HIGHER EDUCATION FUNDING ACT 1988

CHAPTER 5B - LIMIT ON STUDENT DEBT TO COMMONWEALTH  

Part 5B.4 - Loan limit notices  

SECTION 106ZE   Commissioner to give loan limit notice  

106ZE(1)    
The Commissioner must give a notice (the loan limit notice ) under this section in relation to a person if the person's total indebtedness under this Act exceeds the maximum permitted debt.

106ZE(2)    
The notice must:

(a) state that, on the day on which the notice is given, the person's total indebtedness under this Act exceeds the maximum permitted debt; and

(b) summarise the effect of sections 106ZF , 106ZG , 106ZH and 106ZJ .

106ZE(3)    
The notice must be in writing and given to the person to whom it relates.

106ZE(4)    
The Commissioner must give a copy of the notice to:

(a) each institution at which, according to information that the institution has given the Commissioner, the person to whom the notice relates is enrolled in or undertaking a designated course of study, an eligible post-graduate course of study or a BOTP course; and

(b) if the Agency has given information to the Commissioner indicating that the person to whom the notice relates is an eligible client of the Agency for a study period - the Agency;

unless the notice has been cancelled under section 106ZF .

Note:

The Commissioner must give a copy of the notice from time to time as occasion requires. See subsection 33(1) of the Acts Interpretation Act 1901 .

106ZE(5)    
At the time the notice is given, the Commissioner must also give a statement in writing to the person to whom the notice relates that specifies:

(a) the maximum permitted debt; and

(b) the person's total indebtedness under this Act at that time.