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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Trade Support Loans Bill 2014
No. , 2014
(Industry)
A Bill for an Act to provide for trade support loans
for certain apprentices, and for related purposes
No. , 2014
Trade Support Loans Bill 2014
i
Contents
Chapter 1--Introduction
1
Part 1.1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................. 2
Part 1.2--Interpretation
4
4
Simplified outline of this Part ............................................................ 4
5
Definitions ......................................................................................... 4
6
When trade support loan is being paid to a person ............................ 7
Chapter 2--Loan payments
8
Part 2.1--Qualification and payability
8
7
Simplified outline of this Part ............................................................ 8
8
Qualification ...................................................................................... 8
9
Lifetime limit ..................................................................................... 9
10
Payability ........................................................................................... 9
11
Special case qualification and payability ......................................... 10
Part 2.2--Machinery provisions for payments
12
Division 1--Simplified outline of this Part
12
12
Simplified outline of this Part .......................................................... 12
Division 2--Applications
13
13
Application ...................................................................................... 13
14
Withdrawal of application ............................................................... 13
Division 3--Determinations
14
15
Determination of application ........................................................... 14
16
Grant of application ......................................................................... 14
17
Deemed refusal of application ......................................................... 14
18
Variation of rate ............................................................................... 15
19
Cancellation ..................................................................................... 15
20
Date of effect of determinations ...................................................... 15
21
When determination ceases to be in effect ....................................... 16
Division 4--Payment
17
22
Payment by instalments ................................................................... 17
23
Amount of instalment ...................................................................... 17
ii
Trade Support Loans Bill 2014
No. , 2014
24
Yearly rate of trade support loan ..................................................... 18
25
Payment into bank account .............................................................. 18
Chapter 3--Loan repayments
19
Part 3.1--Incurring debts
19
Division 1--Simplified outline of this Part
19
26
Simplified outline of this Part .......................................................... 19
Division 2--TSL debts
20
27
TSL debts ......................................................................................... 20
28
TSL debt discharged by death .......................................................... 20
29
Notice to Commissioner .................................................................. 20
Division 3--Accumulated TSL debts
21
30
Simplified outline of this Division ................................................... 21
31
Stage 1--working out a former accumulated TSL debt ................... 21
32
TSL debt indexation factor .............................................................. 23
33
Index numbers ................................................................................. 24
34
Publishing TSL debt indexation factors ........................................... 25
35
Stage 2--working out an accumulated TSL debt ............................ 25
36
Rounding of amounts ....................................................................... 25
37
Accumulated TSL debt discharges earlier debts .............................. 26
38
Accumulated TSL debt discharged by death ................................... 26
Part 3.2--Discharging debts
27
Division 1--Simplified outline of this Part
27
39
Simplified outline of this Part .......................................................... 27
Division 2--Completion discount
28
40
Completion discount ........................................................................ 28
41
Application of completion discount ................................................. 28
42
Refunding of payments .................................................................... 29
Division 3--Voluntary discharge
30
43
Voluntary TSL repayments in respect of debts ................................ 30
44
Application of voluntary TSL repayments ....................................... 30
45
Refunding of payments .................................................................... 30
Division 4--Compulsory discharge
32
Subdivision A--Liability to repay amounts
32
46
Liability to repay amounts ............................................................... 32
47
Repayable TSL debt for an income year .......................................... 33
Subdivision B--Assessments
33
No. , 2014
Trade Support Loans Bill 2014
iii
48
Commissioner may make assessments ............................................ 33
49
Notification of notices of assessment of tax .................................... 33
50
Commissioner may defer making assessments ................................ 34
51
Commissioner may amend assessments .......................................... 35
Part 3.3--Application of tax legislation
36
52
Simplified outline of this Part .......................................................... 36
53
Returns, assessments, collection and recovery ................................ 36
54
Charges and civil penalties for failing to meet obligations .............. 36
55
Pay as you go (PAYG) withholding ................................................ 37
56
Pay as you go (PAYG) instalments ................................................. 37
57
Extent of Commissioner's general administration of this Act ......... 37
Chapter 4--Administration
38
Part 4.1--Information management
38
Division 1--Simplified outline of this Part
38
58
Simplified outline of this Part .......................................................... 38
Division 2--General information-gathering powers
39
59
General power to obtain information ............................................... 39
60
Power to obtain information from a person who owes a debt
to the Commonwealth ...................................................................... 39
61
Obtaining information about a person who owes a debt to the
Commonwealth ................................................................................ 40
62
Written notice .................................................................................. 40
63
Offence ............................................................................................ 41
64
Obligations not affected by State or Territory laws ......................... 41
Division 3--Powers in relation to tax file numbers
42
65
Request for tax file number ............................................................. 42
66
Verification of tax file numbers ....................................................... 42
67
When person with tax file number incorrectly notifies
number ............................................................................................. 42
68
When person without tax file number incorrectly notifies
number ............................................................................................. 43
69
When tax file numbers are altered ................................................... 43
70
When tax file numbers are cancelled ............................................... 43
Division 4--Obligation to notify change of circumstance etc.
45
71
Notice requiring information or statements ..................................... 45
72
Written notice .................................................................................. 45
73
Offence ............................................................................................ 46
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Trade Support Loans Bill 2014
No. , 2014
Division 5--Use etc. of personal information
47
74
Use etc. of personal information ...................................................... 47
75
Officer's declaration ........................................................................ 47
Part 4.2--Review of decisions
49
Division 1--Introduction
49
76
Simplified outline of this Part .......................................................... 49
77
Reviewable decisions ....................................................................... 49
78
Reviewer of decisions ...................................................................... 49
79
Authorised review officers ............................................................... 50
80
Notice of reasons for decision .......................................................... 50
Division 2--Internal review
51
81
Internal review ................................................................................. 51
82
Notice to AAT Registrar .................................................................. 51
83
Application for review ..................................................................... 52
84
Withdrawal of application ............................................................... 52
85
Review of decisions following application under section 83 ........... 52
Division 3--Administrative Appeals Tribunal review of
decisions
54
86
Review by AAT ............................................................................... 54
87
Decision changed before AAT review completed ........................... 54
88
Settlement of proceedings before the AAT ...................................... 54
Part 4.3--Overpayment debts
55
89
Simplified outline of this Part .......................................................... 55
90
Overpayment debt ............................................................................ 55
91
Overseas application ........................................................................ 56
92
Recovery of overpayment debt--payment arrangement .................. 56
93
Recovery of overpayment debt--legal proceedings ........................ 57
94
Secretary may write off overpayment debt ...................................... 57
95
Secretary's power to waive overpayment debt ................................ 58
96
Waiver of overpayment debt arising from error .............................. 58
97
Waiver of small overpayment debt .................................................. 59
Chapter 5--Miscellaneous
60
Part 5.1--Miscellaneous
60
98
Simplified outline of this Part .......................................................... 60
99
Indexation of lifetime limit and yearly rate ..................................... 60
100
Application to under-18s ................................................................. 61
101
Delegation by Secretary ................................................................... 61
No. , 2014
Trade Support Loans Bill 2014
v
102
Use of computer program to make decisions ................................... 62
103
Annual report ................................................................................... 62
104
Appropriation ................................................................................... 62
105
TSL Priority List .............................................................................. 63
106
Rules ................................................................................................ 63
No. , 2014
Trade Support Loans Bill 2014
1
A Bill for an Act to provide for trade support loans
1
for certain apprentices, and for related purposes
2
The Parliament of Australia enacts:
3
Chapter 1--Introduction
4
Part 1.1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Trade Support Loans Act 2014.
8
Chapter 1 Introduction
Part 1.1 Preliminary
Section 2
2
Trade Support Loans Bill 2014
No. , 2014
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
106
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2014.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
Trade support loan is an income-contingent loan. A person who
14
receives trade support loan must repay it, through the tax system,
15
after the person's income reaches a certain threshold.
16
Broadly, trade support loan is available to apprentices undertaking
17
certain kinds of apprenticeships. If a person makes an application
18
and meets all the requirements, payments will be made regularly to
19
the person.
20
Introduction Chapter 1
Preliminary Part 1.1
Section 3
No. , 2014
Trade Support Loans Bill 2014
3
When the person's income reaches the minimum repayment
1
income under the Higher Education Support Act 2003, and the
2
person has finished repaying any debt under that Act, the person
3
must start repaying trade support loan debt.
4
Chapter 1 Introduction
Part 1.2 Interpretation
Section 4
4
Trade Support Loans Bill 2014
No. , 2014
Part 1.2--Interpretation
1
2
4 Simplified outline of this Part
3
All of the defined terms used in this Act are listed in section 5. In
4
many cases the definition itself is also in that section. Sometimes
5
the section refers to another provision of this Act or another Act
6
where the definition can be found.
7
5 Definitions
8
In this Act:
9
accumulated HELP debt has the same meaning as in the Higher
10
Education Support Act 2003.
11
accumulated TSL debt has the meaning given by section 35.
12
annual indexation factor has the meaning given by
13
subsection 99(4).
14
approved form has the meaning given by section 388-50 in
15
Schedule 1 to the Taxation Administration Act 1953.
16
Australian resident means a person who:
17
(a) resides in Australia; and
18
(b) is one of the following:
19
(i) an Australian citizen;
20
(ii) the holder of a permanent visa.
21
authorised review officer means a person authorised under
22
section 79.
23
Commissioner means the Commissioner of Taxation.
24
completion discount has the meaning given by section 40.
25
compulsory TSL repayment amount means an amount that:
26
Introduction Chapter 1
Interpretation Part 1.2
Section 5
No. , 2014
Trade Support Loans Bill 2014
5
(a) is required to be paid in respect of an accumulated TSL debt
1
under section 46; and
2
(b) is included in a notice of assessment made under section 48.
3
designated State/Territory training authority has the meaning
4
given by subsection 40(3).
5
former accumulated TSL debt has the meaning given by
6
section 31.
7
holder has the same meaning as in the Migration Act 1958.
8
income tax has the meaning given by subsection 995-1(1) of the
9
Income Tax Assessment Act 1997.
10
income tax law has the meaning given by subsection 995-1(1) of
11
the Income Tax Assessment Act 1997.
12
income year has the meaning given by subsection 995-1(1) of the
13
Income Tax Assessment Act 1997.
14
index number has the meaning given by section 33.
15
instalment period has the meaning given by subsection 10(2).
16
lifetime limit means $20,000.
17
Note:
The lifetime limit is indexed on 1 July 2017 and each later 1 July in
18
line with increases in the consumer price index (see section 99).
