Document ID: chunk:federal_register_of_legislation:C2020A00062:clause:2_2:p2
Version: federal_register_of_legislation:C2020A00062
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 2/3)
Character Range: 11616–13990

to the provider on or after 1 July 2019.
(7) The VET Student Loans Act 2016 has effect, and is taken to always have had effect, as if the Secretary had:
 (a) approved the loan for the student under section 7 of the VET Student Loans Act 2016; and
 (b) used the loan to make the payment to the provider under section 19 of that Act;
and to have done so immediately after the census day for the course or a part of the course.
(8) Despite subsection 73A(2) of the VET Student Loans Act 2016, the Secretary must not re‑credit the relevant student's HELP balance with an amount equal to the amount lent to the student under this item if, and to the extent that, the re‑crediting would have the effect that the student's HELP balance would exceed the HELP loan limit for the student.

Application of the Higher Education Support Act 2003
(9) Subitem (10) applies if:
 (a) the Secretary makes a determination in relation to a relevant student under subitem (3); and
 (b) the excess amount was paid to the provider before 1 July 2019.
(10) The Higher Education Support Act 2003 has effect, and is taken to always have had effect, as if the Secretary had:
 (a) approved the loan for the student under section 7 of the VET Student Loans Act 2016; and
 (b) used the loan to make the payment to the provider under section 19 of that Act;
and to have done so immediately after the census day for the course or a part of the course.
(11) Despite subsection 128‑25(2) of the Higher Education Support Act 2003, the Secretary must not re‑credit the relevant student's HELP balance with an amount equal to the amount lent to the student under this item if, and to the extent that, the re‑crediting would have the effect that the student's HELP balance would exceed the HELP loan limit for the student.

 Delegation
(12) The Secretary may, in writing, delegate to an SES employee, or an acting SES employee, in the Department all or any of the powers of the Secretary under subitems (3) and (4).
(13) In exercising powers under the delegation, the delegate must comply with any directions of the Secretary.

Determination is not a legislative instrument
(14) A determination made under subitem (3) is not a legislative instrument.

Definitions
(15) Expressions used in this item that are also used in the VET Student Loans Act 2016 have the same meaning in this item as they have in that Act.