Higher Education Legislation Amendment (2005 Measures No. 2) Act 2005 (83 of 2005)

Schedule 1   Amendment of the Higher Education Support Act 2003

Part 1   Amendments commencing on Royal Assent

44   After section 193-5

Insert:

193-10 No entitlement to FEE-HELP assistance for students without tax file numbers

(1) This subsection applies to a person in relation to a unit of study if:

(a) the person is enrolled with a higher education provider in the unit; and

(b) access to the unit was not provided by *Open Learning Australia; and

(c) the provider receives notice under section 190-15 or 190-20 to the effect that the person does not have, or no longer has, a *tax file number; and

(d) at the end of 28 days after the provider receives that notice, the provider has not been notified of a number that the provider is satisfied (in accordance with subsection (3)) is a valid tax file number; and

(e) the person is entitled to *FEE-HELP assistance for the unit (ignoring paragraph 104-1(1)(h)).

Note: The person's FEE-HELP balance in relation to the unit is re-credited: see subsection 104-27(1).

(2) This subsection applies to a person in relation to a unit of study if:

(a) the person is enrolled in the unit; and

(b) access to the unit was provided by *Open Learning Australia; and

(c) Open Learning Australia receives notice under section 190-15 or 190-20 to the effect that the person does not have, or no longer has, a *tax file number; and

(d) at the end of 28 days after Open Learning Australia receives that notice, Open Learning Australia has not been notified of a number that it is satisfied (in accordance with subsection (3)) is a valid tax file number; and

(e) the person is entitled to *FEE-HELP assistance for the unit (ignoring paragraph 104-1(1)(h)).

Note: The person's FEE-HELP balance in relation to the unit is re-credited: see subsection 104-27(2).

(3) A higher education provider or *Open Learning Australia must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(d) or (2)(d), as the case may be, comply with the guidelines issued by the *Commissioner under subsection 187-1(4).

(4) A higher education provider or *Open Learning Australia must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons of the need to obtain a valid *tax file number, where the persons may be affected by subsection (1) or (2), as the case may be, applying to them.

(5) A guideline issued under subsection (4) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.