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 noteSubject to subsections (7) and (8), if:
(a) the HEC repayment income of a person in respect of a year of income exceeds the minimum prescribed amount for the year of income (see subsection (4)); and
(b) on 1 June immediately preceding the making of an assessment in respect of the person's income of that year of income, the person:
(i) had an accumulated HEC debt; or
(ii) if the 1 June occurs in the year 2006 or a later year - had an accumulated HELP debt;
the person is liable to pay in accordance with this Chapter to the Commonwealth in reduction of his or her relevant debt (see subsection (2)) an amount equal to so much of that relevant debt as does not exceed the percentage of the person's HEC repayment income that is applicable in accordance with the following table:
| TABLE | ||
| Item No. | Person's HEC repayment income in respect of year of income | Percentage applicable |
| 1. | Not exceeding the first intermediate prescribed amount for the year of income (see subsection (4)) | 3% |
| 2. | Exceeding the first intermediate prescribed amount for the year of income but not exceeding the second intermediate prescribed amount for the year of income (see subsection (4)) | 3.5% |
| 3. | Exceeding the second intermediate prescribed amount for the year of income but not exceeding the third intermediate prescribed amount for the year of income (see subsection (4)) | 4% |
| 4. | Exceeding the third intermediate prescribed amount for the year of income but not exceeding the fourth intermediate prescribed amount for the year of income (see subsection (4)) | 4.5% |
| 5. | Exceeding the fourth intermediate prescribed amount for the year of income but not exceeding the fifth intermediate prescribed amount for the year of income (see subsection (4)) | 5% |
| 6. | Exceeding the fifth intermediate prescribed amount for the year of income but not exceeding the maximum prescribed amount (see subsection (4)) | 5.5% |
| 7. | Exceeding the maximum prescribed amount for the year of income | 6% |
106Q(2)
In subsection (1), relevant debt , in relation to a person, means:
(a) subject to paragraph (b) of this subsection, the person's accumulated HEC debt referred to in paragraph (1)(b); or
(b) if an amount or amounts have been paid in reduction of that debt, or an amount or amounts have been assessed under section 106T to be payable in respect of that debt - the amount (if any) remaining after deducting from that debt the amount, or the sum of the amounts, so paid or assessed to be payable.
106Q(3)
A reference in paragraph (2)(b) to an amount assessed under section 106T to be payable in respect of a person's accumulated HEC debt is, if the amount has been increased or reduced by an amendment of the relevant assessment, a reference to the increased or reduced amount (as the case may be).
106Q(4)
For the purposes of this section:
(a) the minimum prescribed amount or MPA for a year of income is:
(i) for the 1997-98 year of income - $20,700; or
(ii) for a later year of income (other than the 2004-05 year of income) - the amount worked out using the formula:
$20,700 & times; AWE for the year of income
AWE for the 1997-98 year of income
; or
(iii) for the 2004-05 year of income - $35,000;
(b) the first intermediate prescribed amount for a year of income is:
(i) for the 1997-98 year of income - $21,830; or
(ii) for a later year of income - the amount worked out using the formula:
MPA for the year of income & times; 21,830
20,700
(c) the second intermediate prescribed amount for a year of income is:
(i) for the 1997-98 year of income - $23,524; or
(ii) for a later year of income - the amount worked out using the formula:
MPA for the year of income & times; 23,524
20,700
(d) the third intermediate prescribed amount for a year of income is:
(i) for the 1997-98 year of income - $27,288; or
(ii) for a later year of income - the amount worked out using the formula:
MPA for the year of income & times; 27,288
20,700
(e) the fourth intermediate prescribed amount for a year of income is:
(i) for the 1997-98 year of income - $32,934; or
(ii) for a later year of income - the amount worked out using the formula:
(f) the fifth intermediate prescribed amount for a year of income is:
(i) for the 1997-98 year of income - $34,665; or
(ii) for a later year of income - the amount worked out using the formula:
MPA for the year of income & times; 34,665
20,700
(g) the maximum prescribed amount for a year of income is:
(i) for the 1997-98 year of income - $37,262; or
(ii) for a later year of income - the amount worked out using the formula:
MPA for the year of income & times; 37,262
20,700
106Q(4A)
For the purposes of paragraph (4)(a), AWE for a year of income is the number of dollars in the sum of:
(a) the average weekly earnings for all employees for the reference period in the December quarter immediately before the year of income, as published by the Australian Statistician; and
(b) the average weekly earnings for all employees for the reference period in each of the 4 quarters immediately before that December quarter, as published by the Australian Statistician.
106Q(4B)
If an amount worked out for the purposes of subsection (4) includes any cents, the cents must be disregarded.
106Q(5)
For the purposes of subsection (4A), the reference period in a particular quarter in a year is the period described by the Australian Statistician as the pay period ending on or before a specified day that is the third Friday of the middle month of that quarter.
106Q(6)
The Minister must cause to be published in the Gazette :
(a) as soon as possible after the commencement of this section, the minimum prescribed amount, the intermediate prescribed amounts and the maximum prescribed amount, in respect of the year of income ending on 30 June 1997; and
(b) before the start of the 1998-99 year of income or a later year of income, the minimum prescribed amount, the intermediate prescribed amounts and the maximum prescribed amount in respect of that year of income.
106Q(7)
Subsection (1) does not require a person to pay an amount for a year of income if, under section 8 of the Medicare Levy Act 1986 :
(a) no Medicare levy is payable by the person on the person's taxable income for the year of income; or
(b) the amount of Medicare levy payable by the person on the person's taxable income for the year of income is reduced.
106Q(8)
This section applies in relation to the 2004-05 year of income as if the table in subsection (1) were omitted and the following table were substituted:
| HEC repayment thresholds for the 2004-05 year of income | ||
| Item | Person's HEC repayment income in respect of year of income | Percentage applied |
| 1 | More than $35,000, but less than $38,988 | 4% |
| 2 | $38,988 or more, but less than $42,973 | 4.5% |
| 3 | $42,973 or more, but less than $45,233 | 5% |
| 4 | $45,233 or more, but less than $48,622 | 5.5% |
| 5 | $48,622 or more, but less than $52,658 | 6% |
| 6 | $52,658 or more, but less than $55,430 | 6.5% |
| 7 | $55,430 or more, but less than $60,972 | 7% |
| 8 | $60,972 or more, but less than $65,000 | 7.5% |
| 9 | $65,000 or more | 8% |
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