Document ID: chunk:federal_register_of_legislation:F2022L00832:clause:1_16
Version: federal_register_of_legislation:F2022L00832
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 15047–16592

16  Set off of fees
 (1) This section applies for the purposes of paragraph 232(5)(b) of the Act.
 (2) The National VET Regulator may set off the amount of any fees or charges payable by a person to it under the Act, the National Vocational Education and Training Regulator (Charges) Act 2012 or the Education Services for Overseas Students Act 2000 against any amount that is payable to the person by the National VET Regulator under the Act or any other law.
Example:  In July, an NVR registered training organisation pays a National VET Regulator annual registration charge amount of $8,245 (as imposed by Part 1A of the National Vocational Education and Training Regulator (Charges) Act 2012).
In September, the Regulator:
               (a)     conducts a compliance audit of the organisation's operations under section 35 of the Act, resulting in a charge of $6,250 (as imposed by Part 2 of the National Vocational Education and Training Regulator (Charges) Act 2012; and
               (b)     cancels the organisation's registration under section 39 of the Act.
Because the organisation's registration was cancelled after two months, the Regulator adjusts the amount of National VET Regulator annual registration charge payable to $1,374, entitling the organisation to a refund of $6,871 ($8,245 – $1,374).
The organisation has not yet paid the compliance audit charge of $6,250, so the Regulator sets off this amount against the refund amount of $6,871. This reduces the amount payable to the organisation to $621 ($6,871 – $6,250).