Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by legislative instrument, make rules providing for matters:
(a) required or permitted by this Act to be provided; or
(b) necessary or convenient to be provided in order to carry out or give effect to this Act.
Note 1: For this Act , see section 6.
Note 2: The rules may make different provision with respect to different matters or different classes of matters (see subsection 33(3A) of the Acts Interpretation Act 1901 ). For example, the rules may provide different requirements for different kinds of approved course providers.
(2) The rules may provide for amounts determined by, or worked out in accordance with, the rules to be indexed using the method set out in Part 5 - 6 of the Higher Education Support Act 2003 .
(3) If this Act (including the rules) permits or requires a decision to be made, the rules may provide for matters that the decision maker may or must (as specified in the rules) have regard to in making the decision.
(4) If this Act requires or permits the rules to provide for a matter, the rules may provide for the matter to be determined by the Secretary.
(5) Despite subsection 14(2) of the Legislation Act 2003 , the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time.
(6) The rules may provide for the collection and recovery of approved course provider charge (within the meaning of the VET Student Loans (Charges) Act 2016 ).
(7) The rules must specify a cap on the amount of VET student loans that can be approved for:
(a) the calendar year in which this subsection commences; and
(b) each of the 2 following calendar years.
(8) Subsections (2) to (7) do not limit subsection (1).