19
Medicare levy means the Medicare levy imposed by the Medicare
20
Levy Act 1986.
21
minimum repayment income has the same meaning as in the
22
Higher Education Support Act 2003.
23
officer means a person engaged (whether as an employee or
24
otherwise) by any of the following:
25
(a) an Agency (within the meaning of the Public Service Act
26
1999);
27
(b) another authority of the Commonwealth;
28
(c) a person or organisation that performs services for the
29
Commonwealth.
30
Chapter 1 Introduction
Part 1.2 Interpretation
Section 5
6
Trade Support Loans Bill 2014
No. , 2014
overpayment debt has the meaning given by section 90.
1
permanent visa has the same meaning as in the Migration Act
2
1958.
3
personal information has the same meaning as in the Privacy Act
4
1988.
5
qualifying apprenticeship has the meaning given by
6
subsection 8(2).
7
quarter means a period of 3 months ending on 31 March, 30 June,
8
30 September or 31 December.
9
relevant instalment period has the meaning given by
10
paragraph 16(1)(b).
11
repayable TSL debt has the meaning given by section 47.
12
repayment income has the same meaning as in the Higher
13
Education Support Act 2003.
14
return means an income tax return within the meaning of
15
subsection 995-1(1) of the Income Tax Assessment Act 1997.
16
reviewable Commissioner decision has the meaning given by
17
subsection 77(1).
18
reviewable decision has the meaning given by subsection 77(3).
19
reviewable Secretary decision has the meaning given by
20
subsection 77(2).
21
reviewer has the meaning given by section 78.
22
rules means rules made under section 106.
23
Secretary means the Secretary of the Department.
24
taxable income has the meaning given by section 4-15 of the
25
Income Tax Assessment Act 1997.
26
trade support loan means trade support loan for which a person
27
qualifies under Part 2.1.
28
Introduction Chapter 1
Interpretation Part 1.2
Section 6
No. , 2014
Trade Support Loans Bill 2014
7
TSL debt means a debt incurred under section 27.
1
TSL debt indexation factor has the meaning given by section 32.
2
TSL Priority List has the meaning given by section 105.
3
undertaking, in relation to a qualifying apprenticeship, has a
4
meaning affected by subsection 8(3).
5
voluntary TSL repayment means a payment made to the
6
Commissioner in discharge of an accumulated TSL debt or a TSL
7
debt. It does not include a payment made in discharge of a
8
compulsory TSL repayment amount.
9
yearly rate has the meaning given by subsection 24(1).
10
6 When trade support loan is being paid to a person
11
A reference in this Act to a person to whom trade support loan is
12
being paid is a reference to a person for whom there is in effect a
13
determination granting the person's application for trade support
14
loan.
15
Chapter 2 Loan payments
Part 2.1 Qualification and payability
Section 7
8
Trade Support Loans Bill 2014
No. , 2014
Chapter 2--Loan payments
1
Part 2.1--Qualification and payability
2
3
7 Simplified outline of this Part
4
Trade support loan is an income-contingent loan. A person who
5
receives trade support loan must repay it, through the tax system,
6
after the person's income reaches a certain threshold.
7
Broadly, the requirements to receive trade support loan may be met
8
by a person who is undertaking a qualifying apprenticeship. The
9
person must meet the requirements at the end of each instalment
10
period for the person.
11
There is a lifetime limit on the total trade support loan a person can
12
receive.
13
8 Qualification
14
Qualification for trade support loan
15
(1) A person is qualified for trade support loan if:
16
(a) the person is an Australian resident; and
17
(b) the person is undertaking a qualifying apprenticeship; and
18
(c) the person has notified the Secretary of the person's tax file
19
number; and
20
(d) the person meets any other conditions prescribed by the rules.
21
When a person is undertaking a qualifying apprenticeship
22
(2) A qualifying apprenticeship is an apprenticeship:
23
(a) through which a person is undertaking a qualification:
24
(i) at a level prescribed by the rules; and
25
(ii) leading to an occupation or a qualification specified on
26
the TSL Priority List; and
27
Loan payments Chapter 2
Qualification and payability Part 2.1
Section 9
No. , 2014
Trade Support Loans Bill 2014
9
(b) which meets any other requirements prescribed by the rules.
1
(3) The rules may prescribe circumstances in which a person is, or is
2
not, taken to be undertaking a qualifying apprenticeship.
3
(4) Without limiting the circumstances that may be prescribed for the
4
purposes of subsection (3), the rules may prescribe, as
5
circumstances in which a person is taken to be undertaking a
6
qualifying apprenticeship, the period between:
7
(a) the time a person successfully completes a qualifying
8
apprenticeship; and
9
(b) the time a designated State/Territory training authority
10
notifies the Secretary that the person has done so.
11
9 Lifetime limit
12
If, on a day, the sum of the instalments of trade support loan:
13
(a) that have been paid to the person; and
14
(b) that are to be paid to the person in relation to an instalment
15
period of the person in accordance with section 23;
16
totals the lifetime limit, then:
17
(c) the person ceases to be qualified for trade support loan
18
immediately after that day; and
19
(d) the person cannot again qualify for trade support loan (even
20
if the lifetime limit is increased after that day).
21
10 Payability
22
(1) Trade support loan is payable to a person, in relation to an
23
instalment period of the person, if:
24
(a) the person is qualified for trade support loan on the final day
25
of the instalment period; and
26
(b) the person was undertaking a qualifying apprenticeship for
27
the whole of the instalment period; and
28
(c) the person made an application for trade support loan on or
29
before that final day.
30
(2) An instalment period of a person is a period:
31
Chapter 2 Loan payments
Part 2.1 Qualification and payability
Section 11
10
Trade Support Loans Bill 2014
No. , 2014
(a) starting or ending on a day determined for the person in
1
accordance with the rules; and
2
(b) of the duration prescribed by the rules.
3
(3) The duration prescribed by the rules for the purposes of
4
paragraph (2)(b) must be a duration specified in column 1 of the
5
table. For the purposes of working out the amount of an instalment
6
of trade support loan for an instalment period under section 23, the
7
divisor for each duration is specified in column 2.
8
9
Duration of prescribed instalment periods
Item
Column 1
The duration may be ...
Column 2
The divisor for that duration is ...
1
a week
52
2
a fortnight
26
3
a month
12
4
3 months
4
5
6 months
2
6
a year
1
10
11 Special case qualification and payability
11
(1) If:
12
(a) an amount is paid to a person as an instalment of trade
13
support loan in relation to an instalment period (the final
14
instalment period) of the person; and
15
(b) trade support loan was payable to the person in relation to the
16
instalment period ending before the final instalment period
17
but, apart from this section, is not payable to the person in
18
relation to the final instalment period; and
19
(c) the Secretary determines that this section is to apply to the
20
person;
21
then:
22
(d) the amount that was paid to the person is taken to have been
23
an instalment of trade support loan; and
24
Loan payments Chapter 2
Qualification and payability Part 2.1
Section 11
No. , 2014
Trade Support Loans Bill 2014
11
(e) the person is taken to have been qualified for trade support
1
loan, and trade support loan is taken to have been payable to
2
the person, in relation to the final instalment period.
3
(2) The rules may prescribe circumstances in which the Secretary is to
4
determine that this section is, or is not, to apply to a person.
5
Chapter 2 Loan payments
Part 2.2 Machinery provisions for payments
Division 1 Simplified outline of this Part
Section 12
12
Trade Support Loans Bill 2014
No. , 2014
Part 2.2--Machinery provisions for payments
1
Division 1--Simplified outline of this Part
2
12 Simplified outline of this Part
3
A person who wants to be paid trade support loan must make an
4
application. The Secretary will determine the application and, if
5
satisfied the person meets or will meet all the requirements, will
6
also determine the rate at which trade support loan is to be paid.
7
A determination granting a person's application for trade support
8
loan will cease to have effect after a certain period (unless the
9
person's trade support loan is cancelled before then), and the
10
person must reapply to continue to receive trade support loan.
11
Trade support loan can be cancelled, or the rate of trade support
12
loan increased or reduced, if the person's circumstances change.
13
Trade support loan can also be cancelled on the person's request.
14
Trade support loan is paid in regular instalments into the person's
15
bank account.
16
Loan payments Chapter 2
Machinery provisions for payments Part 2.2
Applications Division 2
Section 13
No. , 2014
Trade Support Loans Bill 2014
13
Division 2--Applications
1
13 Application
2
(1) A person who wants to be paid trade support loan must make an
3
application for trade support loan in accordance with this section.
4
(2) The application must be:
5
(a) in a form approved by the Secretary; and
6
(b) lodged in a manner prescribed by the rules.
7
14 Withdrawal of application
8
(1) A person may withdraw an application for trade support loan that
9
has not been determined.
10
(2) An application that is withdrawn is taken not to have been made.
11
Chapter 2 Loan payments
Part 2.2 Machinery provisions for payments
Division 3 Determinations
Section 15
14
Trade Support Loans Bill 2014
No. , 2014
Division 3--Determinations
1
15 Determination of application
2
If a person makes an application for trade support loan, the
3
Secretary must make a determination either granting or refusing
4
the application.
5
16 Grant of application
6
(1) The Secretary must make a determination granting an application
7
for trade support loan if the Secretary is satisfied that:
8
(a) the applicant is qualified for trade support loan; and
9
(b) trade support loan is expected to be payable to the applicant
10
in relation to one or more instalment periods (a relevant
11
instalment period) ending before the end of the period
12
specified for the purposes of subsection (2).
13
(2) The determination must specify the period at the end of which the
14
determination ceases to have effect.
15
(3) The rules may prescribe the periods that are to be specified in
16
determinations for the purposes of subsection (2).
17
(4) If the Secretary makes a determination granting an application for
18
trade support loan, the Secretary must also make a determination of
19
the applicant's yearly rate of trade support loan for each relevant
20
instalment period.
21
17 Deemed refusal of application
22
If the Secretary does not determine an application before the end of
23
13 weeks after the day the application was lodged, the Secretary is
24
taken to have made, at the end of that period, a determination
25
refusing the application.
26
Loan payments Chapter 2
Machinery provisions for payments Part 2.2
Determinations Division 3
Section 18
No. , 2014
Trade Support Loans Bill 2014
15
18 Variation of rate
1
If the Secretary is satisfied that the rate at which trade support loan
2
is being paid to the person in relation to a relevant instalment
3
period of the person is more or less than the rate provided for by
4
this Act, the Secretary must make a determination that the rate is
5
varied accordingly.
