VET Student Loans (Consequential Amendments and Transitional Provisions) Act 2016 (100 of 2016)
Schedule 1 Consequential amendments
Part 1 Main amendments
Higher Education Support Act 2003
20 At the end of clause 43 of Schedule 1A
(3) A student is not entitled to *VET FEE-HELP assistance for a *VET unit of study if:
(a) the *census date for the unit is on or after 1 January 2017; or
(b) if the student is covered by subclause (4) - the census date for the unit is on or after:
(i) unless subparagraph (ii) applies - 1 January 2018; or
(ii) if the Minister is satisfied that exceptional circumstances justify continued entitlement to VET FEE-HELP assistance for the student - a day determined in writing by the Minister.
(4) A student is covered by this subclause if:
(a) immediately before 1 January 2017, the student was enrolled in the *VET course of study of which the *VET unit of study forms a part; and
(b) the unit is provided:
(i) by the *VET provider with whom the student was enrolled immediately before 1 January 2017; or
(ii) in compliance with the *VET tuition assurance requirements as they apply in relation to the provider; and
(c) before 1 January 2017, the student received *VET FEE-HELP assistance for another unit that formed a part of the course; and
(d) the Secretary is satisfied that, at all times from the commencement of this paragraph, the student has been a genuine student (within the meaning of the VET Student Loans Act 2016).
(5) A student is not entitled to *VET FEE-HELP assistance for a *VET unit of study if a *VET student loan has been approved for the student for the *VET course of study of which the unit forms a part.
(6) The *VET Guidelines may specify matters to which the Minister must or may have regard in deciding for the purposes of subparagraph (3)(b)(ii) whether exceptional circumstances justify continued entitlement to *VET FEE-HELP assistance for the student.
(7) A determination under subparagraph (3)(b)(ii) is not a legislative instrument.