HIGHER EDUCATION FUNDING ACT 1988
[ CCH Note: Act No 150 of 2003, s 3 and Sch 1 items 10 to 14 and 24, contains the following transitional provisions:
``Part 3 - Debts under the Higher Education Funding Act 1988
Conversion of accumulated HEC debts into accumulated HELP debts
10(1)
In working out, under section 140-25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the financial year starting on 1 July 2005, if a person incurs an accumulated HEC debt on 1 June 2005, add the debt to the amount under step 1 of the method statement in section 140-5 of that Act.
10(2)
The accumulated HELP debt that a person incurs on 1 June 2006 discharges, or discharges the unpaid part of, any accumulated HEC debt that the person incurred on 1 June 2005.
Taking account of voluntary payments made under the Higher Education Funding Act 1988 on or after 1 June 2005
11
If:
(a) on or after 1 June 2005, a person makes a payment to the Commissioner under Division 1 of Part 5A.3 of the Higher Education Funding Act 1988 ; and
(b) the payment would but for subsection 106N(2A) of that Act, be used in working out the person's accumulated HEC debt incurred on 1 June in a particular financial year;in working out, under section 140-25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 140-5 of that Act.
Taking account of voluntary payments made under the Higher Education Support Act 2003 before 1 June 2005
11A(1)
If:
(a) on or after 1 January 2005 and before 1 June 2005, a person makes a voluntary repayment to the Commissioner under Division 151 of the Higher Education Support Act 2003 ; and
(b) the payment is in respect of one or more HECS-HELP debts;in working out, under section 140-25 of that Act, a person's accumulated HECS-HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 140-5 of that Act.
11A(2)
If:
(a) on or after 1 January 2005 and before 1 June 2005, a person makes a voluntary repayment to the Commissioner under Division 151 of the Higher Education Support Act 2003 ; and
(b) the payment is in respect of one or more HELP debts that are not HECS-HELP debts;in working out, under section 143-15 of that Act, a person's accumulated FEE-HELP/OS-HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 143-5 of that Act.
Taking account of HEC assessment debts assessed on or after 1 June 2005
12
If:
(a) on or after 1 June 2005, the Commissioner makes an assessment under section 106T of the Higher Education Funding Act 1988 ; and
(b) an amount is included in the notice of the assessment that is required to be paid in respect of an accumulated HEC debt under section 106Q of that Act; and
(c) the amount would, but for subsection 106N(2A) of that Act, be used in working out the person's accumulated HEC debt incurred on 1 June in a particular financial year;in working out, under section 140-25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 4 of the method statement in section 140-5 of that Act.
Taking account of amendments of assessments of HEC assessment debts on or after 1 June 2005
13(1)
If:
(a) on or after 1 June 2005, the Commissioner amends an assessment made under section 106T of the Higher Education Funding Act 1988 of the amount of a person's HEC assessment debt; and
(b) the HEC assessment debt is increased by the amendment (whether as a result of an increase in the person's taxable income of an income year or otherwise);in working out, under section 140-25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the appropriate financial year, add the amount of the increase to the amount of the sum referred to in step 5 of the method statement in section 140-5 of that Act.
13(2)
If:
(a) on or after 1 June 2005, the Commissioner amends an assessment made under section 106T of the Higher Education Funding Act 1988 of the amount of a person's HEC assessment debt; and
(b) the HEC assessment debt is reduced by the amendment (whether as a result of a reduction in the person's taxable income of an income year or otherwise);in working out, under section 140-25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the appropriate financial year, add the amount of the reduction to the amount of the sum referred to in step 6 of the method statement in section 140-5 of that Act.
13(3)
For the purposes of this item, the appropriate financial year is:
(a) if the amendment is made before 1 June in a financial year - that financial year; or
(b) if the amendment is made on or after 1 June in a financial year - the immediately succeeding financial year.
Definitions
14
In this Part:accumulated HEC debt
has the meaning given by section 106N of the Higher Education Funding Act 1988 .HEC assessment debt
Definitions
has the meaning given by section 34 of the Higher Education Funding Act 1988 .
24
In this Schedule:new Act
means the Higher Education Support Bill 2003 .old Act
means the Higher Education Funding Act 1988 .'']
View history note
Hide history noteIf: (a) application is made to the Administrative Appeals Tribunal for review of a decision (the reconsideration decision ) of the Secretary under subsection 106M(3) ; and (b) information is provided for the purposes of that review that was not provided to the Secretary;
the Secretary may review the reconsideration decision at any time before the determination of the application for review to the Tribunal.
[ CCH Note: S 106MA(1) will be amended by No 39 of 2024, s 3 and Sch 5 item 24, by substituting " Administrative Review Tribunal " for " Administrative Appeals Tribunal " in para (a), effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
106MA(2)
On reviewing the reconsideration decision, and taking into account the information provided for the purposes of the application to the Administrative Appeals Tribunal, the Secretary must, as soon as practicable: (a) confirm the reconsideration decision; or (b) vary the reconsideration decision; or (c) revoke the reconsideration decision and substitute a decision to remit the semester debt;
and notify the applicant and the Registrar of the Tribunal of the decision made on that review.
[ CCH Note: S 106MA(2) will be amended by No 39 of 2024, s 3 and Sch 5 items 25 and 26, by substituting " Administrative Review Tribunal " for " Administrative Appeals Tribunal " and omitting " the Registrar of " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
106MA(3)
The notice of the decision must include a statement of the reasons for the decision.
106MA(4)
A failure to comply with subsection (3) does not affect the validity of the notice or of the decision notified.
106MA(5)
If, on a review of a reconsideration decision, the Secretary varies the reconsideration decision, the application to the Administrative Appeals Tribunal is taken to be an application for review of the reconsideration decision as so varied unless the applicant, by notice in writing to the Registrar of the Tribunal, withdraws the application.
[ CCH Note: S 106MA(5) will be amended by No 39 of 2024, s 3 and Sch 5 items 27 and 28, by substituting " Administrative Review Tribunal " for " Administrative Appeals Tribunal " and omitting " the Registrar of " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
106MA(6)
If, on a review of the reconsideration decision, the Secretary decides to revoke the reconsideration decision and to substitute a decision to remit the semester debt: (a) the Secretary must notify the Administrative Appeals Tribunal to that effect; and (b) the application to the Tribunal is taken to have been withdrawn by the applicant.
[ CCH Note: S 106MA(6) will be amended by No 39 of 2024, s 3 and Sch 5 item 29, by substituting " Administrative Review Tribunal " for " Administrative Appeals Tribunal " in para (a), effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
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