Higher Education Support Act 2003

Div 157 repealed by No 55 of 2016, s 3 and Sch 3 item 12, effective 1 July 2017.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 The Guidelines as continued under this subitem may be amended or repealed as if they were Guidelines made under section 238-10 of the Act.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.

Subdiv 157-A repealed by No 55 of 2016, s 3 and Sch 3 item 12, effective 1 July 2017. For application and saving provision, see note under Div 157 heading.

Subdiv 157-A inserted by No 43 of 2008, s 3 and Sch 1 item 13, applicable in respect of the 2008-2009 and later income years.

S 157-10 repealed by No 55 of 2016, s 3 and Sch 3 item 12, effective 1 July 2017. For application and saving provision, see note under Div 157 heading. S 157-10 formerly read:

SECTION 157-10 Providing application to Commissioner  
157-10
An application must be made within the time specified in the HECS-HELP Benefit Guidelines.

S 157-10 amended by No 6 of 2012, s 3 and Sch 2 item 5, by substituting " within the time " for " in the manner, and within the time, " , effective 7 March 2012.

S 157-10 inserted by No 43 of 2008, s 3 and Sch 1 item 13, applicable in respect of the 2008-2009 and later income years.