Higher Education Support Act 2003
A higher education provider must cancel a person ' s enrolment in a unit of study with the provider if:
(a) 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
(b) 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
(c) the person is entitled to *HECS-HELP assistance for the unit (ignoring paragraph 90-1(f) ); and
(d) the person has not paid, as one or more *up-front payments in relation to the unit, his or her *student contribution amount for the unit.
If a person ' s enrolment is cancelled under this section, the provider has certain payment obligations: see section 36-24B .
[ CCH Note: S 193-5(1) will be amended by No 76 of 2018, s 3 and Sch 3 items 62 and 63, by inserting " 1 " after " Note " in the note and inserting Note 2 at the end, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading. Note 2 will read:
The person ' s HELP balance in relation to the unit is re-credited: see subsection 97-27(1) .
The provider must not accept a further enrolment of the person in that unit as a *Commonwealth supported student. 193-5(3)
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)(b), comply with the guidelines issued by the *Commissioner under subsection 187-1(4) . 193-5(4)
A higher education provider must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons who may be affected by subsection (1) or (3) of the need to obtain a valid *tax file number. 193-5(5)
A guideline issued under subsection (4) is a legislative instrument.