Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-5 - TAX FILE NUMBERS  

Division 193 - What are the requirements on higher education providers and Open Universities Australia relating to tax file numbers?  

SECTION 193-1   Giving information about tax file number requirements  
Requests for HECS-HELP assistance or FEE-HELP assistance - requirements on higher education providers

193-1(1)    
A higher education provider must notify a person in writing how to *meet the tax file number requirements if:

(a)    the person is enrolled in a unit of study with the provider; and

(b)    

the person has, on or before the *census date for the unit, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to the unit or, where the *course of study of which the unit forms a part is undertaken with the provider, in relation to the course of study.

(c)    in that request, the person requests *HECS-HELP assistance or *FEE-HELP assistance for the unit or the course; and

(d)    the request does not include a number that purports to be the person ' s *tax file number.

193-1(2)    
The provider must notify the person under subsection (1) :

(a)    on or before the *census date for the unit; or

(b)    within 7 days after the person gives the provider the *request for Commonwealth assistance;

whichever is earlier.

Requests for FEE-HELP assistance - requirements on Open Universities Australia

193-1(2A)    

*Open Universities Australia must notify a person in writing how to *meet the tax file number requirements if:

(a)    

Open Universities Australia provides access to a unit of study to the person; and

(b)    

the person has, on or before the *census date for the unit, completed, signed and given to an *appropriate officer of Open Universities Australia a *request for Commonwealth assistance in relation to the unit; and

(c)    in that request, the person requests *FEE-HELP assistance for the unit; and

(d)    the request does not include a number that purports to be the person ' s *tax file number.

193-1(2B)    

*Open Universities Australia must notify the person under subsection (2A) :

(a)    on or before the *census date for the unit; or

(b)    

within 7 days after the person gives Open Universities Australia the *request for Commonwealth assistance;

whichever is earlier.

193-1(2C)    

A request for Commonwealth assistance , in relation to a person to whom *Open Universities Australia provides access to a unit of study, means a document:

(a)    in which the person requests the Commonwealth to provide assistance under this Act in relation to the unit; and

(b)    

that is in the form approved by the Minister.

Requests for OS-HELP assistance

193-1(3)    
A higher education provider must notify a person in writing how to *meet the tax file number requirements if:

(a)    the person is enrolled in a *course of study with the provider; and

(b)    

the person has, before receiving *OS-HELP assistance, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance; and

(c)    in that request, the person requests OS-HELP assistance in relation to a period of 6 months; and

(d)    the request does not include a number that purports to be the person ' s *tax file number.

193-1(4)    
The provider must notify the person under subsection (3) within 7 days after the person gives the provider the *request for Commonwealth assistance.

Requests for SA-HELP assistance

193-1(4A)    

A higher education provider must notify a person in writing how to *meet the tax file number requirements if:

(a)    

the person is enrolled with the provider in a *course of study or *bridging course for overseas-trained professionals, or an *accelerator program course; and

(b)    the provider has imposed a *student services and amenities fee on the person; and

(c)    

the person has, on or before the day on which the fee is payable, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to a student services and amenities fee imposed on the person for a period during which he or she is enrolled in the course or courses concerned; and

(d)    in that request, the person requests *SA-HELP assistance for the student services and amenities fee; and

(e)    the request does not include a number that purports to be the person ' s *tax file number.

193-1(4B)    

The provider must notify the person under subsection (4A) :

(a)    on or before the day the *student services and amenities fee is payable; or

(b)    within 7 days after the person gives the provider the *request for Commonwealth assistance;

whichever is earlier.

Requests for STARTUP-HELP assistance

193-1(4C)    

A higher education provider must notify a person in writing how to *meet the tax file number requirements if:

(a)    the person is enrolled in an *accelerator program course with the provider; and

(b)    the person has, on or before the *census date for the accelerator program course, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to the course; and

(c)    in that request, the person requests *STARTUP-HELP assistance for the course; and

(d)    the request does not include a number that purports to be the person ' s *tax file number.

193-1(4D)    

The provider must notify the person under subsection (4C) :

(a)    on or before the *census date for the *accelerator program course; or

(b)    within 7 days after the person gives the provider the *request for Commonwealth assistance;

whichever is earlier.

Cases where there is no obligation to notify

193-1(5)    
This section does not apply to the person if:

(a)    

the person, in the *request for Commonwealth assistance, requests *HECS-HELP assistance, *FEE-HELP assistance, *OS-HELP assistance, *SA-HELP assistance or *STARTUP-HELP assistance, but the person is not entitled to the assistance; or

(b)    

the person, in the request for Commonwealth assistance, requests HECS-HELP assistance in relation to a unit of study, but one or more *up-front payments for the unit have been made totalling 100% of the person ' s *student contribution amount for the unit.

Note:

In the circumstances set out in paragraph (5)(b) , the HECS-HELP assistance would not involve any loan by the Commonwealth to the person.