Document ID: chunk:federal_register_of_legislation:F2024C00020:reg:58ad
Version: federal_register_of_legislation:F2024C00020
Segment Type: reg
Provision Reference: reg 58AD
Character Range: 94268–97004

58AD  Requirements for applications
       (1)    For the purposes of paragraph 46AA(3)(c) of Schedule 1A to the Act, if the application is made after 31 December 2020, the application must demonstrate that the person did not make an application before that date due to exceptional circumstances.
       (2)    Exceptional circumstances include the following circumstances:

         (a)    the person was not aware prior to 31 December 2020 of their VET FEE-HELP debt; and
         (b)    the person was not aware they could apply for a re-credit of the person's HELP balance under subclause 46AA(1) of Schedule 1A to the Act; and

         (c)    the person was a vulnerable person during the period 1 January 2019 to 31 December 2020.
       (3)    To avoid doubt, subsection (2) does not limit the circumstances which may be considered exceptional circumstances.

Part 7—VET tuition fees and census dates

Division 1—General matters

        59    Periods during which VET units of study are provided or proposed to be provided

        For the purposes of subclauses 27(1), 28(1), 28(2A) and 67(1) of Schedule 1A to the Act, the period for a VET unit of study a VET provider provides or proposes to provide is the period:
(a)    starting on the earliest possible enrolment date for that provision of the unit; and
(b)    ending on the day a student would reasonably be expected to complete that provision of the unit.

        60    Matters to which a VET provider must not have regard in determining VET tuition fees

        For the purposes of subclause 27(3) of Schedule 1A to the Act, in determining the VET tuition fees payable for a VET unit of study by a student enrolled as a VET student in the unit with a VET provider, the VET provider:
(a)    must not have regard to any matter related to the manner or timing of:
              (i)    the VET student's payment of the VET tuition fees; or
              (ii)    the Commonwealth's payment to the VET provider of any amount lent to the VET student in discharge of the VET student's liability to pay the VET tuition fees; and
(b)    must not have regard to any fees covered by section 66; and
(c)    without limiting paragraph (b), must not have regard to any fees payable for:
              (i)    an organisation of students, or of students and other persons; or
              (ii)    the provision to students of amenities or services that are not of an academic nature; or
              (iii)    residential accommodation; or
              (iv)    anything else other than enrolment in the unit, tuition for the unit, examination for the unit or the award of a VET qualification relating to the completion of the VET course of study of which the unit forms part.