Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-5 - TAX FILE NUMBERS  

Division 193 - What are the requirements on higher education providers and Open Universities Australia relating to tax file numbers?  

SECTION 193-1   Giving information about tax file number requirements   Requests for HECS-HELP assistance or FEE-HELP assistance - requirements on higher education providers

193-1(1)  
A higher education provider must notify a person in writing how to *meet the tax file number requirements if:


(a) the person is enrolled in a unit of study with the provider; and


(b) the person has, on or before the *census date for the unit, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to the unit or, where the *course of study of which the unit forms a part is undertaken with the provider, in relation to the course of study.


(c) in that request, the person requests *HECS-HELP assistance or *FEE-HELP assistance for the unit or the course; and


(d) the request does not include a number that purports to be the person ' s *tax file number.

193-1(2)  
The provider must notify the person under subsection (1):


(a) on or before the *census date for the unit; or


(b) within 7 days after the person gives the provider the *request for Commonwealth assistance;

whichever is earlier.

Requests for FEE-HELP assistance - requirements on Open Universities Australia

193-1(2A)  


*Open Universities Australia must notify a person in writing how to *meet the tax file number requirements if:


(a) Open Universities Australia provides access to a unit of study to the person; and


(b) the person has, on or before the *census date for the unit, completed, signed and given to an *appropriate officer of Open Universities Australia a *request for Commonwealth assistance in relation to the unit; and


(c) in that request, the person requests *FEE-HELP assistance for the unit; and


(d) the request does not include a number that purports to be the person ' s *tax file number.

193-1(2B)  


*Open Universities Australia must notify the person under subsection (2A):


(a) on or before the *census date for the unit; or


(b) within 7 days after the person gives Open Universities Australia the *request for Commonwealth assistance;

whichever is earlier.

193-1(2C)  


A request for Commonwealth assistance , in relation to a person to whom *Open Universities Australia provides access to a unit of study, means a document:


(a) in which the person requests the Commonwealth to provide assistance under this Act in relation to the unit; and


(b) that is in the form approved by the Minister.

Requests for OS-HELP assistance

193-1(3)  
A higher education provider must notify a person in writing how to *meet the tax file number requirements if:


(a) the person is enrolled in a *course of study with the provider; and


(b) the person has, before receiving *OS-HELP assistance, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance; and


(c) in that request, the person requests OS-HELP assistance in relation to a period of 6 months; and


(d) the request does not include a number that purports to be the person ' s *tax file number.

193-1(4)  
The provider must notify the person under subsection (3) within 7 days after the person gives the provider the *request for Commonwealth assistance. Requests for SA-HELP assistance

193-1(4A)  


A higher education provider must notify a person in writing how to *meet the tax file number requirements if:


(a) the person is enrolled with the provider in a *course of study or *bridging course for overseas-trained professionals; and


(b) the provider has imposed a *student services and amenities fee on the person; and


(c) the person has, on or before the day on which the fee is payable, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to a student services and amenities fee imposed on the person for a period during which he or she is enrolled in the course or bridging course; and


(d) in that request, the person requests *SA-HELP assistance for the student services and amenities fee; and


(e) the request does not include a number that purports to be the person ' s *tax file number.

193-1(4B)  


The provider must notify the person under subsection (4A):


(a) on or before the day the *student services and amenities fee is payable; or


(b) within 7 days after the person gives the provider the *request for Commonwealth assistance;

whichever is earlier.

Cases where there is no obligation to notify

193-1(5)  
This section does not apply to the person if:


(a) the person, in the *request for Commonwealth assistance, requests *HECS-HELP assistance, *FEE-HELP assistance, *OS-HELP assistance or *SA-HELP assistance, but the person is not entitled to the assistance; or


(b) the person, in the request for Commonwealth assistance, requests HECS-HELP assistance in relation to a unit of study, but one or more *up-front payments for the unit have been made totalling 100% of the person ' s *student contribution amount for the unit.

Note:

In the circumstances set out in paragraph (5)(b), the HECS-HELP assistance would not involve any loan by the Commonwealth to the person.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.