6
19 Cancellation
7
(1) The Secretary must make a determination cancelling trade support
8
loan that is being paid to a person if the Secretary is satisfied that:
9
(a) the person is not qualified for trade support loan; or
10
(b) trade support loan was not or will not be payable to the
11
person in relation to a relevant instalment period of the
12
person; or
13
(c) the person has requested that the person's trade support loan
14
be cancelled.
15
(2) The Secretary may make a determination cancelling trade support
16
loan that is being paid to a person if:
17
(a) the person has been given:
18
(i) a notice under section 59; or
19
(ii) a notice under section 71 that requires the person to
20
inform the Secretary of an event or change of
21
circumstance; and
22
(b) the person does not comply with the notice.
23
20 Date of effect of determinations
24
(1) A determination takes effect from the date of effect specified in the
25
determination, which may be earlier or later than the date the
26
determination is made.
27
(2) A determination that the Secretary is taken to have made because
28
of subsection 102(3) (use of a computer program to make
29
decisions) takes effect from the date the relevant decision was
30
made by operation of the computer program, unless the Secretary
31
subsequently determines otherwise.
32
Chapter 2 Loan payments
Part 2.2 Machinery provisions for payments
Division 3 Determinations
Section 21
16
Trade Support Loans Bill 2014
No. , 2014
(3) Without limiting subsection (1) or (2), a determination cancelling
1
trade support loan that is being paid to a person, or reducing the
2
person's rate of trade support loan, because of an event or change
3
of circumstance that occurred before the day the determination was
4
made, may be specified to take effect:
5
(a) on the day the event or change of circumstance occurred, if
6
the person was required to inform the Secretary of it and did
7
not do so as required; or
8
(b) on a later day, if:
9
(i) the person was required to inform the Secretary of it and
10
did so as required; or
11
(ii) was not required to inform the Secretary of it.
12
(4) Subsection (3) does not limit when a determination of the kind
13
referred to in that subsection may be specified to take effect.
14
21 When determination ceases to be in effect
15
(1) A determination granting a person's application for trade support
16
loan continues in effect until the earliest of:
17
(a) the end of the day immediately before the day a
18
determination under section 19 takes effect cancelling trade
19
support loan that is being paid to the person; or
20
(b) the end of the period specified in the determination for the
21
purposes of subsection 16(2) (expiry); or
22
(c) the end of the day immediately before the day on which the
23
person dies.
24
(2) A determination of a person's rate of trade support loan continues
25
in effect until the end of the day immediately before the day a
26
determination under section 18 takes effect varying the person's
27
rate of trade support loan.
28
Loan payments Chapter 2
Machinery provisions for payments Part 2.2
Payment Division 4
Section 22
No. , 2014
Trade Support Loans Bill 2014
17
Division 4--Payment
1
22 Payment by instalments
2
(1) Trade support loan is to be paid by instalments.
3
(2) The Secretary must pay an instalment of trade support loan to a
4
person, in relation to an instalment period of the person, if:
5
(a) a determination is in effect granting the person's application
6
for trade support loan; and
7
(b) the Secretary is satisfied that trade support loan is payable to
8
the person in relation to the instalment period.
9
(3) The instalment is to be paid to the person on the day after the end
10
of the instalment period that is determined by the Secretary to be
11
the earliest day on which it is reasonably practicable to make the
12
payment.
13
23 Amount of instalment
14
(1) The amount of an instalment of trade support loan that is to be paid
15
in relation to an instalment period of a person is worked out by
16
dividing:
17
(a) the yearly rate determined under subsection 16(4) for the
18
instalment period; by
19
(b) the divisor specified in the table in subsection 10(3) for the
20
instalment period duration.
21
Note:
For example, if instalment periods are a month, the divisor is 12.
22
(2) The amount of an instalment worked out under subsection (1) is
23
reduced as necessary to ensure that trade support loan totalling
24
more than the lifetime limit is not to be paid to a person.
25
(3) If the amount of an instalment would be:
26
(a) one or more whole dollars and a part of a cent; or
27
(b) one or more whole dollars and cents and a part of a cent;
28
the amount is to be increased or decreased (increased, in the case
29
of half a cent) to the nearest whole cent.
30
Chapter 2 Loan payments
Part 2.2 Machinery provisions for payments
Division 4 Payment
Section 24
18
Trade Support Loans Bill 2014
No. , 2014
(4) If, apart from this subsection, the amount of an instalment would
1
be less than $1.00, the amount is to be increased to $1.00.
2
24 Yearly rate of trade support loan
3
(1) A person's yearly rate of trade support loan is:
4
(a) if the person is undertaking the first year of an apprenticeship
5
on the final day of an instalment period--$8,000; and
6
(b) if the person is undertaking the second year of an
7
apprenticeship on the final day of an instalment period--
8
$6,000; and
9
(c) if the person is undertaking the third year of an
10
apprenticeship on the final day of an instalment period--
11
$4,000; and
12
(d) if the person is undertaking the fourth (or later) year of an
13
apprenticeship on the final day of an instalment period--
14
$2,000.
15
Note:
The yearly rates are indexed on 1 July 2017 and each later 1 July in
16
line with increases in the consumer price index (see section 99).
17
(2) The rules may prescribe one or more ways of determining, or
18
criteria to be considered in determining, the year of an
19
apprenticeship a person is undertaking on any particular day.
20
25 Payment into bank account
21
(1) An instalment of trade support loan that is to be paid to a person is
22
to be paid to the credit of a bank account nominated and
23
maintained by the person.
24
(3) The account may be an account that is maintained by the person
25
either alone or jointly or in common with another person.
26
Loan repayments Chapter 3
Incurring debts Part 3.1
Simplified outline of this Part Division 1
Section 26
No. , 2014
Trade Support Loans Bill 2014
19
Chapter 3--Loan repayments
1
Part 3.1--Incurring debts
2
Division 1--Simplified outline of this Part
3
26 Simplified outline of this Part
4
Trade support loan that is paid to a person must be repaid by the
5
person through the tax system, after the person's income reaches a
6
certain threshold.
7
Each time a person receives an instalment of trade support loan, the
8
person incurs a debt called a TSL debt (except in certain
9
circumstances when the loan is recoverable as an overpayment
10
debt under Part 4.3 of this Act).
11
Each TSL debt is incorporated into the person's accumulated TSL
12
debt. This accumulated TSL debt forms the basis for working out
13
the amounts the person is obliged to repay.
14
Chapter 3 Loan repayments
Part 3.1 Incurring debts
Division 2 TSL debts
Section 27
20
Trade Support Loans Bill 2014
No. , 2014
Division 2--TSL debts
1
27 TSL debts
2
(1) If an instalment of trade support loan is paid to a person, the person
3
incurs, on the day the instalment is paid, a TSL debt to the
4
Commonwealth of an amount equal to the amount of the
5
instalment.
6
(2) Subsection (1) does not apply to an instalment or part of an
7
instalment if the amount of the instalment or part is an
8
overpayment debt.
9
28 TSL debt discharged by death
10
Upon the death of a person who owes a TSL debt to the
11
Commonwealth, the debt is taken to have been paid.
12
Note:
TSL debts are not provable in bankruptcy: see subsection 82(3AB) of
13
the Bankruptcy Act 1966.
14
29 Notice to Commissioner
15
(1) If a person incurs a TSL debt, the Secretary must give the
16
Commissioner a notice specifying the amount of the debt incurred
17
by the person.
18
(2) The Secretary may include in the notice any other details the
19
Commissioner requests for the purpose of ensuring the
20
Commissioner has the information needed to exercise powers or
21
perform functions of the Commissioner under this Act.
22
Loan repayments Chapter 3
Incurring debts Part 3.1
Accumulated TSL debts Division 3
Section 30
No. , 2014
Trade Support Loans Bill 2014
21
Division 3--Accumulated TSL debts
1
30 Simplified outline of this Division
2
There are 2 stages to working out a person's accumulated TSL debt
3
for a financial year.
4
In stage 1, the person's former accumulated TSL debt is worked
5
out by adjusting the preceding financial year's accumulated TSL
6
debt to take account of:
7
(a)
indexation using the TSL debt indexation factor; and
8
(b)
the debts that the person incurs during the last 6 months
9
of the preceding financial year; and
10
(c)
any completion discount for the person; and
11
(d)
voluntary TSL repayments of the debt; and
12
(e)
compulsory TSL repayment amounts in respect of the
13
debt.
14
In stage 2, the person's accumulated TSL debt is worked out from:
15
(a)
the person's former accumulated TSL debt; and
16
(b)
the TSL debts that the person incurs during the first 6
17
months of the financial year; and
18
(c)
any completion discount for the person; and
19
(d)
voluntary TSL repayments of the debt.
20
31 Stage 1--working out a former accumulated TSL debt
21
(1) A person's former accumulated TSL debt, in relation to the
22
person's accumulated TSL debt for a financial year, is worked out
23
by multiplying:
24
(a) the amount worked out using the following method
25
statement; by
26
(b) the TSL debt indexation factor for 1 June in that financial
27
year.
28
Chapter 3 Loan repayments
Part 3.1 Incurring debts
Division 3 Accumulated TSL debts
Section 31
22
Trade Support Loans Bill 2014
No. , 2014
Method statement
1
Step 1. Take the person's accumulated TSL debt for the
2
immediately preceding financial year. (This amount is
3
taken to be zero if the person has no accumulated TSL
4
debt for that financial year.)
5
Step 2. Add the sum of all of the TSL debts (if any) that the
6
person incurred during the last 6 months of the
7
immediately preceding financial year.
8
Step 3. Subtract the amount of the completion discount for the
9
person, if the Secretary notified the Commissioner of a
10
completion discount for the person under section 40
11
during the period:
12
(a)
starting on 1 June in the immediately preceding
13
financial year; and
14
(b)
ending immediately before the next 1 June.
15
Step 4. Subtract the sum of the amounts by which the person's
16
debts referred to in steps 1 and 2 are reduced because of
17
any voluntary TSL repayments that have been made
18
during the period:
19
(a)
starting on 1 June in the immediately preceding
20
financial year; and
21
(b)
ending immediately before the next 1 June.
22
Step 5. Subtract the sum of all of the person's compulsory TSL
23
repayment amounts that:
24
(a)
were assessed during that period (excluding any
25
assessed as a result of a return given before that
26
period); or
27
Loan repayments Chapter 3
Incurring debts Part 3.1
Accumulated TSL debts Division 3
Section 32
No. , 2014
Trade Support Loans Bill 2014
23
(b)
were assessed after the end of that period as a
1
result of a return given before the end of that
2
period.
