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 noteThis section applies in relation to the repayment of any debt under this Chapter other than an HEC assessment debt.
106PA(2)
(Repealed by No 150 of 2003)
106PA(3)
The debtor is taken to pay off the total debt if he or she pays in respect of the debt an amount worked out by using the formula:
|
Amount of debt outstanding
1.1 |
106PA(4)
Subject to subsection (5), if a person pays an amount of $500 or more in part settlement of a debt, the outstanding amount of the debt is to be reduced by the amount worked out by using the formula:
| Amount of payment & times; 1.1 |
Example: If a person owes a semester debt of $1,700, and the person makes a payment of $600, the debt is to be reduced by an amount of $660 (i.e. $600 × 1.1), leaving a balance of $1,040 ($1,700 - $660) to be paid.
106PA(5)
Subsections (3) and (4) do not apply in respect of a payment in respect of a debt if, in addition to that debt, the debtor owes an HEC assessment debt to the Commonwealth.
106PA(6)
If an amount worked out by using the formula in subsection (3) or (4) is an amount made up of a number of dollars and cents, then:
(a) if the amount of cents in the amount is 50 - the amount is to be rounded up to the nearest dollar; and
(b) in any other case - the amount is to be rounded up or down to the nearest dollar.
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