Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 193.5

No entitlement to HECS - HELP assistance for students without tax file numbers

  (1)   A higher education provider must cancel a person's enrolment in a unit of study with the provider if:

  (a)   the provider receives notice under section   190 - 15 or 190 - 20 to the effect that the person does not have, or no longer has, a * tax file number; and

  (b)   at the end of 28 days after the provider receives that notice, the provider has not been notified of a number that the provider is satisfied (in accordance with subsection   (3)) is a valid tax file number; and

  (c)   the person is entitled to * HECS - HELP assistance for the unit (ignoring paragraph   90 - 1(f)); and

  (d)   the person has not paid, as one or more * up - front payments in relation to the unit, his or her * student contribution amount for the unit.

Note 1:   If a person's enrolment is cancelled under this section, the provider has certain payment obligations: see section   36 - 24B.

Note 2:   The person's HELP balance in relation to the unit is re - credited: see subsection   97 - 27(1).

  (2)   The provider must not accept a further enrolment of the person in that unit as a * Commonwealth supported student.

  (3)   A higher education provider must, in deciding whether it is satisfied that a number is a valid * tax file number for the purposes of paragraph   (1)(b), comply with the guidelines issued by the * Commissioner under subsection   187 - 1(4).

  (4)   A higher education provider must comply with any requirements, set out in guidelines issued by the * Commissioner, relating to procedures for informing persons who may be affected by subsection   (1) or (3) of the need to obtain a valid * tax file number.

  (5)   A guideline issued under subsection   (4) is a legislative instrument.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback