Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-5 - TAX FILE NUMBERS  

Division 187 - What are the tax file number requirements for assistance under Chapter 3?  

SECTION 187-1   Meeting the tax file number requirements   Assistance other than SA-HELP assistance

187-1(1)  


A student who is enrolled, or proposes to enrol, with a higher education provider in a unit of study access to which was not provided by *Open Universities Australia, meets the tax file number requirements for assistance under Chapter 3 , except *SA-HELP assistance, if:


(a) the student notifies his or her *tax file number to:


(i) an *appropriate officer of the provider; and

(ii) the *Secretary;
and the provider is satisfied (in accordance with subsection (4)) that this number is a valid tax file number; or


(b) the student gives to the officer a certificate from the *Commissioner stating that the student has applied to the Commissioner asking the Commissioner to issue a tax file number to the student.

187-1(1AA)  


Compliance by a person with subsection (1) in relation to a *course of study is to be ignored in determining whether there has been compliance by the person with subsection (1) in relation to any other course of study.

187-1(1A)  


A student who accesses, or proposes to access, a unit of study through *Open Universities Australia, meets the tax file number requirements for assistance under Chapter 3 , except *SA-HELP assistance, if:


(a) the student notifies his or her *tax file number to:


(i) an *appropriate officer of Open Universities Australia; and

(ii) the *Secretary;
and Open Universities Australia is satisfied (in accordance with subsection (4)) that this number is a valid tax file number; or


(b) the student gives to the officer a certificate from the *Commissioner stating that the student has applied to the Commissioner asking the Commissioner to issue a tax file number to the student.

187-1(2)  
If the student is seeking *HECS-HELP assistance or *FEE-HELP assistance for a unit of study, he or she does not meet the tax file number requirements for the assistance unless he or she complies with subsection (1) or (1A) (as the case requires) on or before the *census date for the unit.

187-1(3)  


A notification under paragraph (1)(a) may be included in a *request for Commonwealth assistance, except a request for Commonwealth assistance relating to a *student services and amenities fee, that the student has given to the provider in relation to:


(a) the unit of study for which the assistance is sought; or


(b) the *course of study of which the unit forms a part; or


(c) any other unit of study forming part of that course.

187-1(3A)  


A notification under paragraph (1A)(a) may be included in a *request for Commonwealth assistance that the student has given to *Open Universities Australia in relation to the unit of study for which the assistance is sought. SA-HELP assistance

187-1(3B)  


A student who is enrolled, or proposes to enrol, with a higher education provider in a *course of study or *bridging course for overseas-trained professionals meets the tax file number requirements for *SA-HELP assistance if:


(a) the student notifies his or her *tax file number to:


(i) an *appropriate officer of the provider; and

(ii) the *Secretary;
and the provider is satisfied (in accordance with subsection (4)) that this number is a valid tax file number; or


(b) the student gives to the officer a certificate from the *Commissioner stating that the student has applied to the Commissioner asking the Commissioner to issue a tax file number to the student.

187-1(3C)  


Compliance by a person with subsection (3B) in relation to the person ' s actual or proposed enrolment in a *course of study or *bridging course for overseas-trained professionals is to be ignored in determining whether there has been compliance by the person with subsection (3B) in relation to the person ' s actual or proposed enrolment in another such course or bridging course.

187-1(3D)  


If the student is seeking *SA-HELP assistance for a *student services and amenities fee, he or she does not meet the tax file number requirements for the assistance unless he or she complies with subsection (3B) on or before the day the fee is payable.

187-1(3E)  


A notification under paragraph (3B)(a) may be included in any *request for Commonwealth assistance relating to a *student services and amenities fee imposed on the student in connection with his or her enrolment in the *course of study or *bridging course for overseas-trained professionals. Commissioner ' s role

187-1(4)  
The *Commissioner may issue guidelines about the circumstances in which:


(a) a higher education provider is to be, or is not to be, satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(a) or (3B)(a); and


(b) *Open Universities Australia is to be, or is not to be, satisfied that a number is a valid tax file number for the purposes of paragraph (1A)(a).

187-1(5)  


A certificate under paragraph (1)(b) or (3B)(b) must be in the *approved form.

187-1(6)  
A certificate under paragraph (1A)(b) must be in the *approved form.

Commissioner ' s guidelines are legislative instruments

187-1(7)  


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

 

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