Education Legislation Amendment (Startup Year and Other Measures) Act 2023 (36 of 2023)

Schedule 1   Startup year

Part 1   STARTUP-HELP assistance

Higher Education Support Act 2003

62   At the end of Division 193 of Part 5-5

Add:

193-20 No entitlement to STARTUP-HELP assistance for students without tax file numbers

(1) This subsection applies to a person in relation to an *accelerator program course if:

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

(b) 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

(c) 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 (2)) is a valid tax file number; and

(d) the person is entitled to *STARTUP-HELP assistance for the course (ignoring paragraph 128B-1(1)(f)).

Note: If this section applies then the amount of the STARTUP-HELP assistance is reversed (see section 128E-20). For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).

(2) A higher education provider must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(c), comply with the guidelines issued by the *Commissioner under subsection 187-1(4).

(3) A higher education provider 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) applying to them.

(4) A guideline issued under subsection (3) is a legislative instrument.