Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_7:p9
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 9/10)
Character Range: 629085–631842

the TEQSA Act.
 (2) Before delegating a function or power under subsection (1), the Higher Education Tuition Protection Director must have regard to:
 (a) if the function or power is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or exercise the power; or
 (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.
 (3) In performing functions or exercising powers under the delegation, the delegate must comply with any directions of the *Higher Education Tuition Protection Director.

238‑7  Review of operation of tuition protection
 (1) Before 1 July 2021, the Minister must commence a review of the operation of Parts 5‑1A (about tuition protection) and 5‑1B (about the *Higher Education Tuition Protection Fund and related matters).
Note: The review must be conducted at the same time as a review of the operation of Parts 5 and 5A of the Education Services for Overseas Students Act 2000 and of Parts 5A and 5B of the VET Student Loans Act 2016 (see section 113A of the latter Act).
 (2) The Minister must cause to be prepared a report of a review under subsection (1).
 (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.

238‑8  Extent of Commissioner's general administration of this Act
  The *Commissioner has the general administration of this Act to the following extent:
 (a) Chapter 4, except section 154‑30;
 (b) section 179‑25;
 (c) section 179‑30, so far as it relates to the Commissioner;
 (d) Part 5‑5;
 (e) Divisions 206 and 209, so far as they relate to *reviewable decisions for which the Commissioner is the *decision maker;
 (f) clause 76 of Schedule 1A;
 (g) clause 77 of Schedule 1A, so far as that clause relates to the Commissioner;
 (h) Division 15 of Schedule 1A.
Note: One effect of this is that this Act is to that extent a taxation law for the purposes of the Taxation Administration Act 1953.

238‑10  Guidelines
 (1) The Minister may, by legislative instrument, make Guidelines, specified in the second column of the table, providing for matters:
 (a) required or permitted by the corresponding provision (or a term defined in the Dictionary in Schedule 1 that is required for the purposes of the provision) specified in the third column of the table to be provided; or
 (b) necessary or convenient to be provided in order to carry out or give effect to that provision.

Guidelines
Item        Guidelines                                                           Provision