Document ID: chunk:federal_register_of_legislation:F2024C00020:reg:28
Version: federal_register_of_legislation:F2024C00020
Segment Type: reg
Provision Reference: reg 28
Character Range: 56273–58668

28    Actions of agents or associates

        (1)    A VET provider must take reasonable steps to ensure that none of its agents or associates contravenes any of the following provisions:
(a)    subsection 25(2) or (3) (about inappropriate marketing etc.);
(b)    subsection (3) or (4) of this section.

        (2)    Reasonable steps must include more than merely having an agreement with the agent or associate that complies with section 29.

             Example:   The VET provider could conduct regular audits of the agent's or associate's activities, and regularly ask questions of new students signed up by the agent or associate.

        Agent or associate must not publish information suggesting that VET FEE-HELP assistance is not a loan etc.

        (3)    A person contravenes this subsection if:
(a)    the person publishes information, or causes information to be published; and
(b)    the information suggests:

            (i)    that VET FEE-HELP assistance for a VET unit of study or VET course of study is not in the nature of a loan, or does not need to be repaid; or
            (ii)    if a student receives VET FEE-HELP assistance for such a unit or course, that the unit or course is free from any fees or charges.

        Agent or associate must not directly or indirectly offer or provide inappropriate inducements

        (4)    A person contravenes this subsection if:
(a)    the person:
              (i)    offers another person a benefit; or
              (ii)    provides another person with a benefit; or
              (iii)    causes another person to be offered or provided with a benefit; and
(b)    the benefit would be reasonably likely to induce a person (the student) to:
              (i)    enrol in a VET unit of study or VET course of study; and
              (ii)    complete, sign and give an appropriate officer of a VET provider a request for Commonwealth assistance relating to the unit or course; and
(c)    the student receives VET FEE-HELP assistance for that unit or course.

        (5)    To avoid doubt, the person in paragraph (4)(a) who is offered, or provided with, the benefit need not be the student.

        (6)    Clause 39DD of Schedule 1A to the Act applies in relation to subsection (4) of this section in a corresponding way to the way that clause applies in relation to subclauses 39DC(1) and (2) of that Schedule.