3
Step 6. Subtract the sum of the amounts by which any
4
compulsory TSL repayment amount of the person is
5
increased (whether as a result of an increase in the
6
person's taxable income of an income year or otherwise)
7
by an amendment of an assessment made during that
8
period.
9
Step 7. Add the sum of the amounts by which any compulsory
10
TSL repayment amount of the person is reduced (whether
11
as a result of a reduction in the person's taxable income
12
of an income year or otherwise) by an amendment of an
13
assessment made during that period.
14
(2) For the purposes of this section, an assessment, or an amendment
15
of an assessment, is taken to have been made on the day specified
16
in the notice of assessment, or notice of amended assessment, as
17
the date of issue of that notice.
18
32 TSL debt indexation factor
19
(1) The TSL debt indexation factor for 1 June in a financial year is the
20
number (rounded to 3 decimal places) worked out as follows:
21
Method statement
22
Step 1. Add:
23
(a)
the index number for the quarter ending on
24
31 March in that financial year; and
25
(b)
the index numbers for the 3 quarters that
26
immediately preceded that quarter.
27
Step 2. Add:
28
Chapter 3 Loan repayments
Part 3.1 Incurring debts
Division 3 Accumulated TSL debts
Section 33
24
Trade Support Loans Bill 2014
No. , 2014
(a)
the index number for the quarter ending on
1
31 March in the immediately preceding financial
2
year; and
3
(b)
the index numbers for the 3 quarters that
4
immediately preceded that quarter.
5
Step 3. The TSL debt indexation factor for 1 June in the
6
financial year is the result of step 1 divided by the result
7
of step 2.
8
(2) For the purposes of rounding a TSL debt indexation factor, the
9
third decimal place is rounded up if, apart from the rounding:
10
(a) the factor would have 4 or more decimal places; and
11
(b) the fourth decimal place would be a number greater than 4.
12
33 Index numbers
13
(1) The index number for a quarter is the All Groups Consumer Price
14
Index number, being the weighted average of the 8 capital cities,
15
published by the Australian Statistician in respect of that quarter.
16
(2) Subject to subsection (3), if, at any time before or after the
17
commencement of this Act:
18
(a) the Australian Statistician has published or publishes an
19
index number in respect of a quarter; and
20
(b) that index number is in substitution for an index number
21
previously published by the Australian Statistician in respect
22
of that quarter;
23
disregard the publication of the later index number for the purposes
24
of this section.
25
(3) If, at any time before or after the commencement of this Act, the
26
Australian Statistician has changed or changes the index reference
27
period for the All Groups Consumer Price Index, then, in applying
28
this section after the change took place or takes place, have regard
29
only to index numbers published in terms of the new index
30
reference period.
31
Loan repayments Chapter 3
Incurring debts Part 3.1
Accumulated TSL debts Division 3
Section 34
No. , 2014
Trade Support Loans Bill 2014
25
34 Publishing TSL debt indexation factors
1
The Commissioner must cause to be published before 1 June in
2
each financial year the TSL debt indexation factor for that 1 June.
3
35 Stage 2--working out an accumulated TSL debt
4
(1) A person's accumulated TSL debt, for a financial year, is worked
5
out as follows:
6
Former accumulated
TSL debts
Completion
TSL debt
TSL debt
incurred
discount
repayments
7
where:
8
completion discount means any completion discount for the person
9
notified by the Secretary to the Commissioner under section 40 on
10
or after 1 July in the financial year and before 1 June in that year.
11
former accumulated TSL debt is the person's former accumulated
12
TSL debt in relation to that accumulated TSL debt.
13
TSL debt repayments is the sum of all of the voluntary TSL
14
repayments (if any) paid, on or after 1 July in the financial year and
15
before 1 June in that year, in reduction of the TSL debts incurred in
16
that year.
17
TSL debts incurred is the sum of the amounts of all of the TSL
18
debts (if any) that the person incurred during the first 6 months of
19
the financial year.
20
(2) The person incurs the accumulated TSL debt on 1 June in the
21
financial year.
22
36 Rounding of amounts
23
(1) If, apart from this section, a person's accumulated TSL debt would
24
be an amount consisting of a number of whole dollars and a
25
number of cents, disregard the number of cents.
26
(2) If, apart from this section, a person's accumulated TSL debt would
27
be an amount of less than $1.00, the person's accumulated TSL
28
debt is taken to be zero.
29
Chapter 3 Loan repayments
Part 3.1 Incurring debts
Division 3 Accumulated TSL debts
Section 37
26
Trade Support Loans Bill 2014
No. , 2014
37 Accumulated TSL debt discharges earlier debts
1
(1) The accumulated TSL debt that a person incurs on 1 June in a
2
financial year discharges, or discharges the unpaid part of:
3
(a) any TSL debt that the person incurred during the calendar
4
year immediately preceding that day; and
5
(b) any accumulated TSL debt that the person incurred on the
6
immediately preceding 1 June.
7
(2) Nothing in subsection (1) affects the application of Division 2 or
8
sections 31 and 35.
9
38 Accumulated TSL debt discharged by death
10
(1) Upon the death of a person who has an accumulated TSL debt, the
11
accumulated TSL debt is taken to be discharged.
12
(2) To avoid doubt, this section does not affect any compulsory TSL
13
repayment amounts required to be paid in respect of the
14
accumulated TSL debt, whether or not those amounts were
15
assessed before the person's death.
16
Note:
Accumulated TSL debts are not provable in bankruptcy: see
17
subsection 82(3AB) of the Bankruptcy Act 1966.
18
Loan repayments Chapter 3
Discharging debts Part 3.2
Simplified outline of this Part Division 1
Section 39
No. , 2014
Trade Support Loans Bill 2014
27
Part 3.2--Discharging debts
1
Division 1--Simplified outline of this Part
2
39 Simplified outline of this Part
3
Trade support loan that is paid to a person must be repaid.
4
Compulsory repayments start once the person's income reaches the
5
minimum repayment income under the Higher Education Support
6
Act 2003 and the person has finished repaying any accumulated
7
HELP debt under that Act.
8
If the person successfully completes a qualifying apprenticeship,
9
the person's debts will be partially discharged by an amount called
10
the completion discount. The completion discount is 20% of the
11
total amount of instalments of trade support loan that were paid to
12
the person.
13
As well as the completion discount, the person's debt is discharged
14
by:
15
(a)
any repayments the person chooses to make at any time
16
(voluntary repayments); and
17
(b)
repayments the person must make after the person's
18
income reaches the minimum repayment income
19
(compulsory repayments).
20
The Commissioner makes assessments of compulsory repayments,
21
which are collected in the same way as amounts of income tax and
22
compulsory repayments of accumulated HELP debts.
23
Chapter 3 Loan repayments
Part 3.2 Discharging debts
Division 2 Completion discount
Section 40
28
Trade Support Loans Bill 2014
No. , 2014
Division 2--Completion discount
1
40 Completion discount
2
(1) If a designated State/Territory training authority notifies the
3
Secretary that a person has successfully completed a qualifying
4
apprenticeship, the Secretary must give the Commissioner a notice
5
specifying the discount (the completion discount) determined for
6
the person in accordance with subsection (2).
7
(2) The person's completion discount is the amount equal to 20% of
8
the total amount of instalments of trade support loan that were paid
9
to the person in relation to instalment periods that ended:
10
(a) before the person ceased to be undertaking the qualifying
11
apprenticeship; and
12
(b) if a notice under subsection (1) has previously been given in
13
respect of an earlier qualifying apprenticeship undertaken by
14
the person--after the person completed the earlier qualifying
15
apprenticeship.
16
(3) The rules may prescribe any of the following as a designated
17
State/Territory training authority:
18
(a) a State;
19
(b) a Territory;
20
(c) an authority of a State or Territory.
21
41 Application of completion discount
22
If the Secretary notifies the Commissioner of a completion
23
discount for a person under section 40, the amount of the
24
completion discount is to be applied as follows:
25
(a) first, in discharge or reduction of any accumulated TSL debt
26
of the person;
27
(b) second, in discharge or reduction of:
28
(i) any TSL debt of the person; or
29
(ii) if there is more than one such debt, those debts in the
30
order in which they were incurred.
31
Loan repayments Chapter 3
Discharging debts Part 3.2
Completion discount Division 2
Section 42
No. , 2014
Trade Support Loans Bill 2014
29
42 Refunding of payments
1
If a person's completion discount exceeds the sum of:
2
(a) the amount required to discharge the total TSL debts and
3
accumulated TSL debt that the person owed to the
4
Commonwealth; and
5
(b) the total amount of the person's primary tax debts (within the
6
meaning of Part IIB of the Taxation Administration Act
7
1953);
8
the Commonwealth must refund to the person an amount equal to
9
that excess.
10
Chapter 3 Loan repayments
Part 3.2 Discharging debts
Division 3 Voluntary discharge
Section 43
30
Trade Support Loans Bill 2014
No. , 2014
Division 3--Voluntary discharge
1
43 Voluntary TSL repayments in respect of debts
2
(1) A person may at any time make a payment in respect of a TSL debt
3
or an accumulated TSL debt that the person owes to the
4
Commonwealth.
5
(2) The payment must be made to the Commissioner.
6
44 Application of voluntary TSL repayments
7
(1) Any money a person pays under this Division to meet the person's
8
debts is to be applied in payment of those debts as the person
9
directs at the time of the payment.
10
(2) If the person has not given any directions, or the directions given
11
do not adequately deal with the matter, any money available is to
12
be applied as follows:
13
(a) first, in discharge or reduction of any accumulated TSL debt
14
of the person;
15
(b) second, in discharge or reduction of:
16
(i) any TSL debt of the person; or
17
(ii) if there is more than one such debt, those debts in the
18
order in which they were incurred.
19
45 Refunding of payments
20
If:
21
(a) a person pays an amount to the Commonwealth under this
22
Division; and
23
(b) the amount exceeds the sum of:
24
(i) the amount required to discharge the total TSL debts
25
and accumulated TSL debt that the person owed to the
26
Commonwealth; and
27
(ii) the total amount of the person's primary tax debts
28
(within the meaning of Part IIB of the Taxation
29
Administration Act 1953);
30
Loan repayments Chapter 3
Discharging debts Part 3.2
Voluntary discharge Division 3
Section 45
No. , 2014
Trade Support Loans Bill 2014
31
the Commonwealth must refund to the person an amount equal to
1
that excess.
