Higher Education Support Act 2003

Chapter 4 - Repayment of loans

PART 4-1 - INDEBTEDNESS

Division 144 - Special measures for location-preferred HELP debtors - health practitioners

History

Div 144 inserted by No 3 of 2023, s 3 and Sch 2 item 30, effective 21 February 2023. No 3 of 2023, s 3 and Sch 2 items 39 and 40 contain the following application, saving and transitional provisions:

Part 2 - Application, saving and transitional provisions
39 Application of amendments
(1)
The amendments of sections 142-10 and 142-15 of the Higher Education Support Act 2003 made by this Schedule apply in relation to applications under those sections that are received by the Secretary on or after the commencement of this item.

(2)
Subsection 144-5(1) of the Higher Education Support Act 2003 , as inserted by this Part, applies in relation to the 2021-2022 financial year and each later financial year.

(3)
Despite subsection 144-5(2) of the Higher Education Support Act 2003 , as inserted by this Schedule, a day that occurs before 1 January 2022 must not be counted for the purposes of that subsection.

(4)
Section 144-10 of the Higher Education Support Act 2003 , as inserted by this Schedule, applies in relation to a course of study whether completed before or after the commencement of this Schedule.

(5)
Despite paragraph 144-10(1)(a) of the Higher Education Support Act 2003 , as inserted by this Schedule, the Secretary must not determine that a person was a location-preferred HELP debtor (health practitioner) in relation to a course of study for a period if any part of the period occurred before 1 January 2022.
40 Saving provisions
(1)
A person who was a very remote HELP debtor immediately before the commencement of this Schedule is taken, on and after that commencement, to be a location-preferred HELP debtor (teacher).

(2)
Very Remote HELP Debtor Guidelines made under subsection 238-10(1) of the Higher Education Support Act 2003 that were in force immediately before the commencement of this Schedule continue in force (and may be dealt with) as if they were HELP Debtor Guidelines (Teachers) made under that subsection as amended by this Schedule.

SECTION 144-15

144-15 Refunding amounts

View history reference

If:

(a) the *Secretary has determined, for the purposes of section 144-10 , that a person ' s *accumulated HELP debt for a *course of study is to be reduced by an amount; and

(b) the amount exceeds the sum of:

(i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and

(ii) the total amount of the person ' s primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953 );

the Commonwealth must refund to the person an amount equal to that excess.

View history note

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