providers, and where appropriate Open Universities Australia, have obligations relating to notifying students about tax file number requirements. Higher education providers have obligations relating to cancelling the enrolment of students who do not have tax file numbers. Note: Part VA of the Income Tax Assessment Act 1936 provides for issuing, cancelling or altering tax file numbers. Division 187—What are the tax file number requirements for assistance under Chapter 3? 187‑1  Meeting the tax file number requirements Assistance other than SA‑HELP assistance  (1) A student who is enrolled, or proposes to enrol, with a higher education provider in a unit of study access to which was not provided by *Open Universities Australia, or in an *accelerator program course, meets the tax file number requirements for assistance under Chapter 3, except *SA‑HELP assistance, if:   and the provider is satisfied (in accordance with subsection (4)) that this number is a valid tax file number; or  (b) the student gives to the officer 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.  (1AA) Compliance by a person with subsection (1) in relation to a *course of study, or an *accelerator program course, is to be ignored in determining whether there has been compliance by the person with subsection (1) in relation to any other course of study or accelerator program course.  (1A) A student who accesses, or proposes to access, a unit of study through *Open Universities Australia, meets the tax file number requirements for assistance under Chapter 3, except *SA‑HELP assistance, if:  (i) an *appropriate officer of Open Universities Australia; and   and Open Universities Australia is satisfied (in accordance with subsection (4)) that this number is a valid tax file number; or  (b) the student gives to the officer 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.  (2) If the student is seeking *HECS‑HELP assistance or *FEE‑HELP assistance for a unit of study, he or she does not meet the tax file number requirements for the assistance unless he or she complies with subsection (1) or (1A) (as the case requires) on or before the *census date for the unit.  (2A) If the student is seeking *STARTUP‑HELP assistance for an *accelerator program course, the student does not meet the tax file number requirements for the assistance unless the student complies with subsection (1) on or before the *census date for the accelerator program course.  (3) A notification under paragraph (1)(a), from a student enrolled or proposing to enrol in a unit of study, may be included in a *request for Commonwealth assistance, except a request for Commonwealth assistance relating to a *student services and amenities fee, that the student has given to the provider in relation to:  (3AA) A notification under paragraph (1)(a), from a student enrolled or proposing to enrol in an *accelerator program course, may be included in a *request for Commonwealth assistance, except a request for Commonwealth assistance relating to a *student services and amenities fee, that the student has given to the provider in relation to the accelerator program course.  (3A) A notification under paragraph (1A)(a) may be included in a *request for Commonwealth assistance that the student has given to *Open Universities Australia in relation to the unit of study for which the assistance is sought. SA‑HELP assistance  (3B) A student who is enrolled, or proposes to enrol, with a higher education provider in a *course of study or *bridging course for overseas‑trained professionals, or in an *accelerator program course, meets the tax file number requirements for *SA‑HELP assistance if:   and the provider is satisfied (in accordance with subsection (4)) that this number is a valid tax file number; or  (b) the student gives to the officer 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.  (3C) Compliance by a person with subsection (3B) in relation to the person’s actual or proposed enrolment in a *course of study or *bridging course for overseas‑trained professionals, or an *accelerator program course, is to be ignored in determining whether there has been compliance by the person with subsection (3B) in relation to the person’s actual or proposed enrolment in another such course or bridging course or accelerator program course.  (3D) If the student is seeking *SA‑HELP assistance for a *student services and amenities fee, he or she does not meet the tax file number requirements for the assistance unless he or she complies with subsection (3B) on or before the day the fee is payable.  (3E) A notification under paragraph (3B)(a) may be included in any *request for Commonwealth assistance relating to a *student services and amenities fee imposed on the student in connection with his or her enrolment in the *course of study or *bridging course for overseas‑trained professionals, or in the *accelerator program course. Commissioner’s role  (4) The *Commissioner may issue guidelines about the circumstances in which:  (a) a higher education provider is to be, or is not to be, satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(a) or (3B)(a); and  (b) *Open Universities Australia is to be, or is not to be, satisfied that a number is a valid tax file number for the purposes of paragraph (1A)(a).  (5) A certificate under paragraph (1)(b) or (3B)(b) must be in the *approved form.  (6) A certificate under paragraph (1A)(b) must be in the *approved form. Commissioner’s guidelines are legislative instruments  (7) A guideline issued under subsection (4) is a legislative instrument. 187‑2  Who is an appropriate officer?  (1) An appropriate officer of a higher education provider, means a person, or a person included in a class of persons, whom: has appointed to be an appropriate officer of the provider for the purposes of this Act.  (2) An appropriate officer of *Open Universities Australia, means a person, or a person included in a class of persons, whom:  (a) the chief executive officer of Open Universities Australia; or  (b) a delegate of the chief executive officer of Open Universities Australia; has appointed to be an appropriate officer of Open Universities Australia for the purposes of this Act. 187‑5  Student to notify tax file number when issued  (1) If a student *meets the tax file number requirements for the assistance under paragraph 187‑1(1)(b):  (b) the provider must be satisfied (in accordance with subsection 187‑1(4)) that this number is a valid *tax file number.  (2) If a student *meets the tax file number requirements for assistance under paragraph 187‑1(1A)(b):  (i) an *appropriate officer of *Open Universities Australia; and  (b) Open Universities Australia must be satisfied (in accordance with subsection 187‑1(4)) that this number is a valid *tax file number. Division 190—Who can the Commissioner notify of tax file number matters? 190‑1  When tax file numbers are issued etc.  (1) The *Commissioner may give to a higher education provider, and to the *Secretary, written notice of the *tax file number of a student who is enrolled in a *course of study, or an *accelerator program course, with the provider if the Commissioner:  (2) The *Commissioner may give to *Open Universities Australia, and to the *Secretary, written notice of the *tax file number of a student to whom Open Universities Australia provides access to a unit of study if the Commissioner: 190‑5  When tax file numbers are altered  (1) The *Commissioner may give to a higher education provider, and to the *Secretary, written notice of the *tax file number of a student who is enrolled in a *course of study, or an *accelerator program course, with the provider if the Commissioner issues a new tax file number to the student in place of a tax file number that has been withdrawn.  (2) That new number is taken to be the number that the student notified to the provider and to the *Secretary.  (3) The *Commissioner may give to *Open Universities Australia, and to the *Secretary, written notice of the *tax file number of a student to whom Open Universities Australia provides access to a unit of study if the Commissioner issues a new tax file number to the student in place of a tax file number that has been withdrawn.  (4) That new number is taken to be the number that the student notified to *Open Universities Australia and to the *Secretary. 190‑10  When tax file numbers are incorrectly notified—students with tax file numbers  (1) If the *Commissioner is satisfied:  (a) that the *tax file number that a student has notified to a higher education provider or the *Secretary (or both): the Commissioner may give to the provider and the Secretary written notice of the incorrect notification and of the student’s tax file number.  (2) That number is taken to be the number that the student notified to the provider and to the *Secretary.  (3) If the *Commissioner is satisfied:  (a) that the *tax file number that a student has notified to *Open Universities Australia or the *Secretary (or both): the Commissioner may give to Open Universities Australia and the Secretary written notice of the incorrect notification and of the student’s tax file number.  (4) That number is taken to be the number that the student notified to *Open Universities Australia and to the *Secretary. 190‑15  When tax file numbers are incorrectly notified—students without tax file numbers  (a) the *Commissioner is satisfied that the *tax file number that a student notified to a higher education provider or the *Secretary (or both): the Commissioner may give to the provider and the Secretary a written notice informing the provider and the Secretary accordingly.  (a) the *Commissioner is satisfied that the *tax file number that a student notified to *Open Universities Australia or the *Secretary (or both): the Commissioner may give Open Universities Australia and the Secretary a written notice informing Open Universities Australia and the Secretary accordingly.  (2) The *Commissioner must give a copy of any notice under subsection (1) or (1A) to the student concerned, together with a written statement of the reasons for the decision to give the notice. Note: Decisions to give notice under subsection (1) or (1A) are reviewable under section 202F of the Income Tax Assessment Act 1936. 190‑20  When applications are refused or tax file numbers are cancelled  (1) If the *Commissioner: the Commissioner may give to a higher education provider with which the student is enrolled in a *course of study, or an *accelerator program course, and to the *Secretary, a written notice informing the provider and the Secretary accordingly.  (1A) If the *Commissioner: the Commissioner may, if access to a unit of study is provided to the student by *Open Universities Australia, give to Open Universities Australia, and to the *Secretary, a written notice informing Open Universities Australia and the Secretary accordingly.  (2) The *Commissioner must give a copy of any notice under subsection (1) or (1A) to the student concerned, together with a written statement of the reasons for the decision to give the notice. Note: Decisions to give notice under subsection (1) or (1A) are reviewable under section 202F of the Income Tax Assessment Act 1936. Division 193—Other provisions relating to tax file numbers 193‑1  Giving information about tax file number requirements Requests for HECS‑HELP assistance or FEE‑HELP assistance—requirements on higher education providers  (1) A higher education provider must notify a person in writing how to *meet the tax file number requirements if:  (a) the person is enrolled in a unit of study with the provider; and  (b) the person has, on or before the *census date for the unit, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to the unit or, where the *course of study of which the unit forms a part is undertaken with the provider, in relation to the course of study;  (c) in that request, the person requests *HECS‑HELP assistance or *FEE‑HELP assistance for the unit or the course; and  (2) The provider must notify the person under subsection (1): Requests for FEE‑HELP assistance—requirements on Open Universities Australia  (2A) *Open Universities Australia must notify a person in writing how to *meet the tax file number requirements if:  (a) Open Universities Australia provides access to a unit of study to the person; and  (b) the person has, on or before the *census date for the unit, completed, signed and given to an *appropriate officer of Open Universities Australia a *request for Commonwealth assistance in relation to the unit; and  (c) in that request, the person requests *FEE‑HELP assistance for the unit; and  (2B) *Open Universities Australia must notify the person under subsection (2A):  (b) within 7 days after the person gives Open Universities Australia the *request for Commonwealth assistance;  (2C) A request for Commonwealth assistance, in relation to a person to whom *Open Universities Australia provides access to a unit of study, means a document:  (a) in which the person requests the Commonwealth to provide assistance under this Act in relation to the unit; and Requests for OS‑HELP assistance  (3) A higher education provider must notify a person in writing how to *meet the tax file number