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.
Note 1:
If a person ' s enrolment is cancelled under this section, the provider has certain payment obligations: see section 36-24B .
Note 2:
The person ' s HELP balance in relation to the unit is re-credited: see subsection 97-27(1) .
Hide history note
View history noteS 193-5(1) amended by No 64 of 2022, s 3 and Sch 4 item 14, by omitting " 90% of " after " to the unit, " from para (d), applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2023.
S 193-5(1) amended by No 93 of 2020, s 3 and Sch 4A item 10, by inserting " 90% of " in para (d), applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2021.
S 193-5(1) amended by No 76 of 2018, s 3 and Sch 3 items 62 and 63, by inserting " 1 " 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.
S 193-5(1) amended by No 169 of 2015, s 3 and Sch 3 item 8, by omitting " 90% of " before " his or her *student " from para (d), applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2017.
S 193-5(1) amended by No 178 of 2011, s 3 and Sch 2 item 12, by substituting " 90% " for " 80% " in para (d), applicable in relation to units of study whose census dates are on or after 1 January 2012.
S 193-5(1) amended by No 104 of 2011, s 3 and Sch 2 item 21, by substituting the note at the end for note 1 and 2, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 3-10 . Note 1 and 2 formerly read:
Note 1:
If the unit does not wholly consist of work experience in industry, the person ' s SLE in relation to the unit is re-credited: see section 79-25 .
Note 2:
If the unit wholly consists of work experience in industry, the provider has certain payment obligations: see section 36-23 .
193-5(2)
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.
S 193-5(5) amended by No 126 of 2015, s 3 and Sch 1 item 277, by omitting " for the purposes of the Legislative Instruments Act 2003 " , effective 5 March 2016.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