2
Chapter 3 Loan repayments
Part 3.2 Discharging debts
Division 4 Compulsory discharge
Section 46
32
Trade Support Loans Bill 2014
No. , 2014
Division 4--Compulsory discharge
1
Subdivision A--Liability to repay amounts
2
46 Liability to repay amounts
3
(1) If:
4
(a) a person's repayment income for an income year exceeds the
5
minimum repayment income for the income year; and
6
(b) on 1 June immediately preceding the making of an
7
assessment in respect of the person's income of that income
8
year, the person had an accumulated TSL debt;
9
the person is liable to pay to the Commonwealth, in accordance
10
with this Division, so much of the person's repayable TSL debt for
11
the income year as does not exceed the amount worked out by the
12
formula:
13
Applicable percentage of repayment income
HELP liability
14
where:
15
applicable percentage of repayment income means the amount
16
that is the percentage of the person's repayment income applicable
17
under the table in section 154-20 of the Higher Education Support
18
Act 2003.
19
HELP liability means any amount the person is liable to pay under
20
section 154-1 of the Higher Education Support Act 2003 for the
21
income year in respect of an accumulated HELP debt.
22
(2) A person is not liable under this section to pay an amount for an
23
income year if the amount worked out under subsection (1) is zero
24
or less.
25
(3) A person is not liable under this section to pay an amount for an
26
income year if, under section 8 of the Medicare Levy Act 1986:
27
(a) no Medicare levy is payable by the person on the person's
28
taxable income for the income year; or
29
(b) the amount of the Medicare levy payable by the person on the
30
person's taxable income for the income year is reduced.
31
Loan repayments Chapter 3
Discharging debts Part 3.2
Compulsory discharge Division 4
Section 47
No. , 2014
Trade Support Loans Bill 2014
33
47 Repayable TSL debt for an income year
1
(1) A person's repayable TSL debt for an income year is:
2
(a) the person's accumulated TSL debt referred to in
3
paragraph 46(1)(b) in relation to that income year; or
4
(b) if any or all of the following apply:
5
(i) that debt has been reduced by the amount of a
6
completion discount for the person;
7
(ii) one or more amounts have been paid in reduction of that
8
debt;
9
(iii) one or more amounts have been assessed under
10
section 48 to be payable in respect of that debt;
11
the amount (if any) remaining after deducting from that debt
12
any amounts referred to in subparagraphs (i), (ii) and (iii).
13
(2) A reference in paragraph (1)(b) of this section to an amount
14
assessed to be payable is, if the amount has been increased or
15
reduced by an amendment of the relevant assessment, a reference
16
to the increased amount or the reduced amount.
17
Subdivision B--Assessments
18
48 Commissioner may make assessments
19
The Commissioner may, from any information in the
20
Commissioner's possession, whether from a return or otherwise,
21
make an assessment of:
22
(a) the person's accumulated TSL debt on 1 June immediately
23
before the making of the assessment; and
24
(b) the amount required to be paid in respect of the person's
25
repayable TSL debt under section 46.
26
49 Notification of notices of assessment of tax
27
If:
28
(a) the Commissioner is required to serve on a person a notice of
29
assessment in respect of the person's income of an income
30
year under section 174 of the Income Tax Assessment Act
31
1936; and
32
Chapter 3 Loan repayments
Part 3.2 Discharging debts
Division 4 Compulsory discharge
Section 50
34
Trade Support Loans Bill 2014
No. , 2014
(b) the Commissioner has made, in respect of the person, an
1
assessment under paragraph 48(b) of this Act of the amounts
2
referred to in that paragraph; and
3
(c) notice of the assessment under that paragraph has not been
4
served on the person;
5
notice of the assessment under that paragraph may be served by
6
specifying the amounts concerned in the notice referred to in
7
paragraph (a).
8
50 Commissioner may defer making assessments
9
(1) A person may apply in the approved form to the Commissioner for
10
deferral of the making of an assessment in respect of the person
11
under section 48.
12
(2) The application must specify:
13
(a) the income year for which the deferral is being sought; and
14
(b) the reasons for seeking the deferral.
15
(3) The income year specified in the application must be:
16
(a) the income year in which the person makes the application;
17
or
18
(b) the immediately preceding income year; or
19
(c) the immediately succeeding income year.
20
(4) The Commissioner may, on application by a person under this
21
section, defer making an assessment in respect of the person under
22
section 48 if the Commissioner is of the opinion that:
23
(a) if the assessment were made, payment of the assessed
24
amount would cause serious hardship to the person; or
25
(b) there are other special reasons that make it fair and
26
reasonable to defer making the assessment.
27
(5) The Commissioner may defer making the assessment for any
28
period that he or she thinks appropriate.
29
(6) The Commissioner must, as soon as practicable after an application
30
is made under this section:
31
(a) consider the matter to which the application relates; and
32
Loan repayments Chapter 3
Discharging debts Part 3.2
Compulsory discharge Division 4
Section 51
No. , 2014
Trade Support Loans Bill 2014
35
(b) notify the applicant of the Commissioner's decision on the
1
application.
2
Note:
Deferrals of making assessments, or refusals of applications, are
3
reviewable under Part 4.2.
4
51 Commissioner may amend assessments
5
(1) A person may apply in the approved form to the Commissioner for
6
an amendment of an assessment made in respect of the person
7
under section 48 so that:
8
(a) the amount payable under the assessment is reduced; or
9
(b) no amount is payable under the assessment.
10
(2) The application:
11
(a) must be made within 2 years after the day on which the
12
Commissioner gives notice of the assessment to the person;
13
or
14
(b) must specify the reasons justifying a later application.
15
(3) The Commissioner may, on application by a person under this
16
section, amend an assessment made in respect of the person under
17
section 48 so that:
18
(a) the amount payable under the assessment is reduced; or
19
(b) no amount is payable under the assessment;
20
if the Commissioner is of the opinion that:
21
(c) payment of the assessed amount has caused or would cause
22
serious hardship to the person; or
23
(d) there are other special reasons that make it fair and
24
reasonable to make the amendment.
25
(4) The Commissioner must, as soon as practicable after an application
26
is made under this section:
27
(a) consider the matter to which the application relates; and
28
(b) notify the applicant of the Commissioner's decision on the
29
application.
30
Note:
Amendments of assessments, or refusals of applications, are
31
reviewable under Part 4.2.
32
Chapter 3 Loan repayments
Part 3.3 Application of tax legislation
Section 52
36
Trade Support Loans Bill 2014
No. , 2014
Part 3.3--Application of tax legislation
1
2
52 Simplified outline of this Part
3
The Commissioner is responsible for the recovery of TSL debts
4
and accumulated TSL debts, and for matters relating to tax file
5
numbers. So that the Commissioner has the appropriate powers to
6
fulfil those responsibilities, the relationship between trade support
7
loan matters and parts of the taxation law is dealt with here.
8
53 Returns, assessments, collection and recovery
9
Subject to Part 3.2 and this Part:
10
(a) Part IV of the Income Tax Assessment Act 1936; and
11
(b) Division 5 of the Income Tax Assessment Act 1997; and
12
(c) Part 4-15 in Schedule 1 to the Taxation Administration Act
13
1953;
14
apply, so far as they are capable of application, in relation to a
15
compulsory TSL repayment amount of a person as if it were
16
income tax assessed to be payable by a taxpayer by an assessment
17
made under Part IV of the Income Tax Assessment Act 1936.
18
54 Charges and civil penalties for failing to meet obligations
19
(1) Part 4-25 in Schedule 1 to the Taxation Administration Act 1953
20
has effect as if:
21
(a) any compulsory TSL repayment amount of a person were
22
income tax payable by the person in respect of the income
23
year in respect of which the assessment of that debt was
24
made; and
25
(b) this Chapter, paragraph 8(1)(c) and Division 3 of Part 4.1,
26
were income tax laws.
27
(2) Subsection (1) does not have the effect of making a person liable to
28
a penalty for any act or omission that happened before the
29
commencement of this subsection.
30
Loan repayments Chapter 3
Application of tax legislation Part 3.3
Section 55
No. , 2014
Trade Support Loans Bill 2014
37
55 Pay as you go (PAYG) withholding
1
Part 2-5 (other than section 12-55 and Subdivisions 12-E, 12-F and
2
12-G) in Schedule 1 to the Taxation Administration Act 1953
3
applies, so far as it is capable of application, in relation to the
4
collection of amounts of a compulsory TSL repayment amount of a
5
person as if the compulsory TSL repayment amount were income
6
tax.
7
56 Pay as you go (PAYG) instalments
8
Division 45 in Schedule 1 to the Taxation Administration Act 1953
9
applies, so far as it is capable of application, in relation to the
10
collection of a compulsory TSL repayment amount of a person as
11
if the compulsory TSL repayment amount were income tax.
12
57 Extent of Commissioner's general administration of this Act
13
The Commissioner has the general administration of this Act to the
14
following extent:
15
(a) this Chapter;
16
(b) paragraph 8(1)(c);
17
(c) Division 3 of Part 4.1;
18
(d) Part 4.2, so far as it relates to reviewable Commissioner
19
decisions.
20
Note:
One effect of this is that these provisions are taxation laws for the
21
purposes of the Taxation Administration Act 1953.
22
Chapter 4 Administration
Part 4.1 Information management
Division 1 Simplified outline of this Part
Section 58
38
Trade Support Loans Bill 2014
No. , 2014
Chapter 4--Administration
1
Part 4.1--Information management
2
Division 1--Simplified outline of this Part
3
58 Simplified outline of this Part
4
The Secretary may require a person to give information for the
5
purposes of the Act.
6
The Secretary can require a person who has applied for, or is being
7
paid, trade support loan, to inform the Secretary of events or
8
changes of circumstance that might affect whether trade support
9
loan is payable to the person.
10
The Commissioner and the Secretary are permitted to exchange tax
11
file number information for the purposes of administering this Act.
12
Personal information can be obtained, recorded, used and disclosed
13
for the purposes of this Act and in certain other cases.
14
Administration Chapter 4
Information management Part 4.1
General information-gathering powers Division 2
Section 59
No. , 2014
Trade Support Loans Bill 2014
39
Division 2--General information-gathering powers
1
59 General power to obtain information
2
The Secretary may, in accordance with section 62, require a person
3
to give information, or produce a document that is in the person's
4
custody or under the person's control, to the Secretary if the
5
Secretary considers that the information or document may be
6
relevant to one or more of the following matters:
7
(a) whether a person who has applied for trade support loan is or
8
was qualified for trade support loan;
9
(b) whether trade support loan is payable to a person for whom a
10
determination is in effect granting the person's application
11
for trade support loan;
12
(c) whether trade support loan was payable to a person to whom
13
trade support loan has been paid;
14
(d) the rate of trade support loan that is being or has been paid to
15
a person.
