17Applications for loans

17 Applications for loans

(1) An application for a VET student loan for a course must: (a) include the student’s tax file number or a certificate from the Commissioner stating that the student has applied to the Commissioner asking the Commissioner to issue a tax file number to the student; and (b) include the student’s student identifier. (2) The application: (a) must be in the form approved by the Secretary; and (b) must not be made before the end of any period specified in the rules; and (c) must meet any other requirements set out in the rules. (3) The application must be signed by both the student and a responsible parent of the student if the following apply: (a) the student is under 18 years of age; (b) the student has a responsible parent; (c) the student has not received youth allowance (within the meaning of the Social Security Act 1991) on the basis that the student is independent (within the meaning of Part 2.11 of that Act). (4) The Secretary may: (a) request the student to provide further information for the purposes of deciding the application; and (b) require some or all of the further information to be provided as a statutory declaration. (5) A course provider contravenes this subsection if the provider completes any part of an application for a VET student loan that the student is required to complete.

Civil penalty: 120 penalty units.

(6) A course provider contravenes this subsection if: (a) the provider collects information (including from a student) for the purposes of, or in relation to, applications by students for VET student loans; and (b) the provider: (i) gives the collected information to the Secretary; or (ii) gives the Secretary information based on the collected information; and (c) either or both of the following apply: (i) the collected information omits a material particular or is incorrect in a material particular; (ii) the information based on the collected information omits a material particular or is incorrect in a material particular.

Note: This subsection means that providers will need to verify information they collect from students for the purposes of, or in relation to, applications by students for VET student loans.

Civil penalty: 120 penalty units.

(7) Subparagraph (6)(c)(i) does not apply if the provider has taken the steps (if any) set out in rules made under subsection 48(1) to verify that the collected information is correct.

Note: Under section 48, the rules may require an approved course provider to have specified processes and procedures in place.

(8) Subparagraph (6)(c)(ii) does not apply if: (a) the information is incorrect only because the collected information is incorrect; and (b) the provider has taken the steps (if any) set out in rules made under subsection 48(1) to verify that the collected information is correct.