6Definitions

#### 6 Definitions In this Act: > accumulated VETSL debt: see subsection 23CC(1). > affected part, of an original course, means a part of the course that a student was enrolled in when an approved course provider defaulted in relation to the student. > approved course: see section 13. > approved course provider: see section 24. > approved external dispute resolution scheme: see section 42B. > approved external dispute resolution scheme operator: see paragraph 42B(c). > approved form has the meaning given by section 388‑50 in Schedule 1 to the Taxation Administration Act 1953. > assessed worldwide income has the same meaning as in the Higher Education Support Act 2003. > Australian Privacy Principles has the same meaning as in the Privacy Act 1988. > Australian Qualifications Framework means the framework for recognition and endorsement of qualifications: (a) that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and (b) that is to give effect to agreed standards in relation to the provision of education in Australia; as in force from time to time. > Note: The Australian Qualifications Framework could in 2016 be viewed on the Australian Qualifications Framework website (http://www.aqf.edu.au). > census day: see subsection 58(3). > civil penalty provision has the same meaning as in the Regulatory Powers Act. > cold‑calling: see subsections 62(2) and (3). > commence, in relation to winding up a body corporate, has the same meaning as in the Corporations Act 2001. > Commissioner means the Commissioner of Taxation. > Commonwealth officer has the same meaning as in the Higher Education Support Act 2003. > compliance audit: see subsection 45(2). > compliance notice: see subsection 43(3). > compulsory VETSL repayment amount means an amount that: (a) is required to be paid in respect of an accumulated VETSL debt under section 23EA or 23EC; and (b) is included in a notice of an assessment made under section 23EE. > course means a course of study. > course provider means a person who provides, or offers to provide, a course of study. > courses and loan caps determination: see subsection 16(2). > covered fees: see subsection 56(3). > decision maker: see paragraph 74(b). > decision notice: see subsection 36(4). > default: see section 66B. > Departmental investigator: see subsection 88(1). > dependent child means a person who is aged under 18 and does not have a spouse or de facto partner. > Education Minister means the Minister who administers the Education Services for Overseas Students Act 2000. > electronic communication has the same meaning as in the Electronic Transactions Act 1999. > eligible student: see section 9. > executive officer, of an approved course provider, means a person (whether or not a director of the provider) who is concerned in, or takes part in, the management of the provider. > foreign resident has the same meaning as in the Income Tax Assessment Act 1997. > former accumulated VETSL debt: see subsection 23CB(1). > genuine student has a meaning affected by any rules made for the purposes of this definition. > guidance and appeals panel has the same meaning as in the Administrative Review Tribunal Act 2024. > guidance and appeals panel application has the same meaning as in the Administrative Review Tribunal Act 2024. > HELP balance has the same meaning as in the Higher Education Support Act 2003. > income tax has the same meaning as in the Income Tax Assessment Act 1997. > income year has the same meaning as in the Income Tax Assessment Act 1997. > intention notice: see subsection 36(2). > judicial officer means: (a) a magistrate; or (b) a Judge of a court of a State or Territory; or (c) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or (d) a Judge of the Federal Court of Australia. > listed course provider: see subsection 27(2). > loan amount means all or a part of a VET student loan. > Medicare levy means Medicare levy imposed by the Medicare Levy Act 1986. > member of an approved external dispute resolution scheme that is Part IIE of the Ombudsman Act 1976 (which establishes the VET Student Loans Ombudsman): see section 42BA of this Act. > minimum repayment income has the same meaning as in the Higher Education Support Act 2003. > National VET Regulator has the same meaning as in the National Vocational Education and Training Regulator Act 2011. > NVETR investigator: see subsection 88(2). > NVETR staff member means a member of the staff of the Regulator (within the meaning of the National Vocational Education and Training Regulator Act 2011). > officer of an approved course provider means: (a) an officer or employee of an approved course provider; or (b) a person who performs services for or on behalf of an approved course provider. > officer of an approved external dispute resolution scheme operator means: (a) an officer or employee of an approved external dispute resolution scheme operator; or (b) if the VET Student Loans Ombudsman is an approved external dispute resolution scheme operator—the VET Student Loans Ombudsman or a member of the staff of the VET Student Loans Ombudsman (see Part IIE of the Ombudsman Act 1976); or (c) in any case—a person who performs services for or on behalf of an approved external dispute resolution operator. > officer of a Tertiary Admission Centre has the same meaning as in the Higher Education Support Act 2003. > ongoing information requirements: see subsection 52(1). > original course means an approved course in relation to which an approved course provider has defaulted. > Pacific engagement visa: see subsection 11(1B). > permanent humanitarian visa: see subsection 11(1A). > permitted purpose: see subsection 95(1). > personal information has the same meaning as in the Privacy Act 1988. > provider fee limit: see subsection 34(3). > qualifying New Zealand citizen: see subsection 11(2). > registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011. > Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. > repayable VETSL debt: see subsection 23EB(1). > repayment income has the same meaning as in the Higher Education Support Act 2003. > replacement component means a part of a replacement course that replaces an affected part of an original course. > replacement course means an approved course that enables a student to finish: (a) an original course; or (b) a course that is equivalent to an original course. > responsible parent has the same meaning as in the Australian Citizenship Act 2007. > return means an income tax return within the meaning of subsection 995‑1(1) of the Income Tax Assessment Act 1997. > reviewable decision: see paragraph 74(a). > rules means the rules made under section 116. > Secretary means the Secretary of the Department. > special category visa has the same meaning as in the Migration Act 1958. > special circumstances: see subsection 68(3). > student includes a prospective student. > student entry procedure means a course provider’s procedure to ensure that a student is academically suited to undertake a course. > student identifier has the same meaning as in the Student Identifiers Act 2014. > Table A provider has the same meaning as in the Higher Education Support Act 2003. > Table B provider has the same meaning as in the Higher Education Support Act 2003. > taxable income has the same meaning as in the Income Tax Assessment Act 1997. > tax file number has the same meaning as in the Income Tax Assessment Act 1936. > TEQSA means the body established by section 132 of the Tertiary Education Quality and Standards Agency Act 2011. > this Act includes: (a) the rules; and (b) any other instrument made under this Act; and (c) the Higher Education Support Act 2003 to the extent that it relates to this Act; and (d) any instrument made under the Higher Education Support Act 2003 to the extent that the instrument relates to this Act. > unacceptable conduct: see subsection 71(2). > VET information means information obtained or created for the purposes of this Act. > VET officer means: (a) a Commonwealth officer; or (b) an officer of a Tertiary Admission Centre; or (c) an officer of an approved course provider; or (e) an officer of an approved external dispute resolution scheme operator. > VET Regulator has the same meaning as in the National Vocational Education and Training Regulator Act 2011. > VETSL debt: see subsection 23BA(1). > VET student loan: see subsection 7(2). > voluntary repayment means a payment made to the Commissioner in discharge of an accumulated VETSL debt or a VETSL debt. It does not include a payment made in discharge of a compulsory VETSL repayment amount. > VSL Tuition Protection Director means the person referred to in section 66M. > VSL Tuition Protection Fund means the VSL Tuition Protection Fund established by section 66J. > VSL Tuition Protection Fund Advisory Board means the VSL Tuition Protection Fund Advisory Board established by section 66Q. > VSL tuition protection levy means levy imposed by the VET Student Loans (VSL Tuition Protection Levy) Act 2019.