VET Student Loans (Miscellaneous Measures) Act 2025 (77 of 2025)

4   Authorisation

 

(1) This section applies if:

(a) at any time during the relevant period, a relevant person dealt with a student's tax file number for the purposes of facilitating the administration of or administering:

(i) the student's application for a VET student loan; or

(ii) the student's VET student loan; and

(b) the dealing was not authorised by a law of the Commonwealth (apart from subsections (2) and (3)).

      

(2) The dealing is taken for all purposes (except for the purposes of rule 13 of the Privacy (Tax File Number) Rule 2015)to have been, and to always have been:

(a) authorised by the VET Student Loans Act 2016; and

(b) in connection with and reasonably necessary for the relevant person's performance of one or more of that person's functions under that Act.

      

(3) The VET Student Loans Act 2016 is taken to have been, and to always have been, a taxation law for the purposes of:

(a) sections 8WA and 8WB of the Taxation Administration Act 1953; and

(b) the Privacy (Tax File Number) Rule 2015,but excluding rule 13 of that instrument.

      

(4) To avoid doubt, anything done, or anything purported to have been done, by a person that would have been wholly, or partly, invalid or unlawful except for subsections (2) and (3) is taken for all purposes to be valid and lawful and to have always been valid and lawful, despite any effect that may have on the accrued rights of any person.

      

(5) For the purposes of applying this Act:

(a) in relation to civil and criminal proceedings, this Act applies in relation to:

(i) civil and criminal proceedings instituted before the commencement of this Act and not concluded before the commencement of this Act; and

(ii) civil and criminal proceedings instituted on or after the commencement of this Act; and

(b) in relation to the Privacy Act 1988, this Act applies in relation to:

(i) complaints made to the Information Commissioner before the commencement of this Act in relation to which the Information Commissioner has not made a determination before the commencement of this Act; and

(ii) complaints made to the Information Commissioner on or after the commencement of this Act.