Document ID: chunk:federal_register_of_legislation:C2019A00111:clause:2_16:p7
Version: federal_register_of_legislation:C2019A00111
Segment Type: clause
Provision Reference: sch 2 cl 16 (pt 7/8)
Character Range: 70462–73298

allowances payable to the members of the *HELP Tuition Protection Fund Advisory Board;
 (e) paying any amount that is required or permitted to be repaid;
 (f) reducing the balance of the Fund (and therefore the available appropriation for the Fund) without making a real or notional payment.
Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).
 (2) The Higher Education Provider Guidelines may, for the purposes of paragraph (1)(a), make provision in relation to such payments, including in relation to the following:
 (a) the circumstances in which payments may be made;
 (b) amounts of different kinds of payments;
 (c) methods for calculating different kinds of payments.
Note: For example, the Higher Education Provider Guidelines may provide that a replacement provider may receive a transfer payment if a student accepts an offer of a replacement course with the provider.
 (3) The purposes in subsection (1) do not include paying or discharging any costs, expenses or other obligations associated with services provided to the *HELP Tuition Protection Director by any employee or officer of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013).

Division 2—HELP Tuition Protection Director

167‑15  HELP Tuition Protection Director
 (1) There is to be a *HELP Tuition Protection Director.
 (2) The office of *HELP Tuition Protection Director is to be held by the person who holds the office of TPS Director under section 54A of the Education Services for Overseas Students Act 2000.
Note: The TPS Director also holds the office of VSL Tuition Protection Director under the VET Student Loans Act 2016.
 (3) The reference in subsection (2) to the person who holds the office of TPS Director includes a reference to a person acting in that office for the time being because of an appointment under section 54K of the Education Services for Overseas Students Act 2000.

167‑20  Functions of the HELP Tuition Protection Director
 (1) The *HELP Tuition Protection Director has the following functions:
 (a) facilitating and monitoring the placement of students in relation to whom a higher education provider has *defaulted;
 (b) paying amounts out of, or reducing the balance of, the *HELP Tuition Protection Fund under section 167‑10;
 (c) reporting to the Minister on:
 (i) the operation of Part 5‑1A (tuition protection); and
 (ii) the financial status of the HELP Tuition Protection Fund;
 (d) managing the HELP Tuition Protection Fund in a way that ensures that it is able to meet all its liabilities from time to time (including entering into a loan agreement for the benefit of the HELP Tuition Protection Fund);
 (e) making the legislative instrument each year for the purposes of section 12 of the