Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 193.1

Requests for HECS-HELP assistance or FEE-HELP assistance--requirements on higher education providers

             (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.

             (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

          (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.

          (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.

          (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

             (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.

             (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

          (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.

          (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

             (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 90% 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.