Div 157 repealed by No 55 of 2016, s 3 and Sch 3 item 12, effective 1 July 2017. No 55 of 2016, s 3 and Sch 3 item 19 contains the following application and saving provision:
19 Application and saving provision
(1)
In this item:
Act
means the
Higher Education Support Act 2003
.
commencement
means the day this Schedule commences.
earlier income year
means an income year commencing before commencement.
(2)
The amendments do not apply in relation to HECS-HELP benefit for an earlier income year.
(3)
Without limiting subitem (2):
(a)
a person may, after commencement, make an application in respect of an earlier income year in accordance with Subdivision
157-A
of Division
157
of the Act as in force immediately before commencement; and
(b)
the Commissioner must make a determination for any application in respect of an earlier year in accordance with Subdivision
157-C
of Division
157
of the Act as in force immediately before commencement; and
(c)
section
140-5
of the Act, as in force immediately before commencement, continues to apply after commencement in relation to working out a former accumulated HELP debt of a person in respect of whom HECS-HELP benefit has been determined for an earlier income year; and
(d)
section
154-3
of the Act, as in force immediately before commencement, continues to apply after commencement in relation to working out the amount that a person in respect of whom a HECS-HELP benefit has been determined for an earlier income year is liable to pay under section
154-1
of the Act; and
(e)
a person may apply, after commencement, for review of a decision referred to in item 4A of the table in section
206-1
of the Act as in force immediately before commencement; and
(f)
such a decision may be reviewed and given effect in accordance with the Act as in force immediately before commencement; and
(g)
a provision of a taxation law (within the meaning of the
Income Tax Assessment Act 1997
) has the effect necessary to give effect to this item.
(4)
The HECS-HELP Benefit Guidelines in force immediately before commencement continue in force for the purposes of the application of the
Higher Education Support Act 2003
in relation to HECS-HELP benefit for earlier income years. The Guidelines as continued under this subitem may be amended or repealed as if they were Guidelines made under section
238-10
of the Act.
Div 157 inserted by No 43 of 2008, s 3 and Sch 1 item 13, applicable in respect of the 2008-2009 and later income years.
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