16
60 Power to obtain information from a person who owes a debt to
17
the Commonwealth
18
The Secretary may, in accordance with section 62, require a person
19
who owes an overpayment debt to the Commonwealth:
20
(a) either to:
21
(i) give to the Secretary information that is relevant to the
22
person's financial situation; or
23
(ii) produce to the Secretary a document that is in the
24
person's custody or under the person's control and is
25
relevant to the person's financial situation; and
26
(b) if the person's address changes--to inform the Secretary of
27
the new address within 14 days after the change.
28
Chapter 4 Administration
Part 4.1 Information management
Division 2 General information-gathering powers
Section 61
40
Trade Support Loans Bill 2014
No. , 2014
61 Obtaining information about a person who owes a debt to the
1
Commonwealth
2
If the Secretary believes that a person may have information or a
3
document:
4
(a) that would help the Secretary locate another person (the
5
debtor) who owes an overpayment debt to the
6
Commonwealth; or
7
(b) that is relevant to the debtor's financial situation;
8
the Secretary may, in accordance with section 62, require the
9
person to give the information, or produce the document, to the
10
Secretary.
11
62 Written notice
12
(1) A requirement under section 59, 60 or 61 must be made by written
13
notice given to the person of whom the requirement is made.
14
(2) The notice:
15
(a) may be given personally or by post or in any other manner
16
approved by the Secretary; and
17
(b) must specify:
18
(i) how the person is to give the information or produce the
19
document to which the requirement relates; and
20
(ii) the period within which the person is to give the
21
information or produce the document to the Secretary;
22
and
23
(iii) the officer or class of officer (if any) to whom the
24
information is to be given or the document is to be
25
produced; and
26
(iv) that the notice is given under this section.
27
(3) A notice is not invalid merely because it does not comply with
28
subparagraph (2)(b)(i) or (iv).
29
(4) The period specified under subparagraph (2)(b)(ii) must not end
30
earlier than 14 days after the notice is given.
31
Administration Chapter 4
Information management Part 4.1
General information-gathering powers Division 2
Section 63
No. , 2014
Trade Support Loans Bill 2014
41
(5) The notice may require the person to give the information by
1
appearing before a specified officer to answer questions.
2
(6) If the notice requires the person to appear before an officer, the
3
notice must specify a time and place at which the person is to
4
appear. The time must be at least 14 days after the notice is given.
5
63 Offence
6
(1) A person commits an offence if:
7
(a) the person is required under section 59, 60 or 61 to give
8
information or produce a document; and
9
(b) the person refuses or fails to comply with the requirement.
10
Penalty: Imprisonment for 12 months.
11
(2) Subsection (1) does not apply if the person has a reasonable
12
excuse.
13
Note:
A defendant bears an evidential burden in relation to the matter in
14
subsection (2) (see subsection 13.3(3) of the Criminal Code).
15
64 Obligations not affected by State or Territory laws
16
Nothing in a law of a State or Territory operates to prevent a
17
person from complying with a requirement made under this Act to
18
give information or produce a document to the Secretary.
19
Chapter 4 Administration
Part 4.1 Information management
Division 3 Powers in relation to tax file numbers
Section 65
42
Trade Support Loans Bill 2014
No. , 2014
Division 3--Powers in relation to tax file numbers
1
65 Request for tax file number
2
The Secretary may request, but not require, a person who wishes to
3
make an application for trade support loan to give the Secretary, or
4
a specified officer or officer of a specified class, a written
5
statement of the person's tax file number.
6
Note:
A person who does not notify a tax file number to the Secretary cannot
7
qualify for trade support loan (see paragraph 8(1)(c)).
8
66 Verification of tax file numbers
9
(1) The Secretary may provide to the Commissioner a tax file number
10
that a person has notified to the Secretary for the purposes of
11
paragraph 8(1)(c), for the purpose of verifying that the number is
12
the person's tax file number.
13
(2) If the Commissioner is satisfied that the number is the person's tax
14
file number, the Commissioner may give the Secretary a written
15
notice informing the Secretary accordingly.
16
67 When person with tax file number incorrectly notifies number
17
(1) If the Commissioner is satisfied:
18
(a) that the tax file number that a person has notified to the
19
Secretary for the purposes of paragraph 8(1)(c):
20
(i) has been cancelled or withdrawn since the notification
21
was given; or
22
(ii) is otherwise wrong; and
23
(b) that the person has a tax file number;
24
the Commissioner may give to the Secretary written notice of the
25
incorrect notification and of the person's tax file number.
26
(2) That number is taken to be the number that the person notified to
27
the Secretary.
28
Administration Chapter 4
Information management Part 4.1
Powers in relation to tax file numbers Division 3
Section 68
No. , 2014
Trade Support Loans Bill 2014
43
68 When person without tax file number incorrectly notifies number
1
(1) If:
2
(a) the Commissioner is satisfied that the tax file number that a
3
person notified to the Secretary for the purposes of
4
paragraph 8(1)(c):
5
(i) has been cancelled since the notification was given; or
6
(ii) is for any other reason not the person's tax file number;
7
and
8
(b) the Commissioner is not satisfied that the person has a tax
9
file number;
10
the Commissioner may give to the Secretary a written notice
11
informing the Secretary accordingly.
12
(2) The Commissioner must give a copy of any notice under
13
subsection (1) to the person concerned, together with a written
14
statement of the reasons for the decision to give the notice.
15
Note:
Decisions to give notice under subsection (1) are reviewable (see
16
section 202F of the Income Tax Assessment Act 1936).
17
69 When tax file numbers are altered
18
(1) If the Commissioner issues, to a person who has notified a tax file
19
number to the Secretary for the purposes of paragraph 8(1)(c), a
20
new tax file number in place of a tax file number that has been
21
withdrawn, the Commissioner may give to the Secretary a written
22
notice informing the Secretary accordingly.
23
(2) That new number is taken to be the number that the person notified
24
to the Secretary.
25
70 When tax file numbers are cancelled
26
(1) If the Commissioner cancels a tax file number issued to a person
27
who has notified the tax file number to the Secretary for the
28
purposes of paragraph 8(1)(c), the Commissioner may give to the
29
Secretary a written notice informing the Secretary accordingly.
30
Chapter 4 Administration
Part 4.1 Information management
Division 3 Powers in relation to tax file numbers
Section 70
44
Trade Support Loans Bill 2014
No. , 2014
(2) The Commissioner must give a copy of any notice under
1
subsection (1) to the person concerned, together with a written
2
statement of the reasons for the decision to give the notice.
3
Note:
Decisions to give notice under subsection (1) are reviewable (see
4
section 202F of the Income Tax Assessment Act 1936).
5
Administration Chapter 4
Information management Part 4.1
Obligation to notify change of circumstance etc. Division 4
Section 71
No. , 2014
Trade Support Loans Bill 2014
45
Division 4--Obligation to notify change of circumstance
1
etc.
2
71 Notice requiring information or statements
3
(1) The Secretary may, in accordance with section 72, require a person
4
referred to in subsection (2) to inform the Secretary of any event or
5
change of circumstance that occurs or is likely to occur, and that
6
causes or would be likely to cause:
7
(a) the person to cease to be qualified for trade support loan; or
8
(b) trade support loan to cease to be payable to the person.
9
(2) The notice may be given to any of the following:
10
(a) a person who has made an application for trade support loan
11
that has not yet been determined;
12
(b) a person for whom a determination is in effect granting the
13
person's application for trade support loan.
14
72 Written notice
15
(1) A requirement under section 71 must be made by written notice
16
given to the person of whom the requirement is made.
17
(2) The notice:
18
(a) may be given personally or by post or in any other manner
19
approved by the Secretary; and
20
(b) must specify:
21
(i) how the person is to give the information; and
22
(ii) the period within which the person is to give the
23
information; and
24
(iii) the officer or class of officer (if any) to whom the
25
information is to be given; and
26
(iv) that the notice is an information notice given under this
27
Act.
28
(3) A notice is not invalid merely because it does not comply with
29
subparagraph (2)(b)(i) or (iv).
30
Chapter 4 Administration
Part 4.1 Information management
Division 4 Obligation to notify change of circumstance etc.
Section 73
46
Trade Support Loans Bill 2014
No. , 2014
(4) The period specified for the purposes of subparagraph (2)(b)(ii)
1
must not end earlier than 7 days after the day on which an event or
2
change of circumstance covered by the notice occurs or the person
3
first becomes aware that such an event or change of circumstance
4
is likely to occur.
5
73 Offence
6
(1) A person commits an offence if:
7
(a) the person is given a notice under section 71; and
8
(b) the person refuses or fails to comply with the notice.
9
Penalty: Imprisonment for 6 months.
10
(2) Subsection (1) does not apply if the person has a reasonable
11
excuse.
12
Note:
A defendant bears an evidential burden in relation to the matter in
13
subsection (2) (see subsection 13.3(3) of the Criminal Code).
14
Administration Chapter 4
Information management Part 4.1
Use etc. of personal information Division 5
Section 74
No. , 2014
Trade Support Loans Bill 2014
47
Division 5--Use etc. of personal information
1
74 Use etc. of personal information
2
(1) A person may obtain personal information for the purposes of this
3
Act.
4
(2) A person may:
5
(a) make a record of personal information; or
6
(b) disclose such information to another person; or
7
(c) otherwise use such information;
8
if the record, disclosure or use made of the information is made:
9
(d) for the purposes of this Act; or
10
(e) with the express or implied authorisation of the person to
11
whom the information relates.
12
(3) A person may:
13
(a) obtain personal information; or
14
(b) make a record of such information; or
15
(c) disclose such information to another person; or
16
(d) otherwise use such information;
17
if the Secretary reasonably believes that the obtaining, recording,
18
disclosure or use that is proposed to be made of the information is
19
reasonably necessary for one or more of the following purposes:
20
(e) research into matters of relevance to the Department;
21
(f) statistical analysis of matters of relevance to the Department;
22
(g) policy development.
23
75 Officer's declaration
24
(1) An officer must, if and when required by the Secretary or the
25
Commissioner to do so, make an oath or affirmation to protect
26
information in accordance with this Division.
27
(2) The Secretary may determine in writing:
28
(a) the form of the oath or affirmation that the Secretary will
29
require; and
30
Chapter 4 Administration
Part 4.1 Information management
Division 5 Use etc. of personal information
Section 75
48
Trade Support Loans Bill 2014
No. , 2014
(b) the manner in which the oath or affirmation must be made.
1
(3) The Commissioner may determine in writing:
2
(a) the form of the oath or affirmation that the Commissioner
3
will require; and
4
(b) the manner in which the oath or affirmation must be made.
5
Administration Chapter 4
Review of decisions Part 4.2
Introduction Division 1
Section 76
No. , 2014
Trade Support Loans Bill 2014
49
Part 4.2--Review of decisions
1
Division 1--Introduction
2
76 Simplified outline of this Part
3
The Secretary can review most decisions made under this Act. The
4
Commissioner can review certain Commissioner decisions. The
5
Secretary or Commissioner can review decisions on his or her own
6
initiative, or if a person asks for a review.
7
A decision on review can be further reviewed by application to the
8
Administrative Appeals Tribunal.
9
77 Reviewable decisions
10
(1) A decision under section 50 or 51 is a reviewable Commissioner
11
decision.
12
(2) A decision under this Act that is not:
13
(a) a reviewable Commissioner decision; or
14
(b) referred to in section 202F of the Income Tax Assessment Act
15
1936; or
16
(c) a decision under section 88;
17
is a reviewable Secretary decision.
18
(3) A decision that is a reviewable Commissioner decision or a
19
reviewable Secretary decision is a reviewable decision.
20
78 Reviewer of decisions
21
(1) The reviewer of a reviewable Secretary decision is:
22
(a) the Secretary; or
23
(b) an authorised review officer.
24
(2) The reviewer of a reviewable Commissioner decision is:
25
(a) the Commissioner; or
26
Chapter 4 Administration
Part 4.2 Review of decisions
Division 1 Introduction
Section 79
50
Trade Support Loans Bill 2014
No. , 2014
(b) a delegate of the Commissioner.
1
79 Authorised review officers
2
(1) The Secretary may, in writing, authorise an officer to perform
3
duties as an authorised review officer for the purposes of this Part.
4
(2) If a decision that was made by a delegate of the Secretary or the
5
Commissioner is to be reviewed by an authorised review officer or
6
a delegate of the Commissioner, the authorised review officer or
7
delegate must be a person who:
8
(a) was not involved in making the decision; and
9
(b) occupies a position that is senior to that occupied by any
10
person involved in making the decision.
11
80 Notice of reasons for decision
12
A person who makes a reviewable decision, or a decision on
13
review of a reviewable decision, must include reasons for the
14
decision in the notice of the decision.
15
Note:
Section 27A of the Administrative Appeals Tribunal Act 1975 requires
16
notice of a decision and review rights to be given to persons whose
17
interests are affected by the decision.
18
Administration Chapter 4
Review of decisions Part 4.2
Internal review Division 2
Section 81
No. , 2014
Trade Support Loans Bill 2014
51
Division 2--Internal review
1
81 Internal review
2
(1) The reviewer of a reviewable decision may review the decision if
3
satisfied that there is sufficient reason to do so.
4
(2) The reviewer may review the decision:
5
(a) whether or not any person has applied for review of the
6
decision; and
7
(b) even if an application has been made to the Administrative
8
Appeals Tribunal for review of the decision.
9
(3) After reviewing the decision, the reviewer must:
10
(a) affirm the decision; or
11
(b) vary the decision; or
12
(c) set the decision aside and substitute a new decision.
13
Note:
Section 27A of the Administrative Appeals Tribunal Act 1975 requires
14
notice of a decision and review rights to be given to persons whose
15
interests are affected by the decision. Section 80 of this Act requires
16
reasons for the decision to be included.
17
(4) The reviewer's decision (the decision on review) to affirm, vary or
18
set aside the decision takes effect:
19
(a) on the day specified in the decision on review; or
20
(b) if a day is not specified--on the day on which the decision on
21
review was made.
22
82 Notice to AAT Registrar
23
If:
24
(a) a reviewer makes a decision under subsection 81(3); and
25
(b) at the time of the reviewer's decision, a person has applied to
26
the Administrative Appeals Tribunal for review of the
27
decision reviewed by the reviewer;
28
the reviewer must give the Registrar of the Administrative Appeals
29
Tribunal written notice of the reviewer's decision under
30
subsection 81(3).
31
Chapter 4 Administration
Part 4.2 Review of decisions
Division 2 Internal review
Section 83
52
Trade Support Loans Bill 2014
No. , 2014
83 Application for review
1
(1) A person whose interests are affected by a reviewable Secretary
2
decision may apply to the Secretary for review of the decision, by
3
written notice given to the Secretary within 28 days, or such longer
4
period as the Secretary allows, after the day on which the person
5
first received notice of the decision.
6
(2) A person whose interests are affected by a reviewable
7
Commissioner decision may apply to the Commissioner for review
8
of the decision, by written notice given to the Commissioner within
9
28 days, or such longer period as the Commissioner allows, after
10
the day on which the person first received notice of the decision.
11
(3) The person's notice must set out the reasons for the application.
12
84 Withdrawal of application
13
(1) A person who has applied for review of a decision may withdraw
14
the application at any time before the review has been completed.
15
(2) If an application for review of a decision is withdrawn, the
16
application is taken never to have been made.
17
(3) An application may be withdrawn orally or in writing or in any
18
other manner approved by:
19
(a) the Secretary, for an application in relation to a reviewable
20
Secretary decision; or
21
(b) the Commissioner, for an application in relation to a
22
reviewable Commissioner decision.
23
85 Review of decisions following application under section 83
24
(1) If a person applies under section 83 for review of a decision, the
25
reviewer must:
26
(a) review the decision; and
27
(b) do one of the following:
28
(i) affirm the decision;
29
(ii) vary the decision;
30
(iii) set the decision aside and substitute a new decision.
31
Administration Chapter 4
Review of decisions Part 4.2
Internal review Division 2
Section 85
No. , 2014
Trade Support Loans Bill 2014
53
Note:
Section 27A of the Administrative Appeals Tribunal Act 1975 requires
1
notice of a decision and review rights to be given to persons whose
2
interests are affected by the decision. Section 80 of this Act requires
3
reasons for the decision to be included.
4
(2) The reviewer's decision (the decision on review) to affirm, vary or
5
set aside the decision takes effect:
6
(a) on the day specified in the decision on review; or
7
(b) if a day is not specified--on the day on which the decision on
8
review was made.
9
(3) The reviewer is taken, for the purposes of this Part, to have
10
affirmed the decision if the reviewer does not give notice of a
11
decision to the person within 45 days after receiving the person's
12
application.
13
Chapter 4 Administration
Part 4.2 Review of decisions
Division 3 Administrative Appeals Tribunal review of decisions
Section 86
54
Trade Support Loans Bill 2014
No. , 2014
Division 3--Administrative Appeals Tribunal review of
1
decisions
2
86 Review by AAT
3
Applications may be made to the Administrative Appeals Tribunal
4
for review of decisions of a reviewer under subsection 81(3) or
5
85(1).
6
87 Decision changed before AAT review completed
7
Decision varied
8
(1) If a reviewer varies a decision after an application has been made
9
to the Administrative Appeals Tribunal for review of that decision
10
but before the determination of the application, the application is
11
taken to be an application for review of the decision as varied.
12
Decision set aside and a new decision substituted
13
(2) If a reviewer sets a decision aside and substitutes a new decision
14
after an application has been made to the Administrative Appeals
15
Tribunal for review of that decision but before the determination of
16
the application, the application is taken to be an application for
17
review of the new decision.
18
88 Settlement of proceedings before the AAT
19
(1) The Secretary may agree with other parties to proceedings before
20
the Administrative Appeals Tribunal that relate to the recovery of
21
an overpayment debt that the proceedings be settled. The
22
agreement must be in writing.
23
(2) If proceedings are settled and the Secretary gives the
24
Administrative Appeals Tribunal a copy of the agreement to settle
25
the proceedings, the application for review of the decision the
26
subject of the proceedings is taken to have been dismissed.
27
Administration Chapter 4
Overpayment debts Part 4.3
Section 89
No. , 2014
Trade Support Loans Bill 2014
55
Part 4.3--Overpayment debts
1
2
89 Simplified outline of this Part
3
Usually, trade support loan that is paid to a person must be repaid
4
through the tax system in accordance with Part 3.2, after the
5
person's income reaches a certain threshold. However, in certain
6
situations where trade support loan is wrongly paid to a person, the
7
amount becomes a debt under this Part called an overpayment debt.
8
Overpayment debts can be recovered through the courts, or under
9
an arrangement the Commonwealth might enter into with the
10
person.
11
90 Overpayment debt
12
(1) If:
13
(a) a payment of trade support loan is made to a person; and
14
(b) a person who obtains the benefit of the payment was not
15
entitled for any reason to obtain that benefit;
16
the amount of the payment is a debt (an overpayment debt) due to
17
the Commonwealth by the person and the debt is taken to have
18
arisen when the person obtained the benefit of the payment.
19
(2) Without limiting subsection (1), a person is taken not to have been
20
entitled to obtain the benefit of the payment if the payment should
21
not have been made for any of the following reasons:
22
(a) the payment was made to the person by mistake as a result of
23
a computer error or an administrative error;
24
(b) the person for whose benefit the payment was intended to be
25
made was not qualified to receive the payment;
26
(c) the payment was not payable;
27
(d) the payment was made as a result of a contravention of this
28
Act, a false statement or a misrepresentation;
29
(e) the payment was made in purported compliance with a
30
direction or authority given by the person who was entitled to
31
obtain the benefit of the payment but the direction or
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Chapter 4 Administration
Part 4.3 Overpayment debts
Section 91
56
Trade Support Loans Bill 2014
No. , 2014
authority had been revoked or withdrawn before the payment
1
was made;
2
(f) the payment was intended to be made for the benefit of
3
someone else who died before the payment was made.
4
(3) Without limiting subsection (1), a person is taken not to have been
5
entitled to obtain the benefit of so much of any payment made to
6
the person for an instalment period in accordance with a
7
determination under subsection 16(4) as exceeds the amount of the
8
instalment that was payable to the person for that instalment period
9
having regard to section 24 (yearly rate).
10
(4) If the payment is made to, or as directed or authorised by, the
11
person who is entitled to obtain the benefit of the payment,
12
subsection (1) does not apply to any other person who afterwards
13
obtains the benefit of the payment unless the other person obtained
14
the benefit because of a mistake made by the first person in
15
connection with the giving of the direction or authorisation.
16
(5) Subsection (1) applies in relation to a payment made to a person
17
whether or not the payment was made under a determination that
18
had effect at the time when the payment was made.
19
(6) A reference in this section to a payment of trade support loan
20
includes a reference to part of a payment of trade support loan.
