Higher Education Legislation Amendment (Student Services and Amenities) Act 2011 (130 of 2011)
Schedule 1 Student services and amenities
Higher Education Support Act 2003
36 At the end of Division 193
Add:
193-15 No entitlement to SA-HELP assistance for students without tax file numbers
(1) This subsection applies to a person if:
(a) a higher education provider has imposed a *student services and amenities fee on the person; 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 *SA-HELP assistance for the fee (ignoring paragraph 126-1(1)(c)).
Note: If subsection (1) applies to a person:
(a) the provider must repay any amount paid to the provider by the Commonwealth to discharge the person's liability for the student services and amenities fee (see section 128-5); and
(b) the person's SA-HELP debt relating to the payment by the Commonwealth is remitted (see subsection 137-16(4)).
(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.