HIGHER EDUCATION FUNDING ACT 1988

CHAPTER 5B - LIMIT ON STUDENT DEBT TO COMMONWEALTH  

Part 5B.4 - Loan limit notices  

SECTION 106ZG   Consequences of loan limit notice - no amounts payable by Commonwealth  

106ZG(1)    
This section operates if the Commissioner has given a person a loan limit notice in accordance with section 106ZE that relates to the person.

106ZG(2)   HECS and PELS.  

The Commonwealth is not liable, and is taken never to have been liable, in relation to a course of study for a semester covered by subsection (3):

(a) to lend an amount to the person under:

(i) subsection 57(3) , paragraph 57(3A)(e) or subparagraph 57(3B)(b)(i) ; or

(ii) paragraph 98G(2)(a) ; or

(b) to apply any amount in making a payment to an institution, in discharge of a liability of the person, under:

(i) subsection 57(2) or (3) , paragraph 57(3A)(e) or (f) or subparagraph 57(3B)(b)(ii) ; or

(ii) paragraph 98G(2)(b) .

106ZG(3)    
Subsection (2) relates to a course of study for a semester if:

(a) the course of study is:

(i) a designated course of study; or

(ii) an eligible post-graduate course of study; and

(b) the census date for the course of study for the semester is:

(i) on or after the day on which the Commissioner gave the person the loan limit notice; and

(ii) if the loan limit notice has been cancelled by a notice under section 106ZF - before the day on which the loan limit notice was cancelled.

106ZG(3A)   BOTP loan scheme.  

The Commonwealth is not liable, and is taken never to have been liable, in relation to a BOTP course for a study period covered by subsection (3B):

(a) to lend an amount to the person under paragraph 98ZA(2)(a); or

(b) to apply any amount in making a payment to an institution, in discharge of a liability of the person, under paragraph 98ZA(2)(b) .

106ZG(3B)    
Subsection (3A) relates to a BOTP course for a study period if the census date for the study period is:

(a) on or after the day on which the Commissioner gave the person the loan limit notice; and

(b) if the loan limit notice has been cancelled by a notice under section 106ZF - before the day on which the loan limit notice was cancelled.

106ZG(4)   Open Learning Deferred Payment Scheme.  

The Commonwealth is not liable, and is taken never to have been liable, in relation to a unit of study for a study period covered by subsection (5):

(a) to lend an amount to the person under paragraph 106D(1)(a) ; or

(b) to apply any amount in making a payment to the Agency, in discharge of a liability of the person, under paragraph 106D(1)(b) .

106ZG(5)    
Subsection (4) relates to a unit of study for a study period if the census date for the study period is:

(a) on or after the day on which the Commissioner gave the person the loan limit notice; and

(b) if the loan limit notice has been cancelled by a notice under section 106ZF - before the day on which the loan limit notice was cancelled.

106ZG(6)   Notifying affected persons.  

The regulations may set out procedures for an institution or the Agency to notify persons who may be affected by subsection (2), (3A) or (4).