21
91 Overseas application
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Section 90 extends to:
23
(a) acts, omissions, matters and things outside Australia, whether
24
in a foreign country or not; and
25
(b) all persons irrespective of nationality or citizenship.
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92 Recovery of overpayment debt--payment arrangement
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(1) The Secretary may, on behalf of the Commonwealth, enter into an
28
arrangement with a person under which the person is to pay an
29
overpayment debt owed by the person to the Commonwealth, or
30
the outstanding amount of such a debt, in a way set out in the
31
arrangement.
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Administration Chapter 4
Overpayment debts Part 4.3
Section 93
No. , 2014
Trade Support Loans Bill 2014
57
(2) The arrangement has effect from the date of effect specified in the
1
arrangement, which may be earlier or later than the day on which
2
the arrangement was entered into.
3
(3) The Secretary may vary or terminate the arrangement:
4
(a) at the debtor's request; or
5
(b) after giving the debtor 28 days' notice of the proposed
6
variation or termination; or
7
(c) if the Secretary is satisfied that the debtor has failed to
8
disclose material information about the debtor's true capacity
9
to repay the debt--without notice.
10
93 Recovery of overpayment debt--legal proceedings
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An overpayment debt is recoverable by the Commonwealth in a
12
court of competent jurisdiction.
13
94 Secretary may write off overpayment debt
14
(1) Subject to subsection (2), the Secretary may, on behalf of the
15
Commonwealth, decide to write off an overpayment debt, for a
16
stated period or otherwise.
17
(2) The Secretary may decide to write off an overpayment debt under
18
subsection (1) if, and only if:
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(a) the debt is irrecoverable at law; or
20
(b) the debtor has no capacity to repay the debt; or
21
(c) the debtor's whereabouts are unknown after all reasonable
22
efforts have been made to locate the debtor; or
23
(d) it is not cost effective to take action to recover the debt.
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(3) For the purposes of paragraph (2)(a), an overpayment debt is
25
irrecoverable at law if, and only if:
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(a) the debt cannot be recovered by means of legal proceedings
27
because the period during which such proceedings may be
28
brought has ended; or
29
(b) there is no proof of the debt capable of sustaining legal
30
proceedings for its recovery; or
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Chapter 4 Administration
Part 4.3 Overpayment debts
Section 95
58
Trade Support Loans Bill 2014
No. , 2014
(c) the debtor is discharged from bankruptcy and the debt was
1
incurred before the debtor became bankrupt and was not
2
incurred by fraud; or
3
(d) the debtor has died leaving no estate or insufficient funds in
4
the debtor's estate to repay the debt.
5
(4) A decision made under subsection (1) takes effect on the date of
6
effect specified in the decision (which may be earlier or later than
7
the day the decision is made).
8
(5) Nothing in this section prevents anything being done at any time to
9
recover a debt that has been written off under this section.
10
95 Secretary's power to waive overpayment debt
11
(1) The Secretary may, on behalf of the Commonwealth, waive the
12
Commonwealth's right to recover the whole or part of an
13
overpayment debt from a debtor only in the circumstances
14
described in section 96 or 97.
15
(2) A waiver takes effect on the date of effect specified in the waiver
16
(which may be earlier or later than the day the decision to waive is
17
made).
18
Note:
If the Secretary waives the Commonwealth's right to recover all or
19
part of a debt, this is a permanent bar to recovery of the debt or part of
20
the debt--the debt or part of the debt effectively ceases to exist.
21
96 Waiver of overpayment debt arising from error
22
(1) If subsection (2) applies in relation to an overpayment debt, the
23
Secretary must waive the right to recover so much of the debt as is
24
attributable solely to an administrative error made by:
25
(a) the Commonwealth; or
26
(b) an authority of the Commonwealth; or
27
(c) an organisation that performs services for the
28
Commonwealth.
29
(2) This subsection applies in relation to an overpayment debt if the
30
debt is raised after the end of whichever of the following periods
31
ends later:
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Administration Chapter 4
Overpayment debts Part 4.3
Section 97
No. , 2014
Trade Support Loans Bill 2014
59
(a) the period of 6 weeks from the first payment that caused the
1
debt;
2
(b) if the debt arose because a person has complied with a
3
notification obligation--the period of 6 weeks from the end
4
of the notification period.
5
97 Waiver of small overpayment debt
6
The Secretary must waive the right to recover an overpayment debt
7
if:
8
(a) the debt is, or is likely to be, less than $200; and
9
(b) it is not cost effective for the Commonwealth to take action
10
to recover the debt.
11
Chapter 5 Miscellaneous
Part 5.1 Miscellaneous
Section 98
60
Trade Support Loans Bill 2014
No. , 2014
Chapter 5--Miscellaneous
1
Part 5.1--Miscellaneous
2
3
98 Simplified outline of this Part
4
This Part deals with miscellaneous matters.
5
99 Indexation of lifetime limit and yearly rate
6
(1) Each of the following amounts:
7
(a) the lifetime limit;
8
(b) a yearly rate;
9
is to be indexed, on 1 July 2017 and each later 1 July (each such
10
1 July is an indexation day), in accordance with this section.
11
(2) If an amount is to be indexed on an indexation day, this Act has
12
effect as if the indexed amount were substituted for that amount on
13
that day.
14
(3) This is how to work out the indexed amount for an amount that is
15
to be indexed on an indexation day:
16
Method statement
17
Step 1. Use subsection (4) to work out the annual indexation
18
factor for the amount on the indexation day.
19
Step 2. Multiply the amount that is to be indexed by the annual
20
indexation factor.
21
Step 3. If the result of step 2 is an amount of whole dollars, the
22
result is the indexed amount. If the result of step 2 is an
23
amount of whole dollars and cents, round the amount up
24
or down (up in the case of 50 cents) to the nearest dollar.
25
The result is the indexed amount.
26
Miscellaneous Chapter 5
Miscellaneous Part 5.1
Section 100
No. , 2014
Trade Support Loans Bill 2014
61
(4) Subject to subsections (5) and (6), the annual indexation factor
1
for an amount that is to be indexed under this section on an
2
indexation day is:
3
index number for most recent March quarter before the indexation day
index number for highest March quarter before the indexation day
4
rounded to 3 decimal places.
5
(5) For the purposes of subsection (4):
6
(a) in identifying the highest March quarter, disregard any March
7
quarter that is earlier than the 2014 March quarter; and
8
(b) the third decimal place is rounded up if, apart from the
9
rounding:
10
(i) the factor would have 4 or more decimal places; and
11
(ii) the fourth decimal place would be a number greater than
12
4.
13
Note:
See section 33 for the definition of index number.
14
(6) If an annual indexation factor worked out under subsections (4)
15
and (5) would be less than 1, the indexation factor is to be
16
increased to 1.
17
100 Application to under-18s
18
(1) Each of the following applies to a person aged under 18 in the
19
same way that it applies to a person aged 18 or older:
20
(a) this Act;
21
(b) a provision of a taxation law (within the meaning of the
22
Income Tax Assessment Act 1997) to the extent to which it
23
relates to this Act.
24
(2) Subsection (1) does not by implication limit the application of
25
other provisions of taxation law in relation to persons aged under
26
18.
27
101 Delegation by Secretary
28
(1) The Secretary may, in writing, delegate to an officer all or any of
29
the powers and functions of the Secretary under this Act.
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Chapter 5 Miscellaneous
Part 5.1 Miscellaneous
Section 102
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No. , 2014
(2) In exercising powers or performing functions under a delegation,
1
the delegate must comply with any written directions of the
2
Secretary.
3
102 Use of computer program to make decisions
4
(1) The Secretary may arrange for the use, under the Secretary's
5
control, of computer programs for any purposes for which the
6
Secretary may make decisions under this Act.
7
(2) A decision made by the operation of a computer program under an
8
arrangement made under subsection (1) is taken to be a decision
9
made by the Secretary.
10
(3) If, because of subsection (2), the Secretary is taken to have made a
11
decision that the Secretary is to make by determination, the
12
Secretary is taken to have made a determination to that effect.
13
103 Annual report
14
(1) As soon as practicable after 30 June in each year, the Secretary
15
must give to the Minister a written report on the administrative
16
operation of this Act during the financial year that ended on that
17
30 June.
18
(2) The Minister must cause a copy of the report to be laid before each
19
House of the Parliament within 15 sitting days of that House after
20
the Minister receives the report.
21
104 Appropriation
22
The following amounts are payable out of the Consolidated
23
Revenue Fund, which is appropriated accordingly:
24
(a) amounts that are to be paid to a person under Division 4 of
25
Part 2.2;
26
(b) any other amounts payable by the Commonwealth under this
27
Act.
28
Miscellaneous Chapter 5
Miscellaneous Part 5.1
Section 105
No. , 2014
Trade Support Loans Bill 2014
63
105 TSL Priority List
1
(1) The Minister must, by legislative instrument, establish and
2
maintain a list (the TSL Priority List) specifying:
3
(a) occupations for which; or
4
(b) qualifications leading to occupations for which;
5
in the opinion of the Minister, skilled persons are a priority.
6
(2) The TSL Priority List may do any or all of the following:
7
(a) specify occupations or qualifications by applying, adopting
8
or incorporating, with or without modification, material in
9
another instrument (whether or not a legislative instrument),
10
including another instrument as in force or existing from time
11
to time;
12
(b) include, for a specified occupation or qualification, a final
13
date.
14
(3) If the TSL Priority List includes a final date for a specified
15
occupation or qualification, then, for the purposes of
16
subparagraph 8(2)(a)(ii), that occupation or qualification is taken to
17
be specified on the TSL Priority List, but only in relation to
18
apprenticeships started before the final date.
19
(4) The TSL Priority List may, in addition to including a final date for
20
a specified occupation or qualification, make provision for matters
21
of an application or transitional nature in relation to the addition,
22
removal or modification of specified occupations or qualifications.
23
(5) The TSL Priority List must be published:
24
(a) on the website of the Department; and
25
(b) in any other way the Minister considers appropriate.
26
106 Rules
27
(1) The Minister may, by legislative instrument, make rules
28
prescribing matters:
29
(a) required or permitted by this Act to be prescribed by the
30
rules; or
31
(b) necessary or convenient to be prescribed for carrying out or
32
giving effect to this Act.
33
Chapter 5 Miscellaneous
Part 5.1 Miscellaneous
Section 106
64
Trade Support Loans Bill 2014
No. , 2014
(2) Without limiting subsection (1), the rules may prescribe matters of
1
a transitional nature (including prescribing any saving or
2
application provisions) arising out of changes to the rules or
3
changes to the administration of trade support loan.
4