requirements if:  (a) the person is enrolled in a *course of study with the provider; and  (b) the person has, before receiving *OS‑HELP assistance, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance; and  (c) in that request, the person requests OS‑HELP assistance in relation to a period of 6 months; and  (4) The provider must notify the person under subsection (3) within 7 days after the person gives the provider the *request for Commonwealth assistance. Requests for SA‑HELP assistance  (4A) A higher education provider must notify a person in writing how to *meet the tax file number requirements if:  (a) the person is enrolled with the provider in a *course of study or *bridging course for overseas‑trained professionals, or an *accelerator program course; and  (b) the provider has imposed a *student services and amenities fee on the person; and  (c) the person has, on or before the day on which the fee is payable, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to a student services and amenities fee imposed on the person for a period during which he or she is enrolled in the course or courses concerned; and  (d) in that request, the person requests *SA‑HELP assistance for the student services and amenities fee; and  (e) the request does not include a number that purports to be the person’s *tax file number.  (4B) The provider must notify the person under subsection (4A):  (a) on or before the day the *student services and amenities fee is payable; or Requests for STARTUP‑HELP assistance  (4C) A higher education provider must notify a person in writing how to *meet the tax file number requirements if:  (a) the person is enrolled in an *accelerator program course with the provider; and  (b) the person has, on or before the *census date for the accelerator program course, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to the course; and  (c) in that request, the person requests *STARTUP‑HELP assistance for the course; and  (4D) The provider must notify the person under subsection (4C):  (a) on or before the *census date for the *accelerator program course; or Cases where there is no obligation to notify  (5) This section does not apply to the person if:  (a) the person, in the *request for Commonwealth assistance, requests *HECS‑HELP assistance, *FEE‑HELP assistance, *OS‑HELP assistance, *SA‑HELP assistance or *STARTUP‑HELP assistance, but the person is not entitled to the assistance; or  (b) the person, in the request for Commonwealth assistance, requests HECS‑HELP assistance in relation to a unit of study, but one or more *up‑front payments for the unit have been made totalling 100% of the person’s *student contribution amount for the unit. Note: In the circumstances set out in paragraph (5)(b), the HECS‑HELP assistance would not involve any loan by the Commonwealth to the person. 193‑5  No entitlement to HECS‑HELP assistance for students without tax file numbers  (1) A higher education provider must cancel a person’s enrolment in a unit of study with the provider if:  (a) the provider receives notice under section 190‑15 or 190‑20 to the effect that the person does not have, or no longer has, a *tax file number; and  (b) at the end of 28 days after the provider receives that notice, the provider has not been notified of a number that the provider is satisfied (in accordance with subsection (3)) is a valid tax file number; and  (c) the person is entitled to *HECS‑HELP assistance for the unit (ignoring paragraph 90‑1(f)); and  (d) the person has not paid, as one or more *up‑front payments in relation to the unit, his or her *student contribution amount for the unit. Note 1: If a person’s enrolment is cancelled under this section, the provider has certain payment obligations: see section 36‑24B. Note 2: The person’s HELP balance in relation to the unit is re‑credited: see subsection 97‑27(1).  (2) The provider must not accept a further enrolment of the person in that unit as a *Commonwealth supported student.  (3) A higher education provider must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(b), comply with the guidelines issued by the *Commissioner under subsection 187‑1(4).  (4) A higher education provider must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons who may be affected by subsection (1) or (3) of the need to obtain a valid *tax file number.  (5) A guideline issued under subsection (4) is a legislative instrument. 193‑10  No entitlement to FEE‑HELP assistance for students without tax file numbers  (1) This subsection applies to a person in relation to a unit of study if:  (a) the person is enrolled with a higher education provider in the unit; and  (b) access to the unit was not provided by *Open Universities Australia; and  (c) the provider receives notice under section 190‑15 or 190‑20 to the effect that the person does not have, or no longer has, a *tax file number; and  (d) at the end of 28 days after the provider receives that notice, the provider has not been notified of a number that the provider is satisfied (in accordance with subsection (3)) is a valid tax file number; and  (e) the person is entitled to *FEE‑HELP assistance for the unit (ignoring paragraph 104‑1(1)(h)). Note: The person’s HELP balance in relation to the unit is re‑credited: see subsection 104‑27(1).  (2) This subsection applies to a person in relation to a unit of study if:  (a) the person is enrolled in the unit; and  (b) access to the unit was provided by *Open Universities Australia; and  (c) Open Universities Australia receives notice under section 190‑15 or 190‑20 to the effect that the person does not have, or no longer has, a *tax file number; and  (d) at the end of 28 days after Open Universities Australia receives that notice, Open Universities Australia has not been notified of a number that it is satisfied (in accordance with subsection (3)) is a valid tax file number; and  (e) the person is entitled to *FEE‑HELP assistance for the unit (ignoring paragraph 104‑1(1)(h)). Note: The person’s HELP balance in relation to the unit is re‑credited: see subsection 104‑27(2).  (3) A higher education provider or *Open Universities Australia must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(d) or (2)(d), as the case may be, comply with the guidelines issued by the *Commissioner under subsection 187‑1(4).  (4) A higher education provider or *Open Universities Australia must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons of the need to obtain a valid *tax file number, where the persons may be affected by subsection (1) or (2), as the case may be, applying to them.  (5) A guideline issued under subsection (4) is a legislative instrument. 193‑15  No entitlement to SA‑HELP assistance for students without tax file numbers  (1) This subsection applies to a person if:  (a) a higher education provider has imposed a *student services and amenities fee on the person; and  (b) the provider receives notice under section 190‑15 or 190‑20 to the effect that the person does not have, or no longer has, a *tax file number; and  (c) at the end of 28 days after the provider receives that notice, the provider has not been notified of a number that the provider is satisfied (in accordance with subsection (2)) is a valid tax file number; and  (d) the person is entitled to *SA‑HELP assistance for the fee (ignoring paragraph 126‑1(1)(c)). Note: If subsection (1) applies to a person: (a) the provider must repay any amount paid to the provider by the Commonwealth to discharge the person’s liability for the student services and amenities fee (see section 128‑5); and (b) the person’s SA‑HELP debt relating to the payment by the Commonwealth is remitted (see subsection 137‑16(4)).  (2) A higher education provider must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(c), comply with the guidelines issued by the *Commissioner under subsection 187‑1(4).  (3) A higher education provider must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons of the need to obtain a valid *tax file number, where the persons may be affected by subsection (1) applying to them.  (4) A guideline issued under subsection (3) is a legislative instrument. 193‑20  No entitlement to STARTUP‑HELP assistance for students without tax file numbers  (1) This subsection applies to a person in relation to an *accelerator program course if:  (a) the person is enrolled with a higher education provider in the course; and  (b) the provider receives notice under section 190‑15 or 190‑20 to the effect that the person does not have, or no longer has, a *tax file number; and  (c) at the end of 28 days after the provider receives that notice, the provider has not been notified of a number that the provider is satisfied (in accordance with subsection (2)) is a valid tax file number; and  (d) the person is entitled to *STARTUP‑HELP assistance for the course (ignoring paragraph 128B‑1(1)(f)). Note: If this section applies then the amount of the STARTUP‑HELP assistance is reversed (see section 128E‑20). For the consequences if an amount of assistance is reversed, see sections 128D‑5, 128D‑10 and 137‑17. See also paragraph 128B‑1(1)(c).  (2) A higher education provider must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(c), comply with the guidelines issued by the *Commissioner under subsection 187‑1(4).  (3) A higher education provider must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons of the need to obtain a valid *tax file number, where the persons may be affected by subsection (1) applying to them.  (4) A guideline issued under subsection (3) is a legislative instrument. Part 5‑6—Indexation Division 198—Indexation 198‑1  What this Part is about Several amounts referred to in provisions of this Act are indexed. This Part sets out how those amounts are indexed. Note 1: Different methods of indexation are used for the indexing of accumulated HELP debts under section 140‑10, and for the indexing of HELP repayment thresholds under section 154‑25. Note 2: Guidelines may provide for amounts to be indexed using the method of indexation set out in this Part. 198‑5  The amounts that are to be indexed  (1) This table sets out the amounts that are to be indexed.   - Amounts that are to be indexed - Item Amounts: See: - 1A Amount mentioned in paragraph 19‑37(5)(e) Section 19‑37 - 1 *Commonwealth contribution amount Subsection 33‑10(1) - 2A *Grandfathered Commonwealth contribution amount Subsection 33‑10(2) - 2 Reduction amount Section 33‑37 - 3 *Maximum student contribution amount for a place Section 93‑10 - 4 The *HELP loan limit Section 128‑20 - 5 *Maximum OS‑HELP (overseas study) amounts Section 121‑5 - 6 The *maximum OS‑HELP (Asian language study) amount Section 121‑15  (2) The amount mentioned in the section referred to in an item of the table, for a calendar year with an indexation factor greater than 1, is replaced by the amount worked out in accordance with section 198‑10. 198‑10  Indexing amounts  (1) An amount is indexed on 1 January each year, by multiplying it by the *indexation factor for the year.  (2) However an amount is not indexed if its *indexation factor is 1 or less.  (3) If an amount worked out under subsection (1) is an amount made up of dollars and cents, round the amount down to the nearest dollar. 198‑15  Meaning of indexation factor  (1) The indexation factor for the relevant year is:  December base quarter means the *quarter ending on the 31 December that is 2 years and a day before the relevant 1 January. December reference quarter means the *quarter ending on the 31 December that is a year and a day before the relevant 1 January.  (2) Work out the *indexation factor to 3 decimal places (rounding up if the fourth decimal place is 5 or more). Example: If the factor is 1.102795, it is rounded up to 1.103. 198‑20  Meaning of index number  (1) The index number for a *quarter is the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the *Australian Statistician in respect of that quarter.  (2) Subject to subsection (3), if, at any time before or after the commencement of this subsection:  (a) the *Australian Statistician has published or publishes an index number in respect of a *quarter; and  (b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter; disregard the publication of the later index number for the purposes of this section.  (3) If, at any time before or after the commencement of this subsection, the *Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this section after the change took place or takes place, have regard only to *index numbers published in terms of the new index reference period. Part 5‑7—Review of decisions Division 203—Introduction 203‑1  What this Part is about Some decisions made under this Act are subject to reconsideration and then review by the Administrative Review Tribunal. Division 206—Which decisions are subject to review? 206‑1  Reviewable decisions etc.   The table sets out:  (a) the reviewable decisions under this Act; and  (b) the decision maker, for the purposes of this Division, in respect of each of those decisions.   - Reviewable decisions - Item Decision Provision under which decision is made Decision maker - 1AA A decision to impose a condition on the approval of a higher education provider subsection 16‑60(1) the Minister - 1AB A decision to vary a condition imposed on the approval of a higher education provider subsection 16‑60(2) the Minister - 1ABA A decision not to make a determination that a higher education provider:(a) is not required to allocate an amount than would otherwise be required; or(b) may allocate an amount lower than would otherwise be required. 19‑40 the *Secretary - 1AC A decision that a person is not a genuine student in relation to a unit of study subsection 36‑5(5) the *Secretary - 1AD A decision that undertaking a unit of study will impose an unreasonable study load on a student subsection 36‑12(2) (a) the higher education provider with whom the student is enrolled in the unit; or(b) if the *Secretary made the decision—the Secretary - 1a A decision that section 36‑20 does not apply to a person section 36‑20 (a) the higher education provider with whom the student is enrolled in the unit; or(b) if the *Secretary made the decision that the section does not apply—the Secretary - 1AAA If a person applies for a grant for the purposes specified in item 14 of the table in subsection 41‑10(1) and the grant is not approved—the decision not to approve the grant section 41‑20 the Minister - 1BA Refusal to re‑credit a person’s *SLE amount with an amount equal to the *EFTSL value of a unit of study subsection 79‑1(1) (a) the higher education provider with whom the student is enrolled in the unit; or(b) if the *Secretary made the decision to refuse the re‑crediting—the Secretary - 1BB Refusal to re‑credit one or more of the amounts referred to in paragraphs 79‑1(2)(a), (b) and (c) to take account of a re‑credit of a person’s *SLE amount under subsection 79‑1(1) subsection 79‑1(2) (a) the higher education provider with whom the student is enrolled in the unit; or(b) if the *Secretary made the decision to refuse the re‑crediting—the Secretary - 1B Refusal to re‑credit a person’s *HELP balance subsection 97‑25(2) (a) the higher education provider with whom the student is enrolled in the unit; or(b) if the *Secretary made the decision to refuse the re‑crediting—the Secretary - 1C Refusal to re‑credit a person’s *HELP balance subsection 97‑45(1) (a) the higher education provider with whom the student is enrolled in the unit; or(b) if the *Secretary made the decision—the Secretary - 1D Refusal to re‑credit a person’s *HELP balance subsection 97‑50(1) (a) the higher education provider with whom the student is enrolled in the unit; or(b) if the *Secretary made the decision—the Secretary - 1E A decision that a student is not a genuine student in relation to a unit of study subsection 104‑1(1AA) the *Secretary - 1F A decision that undertaking a unit of study will impose an unreasonable study load on a student subsection 104‑1AA(2) (a) the higher education provider with whom the student is enrolled in the unit; or(b) if the *Secretary made the decision—the Secretary - 2 Refusal to re‑credit a person’s *HELP balance subsection 104‑25(1) (a) the higher education provider with whom the student is enrolled in the unit; or(b) if the *Secretary made the decision to refuse the re‑crediting—the Secretary - 2A Refusal to re‑credit a person’s *HELP balance subsection 104‑25(2) (a) *Open Universities Australia; or(b) if the *Secretary made the decision to refuse the re‑crediting—the Secretary - 2AAA A decision that a student is not a genuine student in relation to an *accelerator program course section 128B‑10 the *Secretary - 2AAB A decision that undertaking an *accelerator program course will impose an unreasonable study load on a student subsection 128B‑15(2) (a) the higher education provider with whom the student is enrolled in the accelerator program course; or(b) if the *Secretary made the decision—the Secretary - 2AAC A decision that section 128E‑1 does not apply to a person subsection 128E‑1(1) (a) the higher education provider with whom the student is enrolled in the *accelerator program course; or(b) if the *Secretary made the decision that the section does not apply—the Secretary - 2AA A decision that the indexation of a person’s *accumulated HELP debt is not to be reduced, or is to be reduced in respect of a particular number of days section 142‑10 or 144‑5 the *Secretary - 2AB A decision that a person’s accumulated HELP debt is not to be reduced, or is to be reduced by a particular amount section 142‑15 or 144‑10 the *Secretary - 3 Deferral of making an assessment or refusal to defer the making of an assessment section 154‑45 the *Commissioner - 4 Amending the assessment or refusal to amend an assessment section 154‑50 the *Commissioner - 5 A determination that Part 5‑1A applies, or does not apply, to a specified higher education provider subsection 166‑5(2) the Minister - 6 A decision that the *Higher Education Tuition Protection Director is satisfied that there are one or more suitable *replacement courses for a student paragraph 166‑26B(2)(a) the Higher Education Tuition Protection Director - 7 A decision that the *Higher Education Tuition Protection Director is not satisfied that there is a suitable *replacement course for a student paragraph 166‑26B(2)(b) the Higher Education Tuition Protection Director Note 1: The decisions referred to in items 1A, 1BA, 1BB, 1B, 1C, 1D and 2 of the table are made by a higher education provider on the Secretary’s behalf. Note 2: The decisions referred to in item 2A of the table are made by Open Universities Australia on the Secretary’s behalf. 206‑5  Deadlines for making reviewable decisions   If:  (a) this Act provides for a person to apply to a *decision maker to make a *reviewable decision; and  (b) a period is specified under this Act for giving notice of the decision to the applicant; and  (c) the decision maker has not notified the applicant of the decision maker’s decision within that period; the decision maker is taken, for the purposes of this Act, to have made a decision to reject the application. 206‑10  Decision maker must give reasons for reviewable decisions  (1) If this Act requires the *decision maker to notify a person of the making of a *reviewable decision, the notice must include reasons for the decision.  (2) Subsection (1) does not affect an obligation, imposed upon the *decision maker by any other law, to give reasons for a decision. Division 209—How are decisions reconsidered? 209‑1  Reviewer of decisions  (1) The reviewer of a *reviewable decision is:  (a) if the *decision maker was a higher education provider acting on behalf of the *Secretary—the Secretary; or  (b) if the *decision maker was *Open Universities Australia acting on behalf of the *Secretary—the Secretary; or  (c) in any other case—the decision maker, but see subsection (2).  (a) a *reviewable decision was made by a delegate of a *decision maker; and  (b) the decision is to be reconsidered by a delegate of the decision maker; then the delegate who reconsiders the decision must be a person who:  (c) was not involved in making the decision; and  (d) occupies a position that is senior to that occupied by any person involved in making the decision. Note 1: The Secretary may delegate to a review officer of a higher education provider the power to reconsider reviewable decisions made under subsection 36‑12(2) or 36‑20(1) or Chapter 3: see subsection 238‑1(2). Note 2: The Secretary may also delegate to a review officer of Open Universities Australia the power to reconsider reviewable decisions made under Chapter 3: see subsection 238‑1(2A). 209‑5  Reviewer may reconsider reviewable decisions  (1) The *reviewer of a *reviewable decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.  (2) The *reviewer may reconsider the decision even if:  (a) an application for reconsideration of the decision has been made under section 209‑10; or  (b) the decision has been confirmed, varied or set aside under section 209‑10 and an application has been made under section 212‑1 for review of the decision.  (2A) If an application has been made under section 212‑1 for review of a *reviewable decision, section 31 (decision cannot be altered outside Tribunal process) of the Administrative Review Tribunal Act 2024 applies to the decision if:  (a) the application is referred to the *guidance and appeals panel under section 122 of that Act; or  (b) a *guidance and appeals panel application is taken to be made because the Administrative Review Tribunal’s decision on the review is referred to the guidance and appeals panel under section 128 of that Act.  (3) After reconsidering the decision, the *decision maker must, subject to subsection (2A):  (4) The *reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:  (5) The *reviewer must give written notice of the decision on review to the person to whom that decision relates.  (6) The notice:  (a) must be given within a reasonable period after the decision is made; and  (b) must contain a statement of the reasons for the *reviewer’s decision on review. Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights. 209‑10  Reconsideration of reviewable decisions on request  (1) A person whose interests are affected by a *reviewable decision may request the *reviewer to reconsider the decision.  (2) The person’s request must be made by written notice given to the *reviewer within 28 days, or such longer period as the reviewer allows, after the day on which the person first received notice of the decision.  (3) The notice must set out the reasons for making the request.  (4) After receiving the request, the *reviewer must reconsider the decision and:  (4A) Despite subsection (4), the *reviewer is not required to reconsider the decision if:  (a) the decision was made under paragraph 166‑26B(2)(b); and  (b) the person gave notice in writing, under paragraph 166‑26B(8)(c), that the person would not seek reconsideration of the decision.  (5) The *reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:  (5A) The *reviewer must give the person written notice of the decision on review.  (5B) The notice:  (a) must be given within a reasonable period after the decision on review is made; and  (b) must contain a statement of the reasons for the decision on review.  (6) The *reviewer is taken, for the purposes of this Part, to have confirmed the decision if the reviewer does not give notice of a decision to the person within 45 days after receiving the person’s request. Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights. Division 212—Which decisions are subject to ART review? 212‑1  ART review of reviewable decisions  (1) An application may be made to the Administrative Review Tribunal for the review of a *reviewable decision that has been confirmed, varied or set aside under section 209‑5 or 209‑10.  (2) Despite subsection (1), an application cannot be made for the review of a decision made under paragraph 166‑26B(2)(a) or (b) (about suitable replacement courses). Part 5‑8—Regulatory powers   215‑1  What this Part is about Certain persons have monitoring and investigation powers under the Regulatory Powers Act to ensure this Act is being complied with. This Part also provides for the application of the Regulatory Powers Act in relation to civil penalties, infringement notices, enforceable undertakings and injunctions. 215‑5  Monitoring powers  (1) The provisions of this Act (other than Schedule 1A) are subject to monitoring under Part 2 of the *Regulatory Powers Act. Note 1: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection. Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑C of that Schedule.  (2) Information given in compliance or purported compliance with a provision mentioned in subsection (1) is subject to monitoring under Part 2 of the *Regulatory Powers Act. Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.  (3) For the purposes of Part 2 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):  (a) each *HESA investigator and *TEQSA investigator is an authorised applicant; and  (b) each HESA investigator and TEQSA investigator is an authorised person; and  (d) for an authorised person who is a HESA investigator, the *Secretary is the relevant chief executive; and  (e) for an authorised person who is a TEQSA investigator, the Chief Executive Officer of *TEQSA is the relevant chief executive; and  (f) each *applicable court is a relevant court.  (4) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to this Act (other than Schedule 1A). 215‑10  Investigation powers  (1) A provision is subject to investigation under Part 3 of the *Regulatory Powers Act if it is:  (a) a *civil penalty provision of this Act (other than Schedule 1A); or  (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act (other than Schedule 1A). Note 1: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure. Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑C of that Schedule.  (2) For the purposes of Part 3 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):  (a) each *HESA investigator and *TEQSA investigator is an authorised applicant; and  (b) each HESA investigator and TEQSA investigator is an authorised person; and  (d) for an authorised person who is a HESA investigator, the *Secretary is the relevant chief executive; and  (e) for an authorised person who is a TEQSA investigator, the Chief Executive Officer of *TEQSA is the relevant chief executive; and  (f) each *applicable court is a relevant court.  (3) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the *Regulatory Powers Act in relation to this Act (other than Schedule 1A). 215‑15  Civil penalty provisions  (1) Each *civil penalty provision of this Act (other than Schedule 1A) is enforceable under Part 4 of the *Regulatory Powers Act. Note 1: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision. Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑A of that Schedule.  (2) For the purposes of Part 4 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):  (a) each of the following is an authorised applicant:  (i) the *Secretary;  (ii) an SES employee, or an acting SES employee, in the Department; and  (3) For the purposes of Part 4 of the *Regulatory Powers Act as it applies in relation to Part 5‑1A of this Act, the *Higher Education Tuition Protection Director is an authorised applicant. 215‑20  Infringement notices  (1) A *civil penalty provision of this Act (other than Schedule 1A) is subject to an infringement notice under Part 5 of the *Regulatory Powers Act. Note 1: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions. Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑B of that Schedule.  (2) For the purposes of Part 5 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):  (a) each of the following is an infringement officer:  (i) a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is an SES employee or an acting SES employee;  (ii) a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position;  (iii) an SES employee, or an acting SES employee, in the Department; and  (b) the relevant chief executive is:  (i) for an infringement notice given by an infringement officer covered by subparagraph (a)(i) or (ii)—the Chief Executive Officer of *TEQSA; or  (ii) for an infringement notice given by an infringement officer covered by subparagraph (a)(iii)—the *Secretary.  (3) For the purposes of Part 5 of the *Regulatory Powers Act as it applies in relation to Part 5‑1A of this Act, the *Higher Education Tuition Protection Director:  (a) is an infringement officer; and  (b) is the relevant chief executive. 215‑25  Enforceable undertakings  (1) The provisions of this Act (other than Schedule 1A) are enforceable under Part 6 of the *Regulatory Powers Act. Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.  (2) For the purposes of Part 6 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):  (a) the *Secretary is an authorised person; and 215‑30  Injunctions  (1) The provisions of this Act (other than Schedule 1A) are enforceable under Part 7 of the *Regulatory Powers Act. Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.  (2) For the purposes of Part 7 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):  (a) the *Secretary is an authorised person; and 215‑35  Appointment of investigators  (1) The *Secretary may, in writing, appoint a person as a HESA investigator.  (2) The Chief Executive Officer of *TEQSA may, in writing, appoint a member of the staff of TEQSA (within the meaning of the *TEQSA Act) as a TEQSA investigator.  (3) A person must not be appointed as a *HESA investigator, or a *TEQSA investigator, unless the appointer is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of such an investigator.  (4) A *HESA investigator, and a *TEQSA investigator, must, in exercising powers as such, comply with any directions of the appointer.  (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument. 215‑40  Delegation of regulatory powers  (1) The *Secretary may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to this Act (other than Schedule 1A), to an SES employee, or an acting SES employee, in the Department.  (1A) The *Higher Education Tuition Protection Director may, in writing, delegate the following functions and powers to an SES employee, or an acting SES employee, in the Department:  (a) the Director’s functions and powers under the *Regulatory Powers Act as it applies in relation to Part 5‑1A of this Act;  (b) the Director’s functions and powers under the Regulatory Powers Act as it applies in relation to Part 5A of the *TEQSA Act.  (2) The Chief Executive Officer of *TEQSA may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to this Act, to a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is:  (a) an SES employee or an acting SES employee; or  (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.  (3) A person exercising powers or performing functions under a delegation under subsection (1) or (2) must comply with any directions of the delegator. 215‑45  Contravening offence and civil penalty provisions  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.  (2) For the purposes of this Act, and the *Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a *civil penalty provision includes a reference to a contravention of the conduct provision. 215‑50  Certain references to higher education provider include references to agent   A reference in a *civil penalty provision in this Act to a higher education provider includes a reference to a person acting on behalf of the provider. 215‑55  Other enforcement action   To avoid doubt, taking action under this Part does not limit the taking of action under any other provision of this Act. Chapter 7—Miscellaneous     238‑1A  Giving false or misleading information  (1) A person contravenes this subsection if:  (a) a person gives information or a document under, or for the purposes of, this Act; and  (b) the information or document:  (i) is false or misleading; or  (ii) omits any matter or thing without which the information or document is misleading.  (2) Subsection (1) does not apply if the information or document is not false or misleading in a material particular. 238‑1  Delegations by Secretary  (1) The *Secretary may, in writing, delegate to an APS employee all or any of the powers of the Secretary under this Act, the regulations or any Guidelines made under section 238‑10.  (2) The *Secretary may, in writing, delegate to a *review officer of a higher education provider the Secretary’s powers under Division 209 to reconsider *reviewable decisions made by the provider:  (b) relating to Chapter 3.  (2A) The *Secretary may, in writing, delegate to a *review officer of *Open Universities Australia the Secretary’s powers under Division 209 to reconsider *reviewable decisions made by Open Universities Australia relating to Chapter 3.  (2B) A review officer of *Open Universities Australia is a person, or a person included in a class of persons, whom:  (a) the chief executive officer of Open Universities Australia; or  (b) a delegate of the chief executive officer of Open Universities Australia; has appointed to be a review officer of Open Universities Australia for the purposes of reviewing decisions made by it relating to assistance under Chapter 3.  (3) In exercising powers under the delegation, the delegate must comply with any directions of the *Secretary. 238‑5  Delegations by Minister  (1) The Minister may, by writing, delegate to:  (a) the *Secretary; or  (aa) the *Higher Education Tuition Protection Director; or  (b) an APS employee; all or any of the Minister’s powers under this Act (other than under section 38‑45, 41‑45 or 46‑40).  (2) In exercising powers under the delegation, the delegate must comply with any directions of the Minister. 238‑6  Delegations by Higher Education Tuition Protection Director  (1) The *Higher Education Tuition Protection Director may, in writing, delegate all or any of the Director’s functions or powers under this Act (other than paragraphs 167‑20(1)(e) and (ea) and Part 5‑8) or the *TEQSA Act (other than Division 5 of Part 7 of that Act) to an APS employee who holds or performs the duties of an APS Level 6 position, or an equivalent or higher position, in the Department. Note 1: Paragraphs 167‑20(1)(e) and (ea) give the Higher Education Tuition Protection Director the functions of making a legislative instrument under section 13 of the Higher Education Support (HELP Tuition Protection Levy) Act 2020 and section 13 of the Higher Education (Up‑front Payments Tuition Protection Levy) Act 2020. Note 2: Paragraph 167‑20(1)(g) of this Act gives the Higher Education Tuition Protection Director certain functions in relation to tuition protection under the TEQSA Act.  (2) Before delegating a function or power under subsection (1), the Higher Education Tuition Protection Director must have regard to:  (a) if the function or power is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or exercise the power; or  (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.  (3) In performing functions or exercising powers under the delegation, the delegate must comply with any directions of the *Higher Education Tuition Protection Director. 238‑7  Review of operation of tuition protection  (1) Before 1 July 2021, the Minister must commence a review of the operation of Parts 5‑1A (about tuition protection) and 5‑1B (about the *Higher Education Tuition Protection Fund and related matters). Note: The review must be conducted at the same time as a review of the operation of Parts 5 and 5A of the Education Services for Overseas Students Act 2000 and of Parts 5A and 5B of the VET Student Loans Act 2016 (see section 113A of the latter Act).  (2) The Minister must cause to be prepared a report of a review under subsection (1).  (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report. 238‑8  Extent of Commissioner’s general administration of this Act   The *Commissioner has the general administration of this Act to the following extent:  (a) Chapter 4, except subsection 154‑25(4);  (b) section 179‑25;  (c) section 179‑30, so far as it relates to the Commissioner;  (d) Part 5‑5;  (e) Divisions 206 and 209, so far as they relate to *reviewable decisions for which the Commissioner is the *decision maker;  (f) clause 76 of Schedule 1A;  (g) clause 77 of Schedule 1A, so far as that clause relates to the Commissioner;  (h) Division 15 of Schedule 1A. 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. 238‑10  Guidelines  (1) The Minister may, by legislative instrument, make Guidelines, specified in the second column of the table, providing for matters:  (a) required or permitted by the corresponding provision (or a term defined in the Dictionary in Schedule 1 that is required for the purposes of the provision) specified in the third column of the table to be provided; or  (b) necessary or convenient to be provided in order to carry out or give effect to that provision.   - Guidelines - Item Guidelines Provision - 1 Administration Guidelines section 19‑37; section 33‑30; section 36‑21; Chapter 5 - 2 Commonwealth Grant Scheme Guidelines Part 2‑2 - 3 Commonwealth Scholarships Guidelines Part 2‑4 - 4 FEE‑HELP Guidelines Part 3‑3; section 128‑20 - 5 HECS‑HELP Guidelines Part 3‑2 - 6 Higher Education Provider Guidelines Part 2‑1; Division 36; Subdivision 104‑A; section 110‑5; Parts 5‑1A and 5‑1B; section 169‑17; section 169‑18 - 6A Indigenous Student Assistance Grants Guidelines Part 2‑2A - 7 OS‑HELP Guidelines Part 3‑4 - 7A STARTUP‑HELP Guidelines Part 3‑7 - 8 Other Grants Guidelines Part 2‑3 - 8AA HELP Debtor Guidelines (Teachers) Part 4‑1 - 8AB HELP Debtor Guidelines (Health Practitioners) Part 4‑1 - 8A Overseas Debtors Repayment Guidelines Part 4‑2 - 10 Student Learning Entitlement Guidelines Part 3‑1 - 10A Student Services, Amenities, Representation and Advocacy Guidelines section 19‑39, 19‑40 and 19‑67 Note: The HELP Debtor Guidelines (Teachers) were previously known as the Very Remote HELP Debtor Guidelines.  (1A) The Minister may, by legislative instrument, make Guidelines, called Guidelines for Overseas Higher Education Providers, specifying additional requirements or conditions applicable to *Table C providers.  (2) The Minister may, by legislative instrument, make Higher Education Provider Guidelines providing for matters required or permitted by the Higher Education Support (HELP Tuition Protection Levy) Act 2020 to be provided by the Higher Education Provider Guidelines. Indexation  (3) Guidelines may provide for the indexation of any or all amounts in the Guidelines, using the method of indexation set out in Part 5‑6. HELP Debtor Guidelines (Health Practitioners)  (4) The Minister must consult the Treasurer before specifying a kind of health practitioner in the HELP Debtor Guidelines (Health Practitioners) for the purposes of paragraph 144‑1(1)(d).  (5) Despite subsection 14(2) of the Legislation Act 2003, the HELP Debtor Guidelines (Health Practitioners) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time. 238‑12  Appropriation  (1) Amounts payable by the Commonwealth under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.  (2) Subsection (1) does not apply in relation to amounts payable in respect of members of the *AEA Advisory Board (see Subdivision 42‑B) or priority managers engaged under section 42‑75. 238‑15  Regulations   The Governor‑General may make regulations prescribing matters:  (a) required or permitted by this Act to be prescribed; or  (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. Schedule 1A—VET FEE‑HELP Assistance Scheme Note: See section 6‑1.