Part 6Tuition Protection

Part 6 – Tuition Protection

Division 1 – VSL tuition protection levy

40 Purpose of this Division

This Division is made for the purposes of subsection 49A(2) of the Act.

41 Notice of amount of VSL tuition protection levy

(1) The VSL Tuition Protection Director must specify in a written notice given to each approved course provider who is liable to pay VSL tuition protection levy:

(a) the amount of each component of the provider’s levy;

(b) the total amount of the provider’s levy;

(c) an explanation of how each component of the provider’s levy was calculated; and

(d) the business day by which the levy is due and payable by the provider.

(2) The day mentioned in paragraph (1)(d) of this section must be at least 14 days after the day the notice is given.

(3) A failure to give a provider the notice under subsection (1) does not affect the liability of the provider to pay a VSL tuition protection levy.

(4) Subsections (1) and (3) do not apply if the liability to pay the VSL tuition protection levy is waived under section 41A.

Note 1: VSL tuition protection levy is imposed on approved course providers to whom Part 5A of the Act applies under the VET Student Loans (VSL Tuition Protection Levy) Act 2019.

Note 2: Section 49A of the Act requires an approved course provider to pay the VSL tuition protection levy when it is due and payable. Section 36 of the Act enables the Secretary to suspend or revoke a provider if satisfied the provider is not complying with the Act.

41A Waiver of VSL tuition protection levy

(1) Payment of the VSL tuition protection levy is waived for all approved course providers for the calendar year 2020. (2) Payment of the VSL tuition protection levy is waived for all approved course providers for the calendar year 2021. (3) Payment of the VSL tuition protection levy may be waived, if: (a) the provider’s registration as a registered training organisation is cancelled; or (b) the provider is no longer in operation, prior to the time the VSL Tuition Protection Director issues a written notice under subsection 41(1).

42 Extension notices

The VSL Tuition Protection Director may, at any time after giving an approved course provider the notice mentioned in subsection 41(1), give the provider a written notice (extension notice) that specifies a day that is later than the day specified in the notice issued under subsection 41(1) as the day on which the levy is due and payable. The extension notice has effect, and is taken to have always had effect, according to its terms.

Note: The VSL Tuition Protection Director may give a provider more than one extension notice.

43 Recovery of VSL tuition protection levy