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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Support Legislation
Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
(Education and Training)
A Bill for an Act to amend legislation relating to
student loans, and for other purposes
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Repayment thresholds
3
Part 1--General amendments
3
Higher Education Support Act 2003
3
Social Security Act 1991
6
Student Assistance Act 1973
7
Part 2--Amendments relating to indexation
9
Higher Education Support Act 2003
9
Part 3--Application and transitional provisions
11
Schedule 2--Order of repayment of debts
12
Part 1--Amendments
12
Social Security Act 1991
12
Student Assistance Act 1973
13
Trade Support Loans Act 2014
13
Part 2--Application provisions
14
Schedule 3--HELP loan limits etc.
15
Part 1--Amendments
15
Higher Education Support Act 2003
15
VET Student Loans Act 2016
35
Part 2--Application and transitional provisions
38
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
1
A Bill for an Act to amend legislation relating to
1
student loans, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Higher Education Support Legislation Amendment
5
(Student Loan Sustainability) Act 2018.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
Immediately after the commencement of
Schedule 1 to the Budget Savings (Omnibus)
Act 2016.
1 July 2018
3. Schedule 2
1 July 2019.
1 July 2019
4. Schedule 3
1 January 2019.
1 January 2019
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Repayment thresholds Schedule 1
General amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
3
Schedule 1--Repayment thresholds
1
Part 1--General amendments
2
Higher Education Support Act 2003
3
1 Paragraph 154-10(a)
4
Repeal the paragraph, substitute:
5
(a) for the 2018-19 income year--$44,999; or
6
2 Section 154-20 (table)
7
Repeal the table, substitute:
8
9
Applicable percentages
Item
If the person's repayment income is:
The percentage
applicable is:
1
More than the
*
minimum repayment income, but less
than:
(a) for the 2018-19
*
income year--$51,957; or
(b) for a later income year--that amount indexed under
section 154-25.
1%
2
More than or equal to the amount under item 1, but less
than:
(a) for the 2018-19
*
income year--$55,074; or
(b) for a later income year--that amount indexed under
section 154-25.
2%
3
More than or equal to the amount under item 2, but less
than:
(a) for the 2018-19
*
income year--$58,379; or
(b) for a later income year--that amount indexed under
section 154-25.
2.5%
4
More than or equal to the amount under item 3, but less
than:
(a) for the 2018-19
*
income year--$61,882; or
(b) for a later income year--that amount indexed under
section 154-25.
3%
Schedule 1 Repayment thresholds
Part 1 General amendments
4
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
Applicable percentages
Item
If the person's repayment income is:
The percentage
applicable is:
5
More than or equal to the amount under item 4, but less
than:
(a) for the 2018-19
*
income year--$65,595; or
(b) for a later income year--that amount indexed under
section 154-25.
3.5%
6
More than or equal to the amount under item 5, but less
than:
(a) for the 2018-19
*
income year--$69,530; or
(b) for a later income year--that amount indexed under
section 154-25.
4%
7
More than or equal to the amount under item 6, but less
than:
(a) for the 2018-19
*
income year--$73,702; or
(b) for a later income year--that amount indexed under
section 154-25.
4.5%
8
More than or equal to the amount under item 7, but less
than:
(a) for the 2018-19
*
income year--$78,124; or
(b) for a later income year--that amount indexed under
section 154-25.
5%
9
More than or equal to the amount under item 8, but less
than:
(a) for the 2018-19
*
income year--$82,812; or
(b) for a later income year--that amount indexed under
section 154-25.
5.5%
10
More than or equal to the amount under item 9, but less
than:
(a) for the 2018-19
*
income year--$87,780; or
(b) for a later income year--that amount indexed under
section 154-25.
6%
11
More than or equal to the amount under item 10, but less
than:
(a) for the 2018-19
*
income year--$93,047; or
(b) for a later income year--that amount indexed under
6.5%
Repayment thresholds Schedule 1
General amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
5
Applicable percentages
Item
If the person's repayment income is:
The percentage
applicable is:
section 154-25.
12
More than or equal to the amount under item 11, but less
than:
(a) for the 2018-19
*
income year--$98,630; or
(b) for a later income year--that amount indexed under
section 154-25.
7%
13
More than or equal to the amount under item 12, but less
than:
(a) for the 2018-19
*
income year--$104,548; or
(b) for a later income year--that amount indexed under
section 154-25.
7.5%
14
More than or equal to the amount under item 13, but less
than:
(a) for the 2018-19
*
income year--$110,821; or
(b) for a later income year--that amount indexed under
section 154-25.
8%
15
More than or equal to the amount under item 14, but less
than:
(a) for the 2018-19
*
income year--$117,470; or
(b) for a later income year--that amount indexed under
section 154-25.
8.5%
16
More than or equal to the amount under item 15, but less
than:
(a) for the 2018-19
*
income year--$124,518; or
(b) for a later income year--that amount indexed under
section 154-25.
9%
17
More than or equal to the amount under item 16, but less
than:
(a) for the 2018-19
*
income year--$131,989; or
(b) for a later income year--that amount indexed under
section 154-25.
9.5%
18
More than or equal to the amount under item 17.
10%
Schedule 1 Repayment thresholds
Part 1 General amendments
6
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
Social Security Act 1991
1
3 Section 1061ZZFD
2
Repeal the section, substitute:
3
1061ZZFD Amounts payable to the Commonwealth
4
(1) The amount that a person is liable to pay under section 1061ZZEZ,
5
in respect of:
6
(a) the 2019-20 income year; or
7
(b) a later income year;
8
is the amount worked out using the formula:
9
Applicable percentage
Relevant income-contingent
of repayment income
loans liability
ï€-
10
where:
11
applicable percentage of repayment income means an amount
12
equal to so much of the person's repayable debt for the income
13
year as does not exceed the percentage of the person's repayment
14
income worked out in respect of the income year using the table in
15
section 154-20 of the Higher Education Support Act 2003.
16
relevant income-contingent loans liability means the amount that
17
is the sum of any amounts the person is liable to pay under
18
section 154-1 or 154-16 of the Higher Education Support Act 2003
19
in respect of the income year.
20
(2) For the purposes of subsection (1), assume that the reference in the
21
table in section 154-20 of the Higher Education Support Act 2003
22
to the person's repayment income is a reference to the person's
23
repayment income within the meaning of section 1061ZZFA of
24
this Act.
25
(3) A person is not liable under this section to pay an amount for an
26
income year if the amount worked out under subsection (1) is zero
27
or less.
28
Repayment thresholds Schedule 1
General amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
7
Transitional--2018-19 income year
1
(4) The amount that a person is liable to pay under section 1061ZZEZ,
2
in respect of the 2018-19 income year, is an amount equal to so
3
much of the person's repayable debt for the income year as does
4
not exceed the percentage of the person's repayment income that is
5
applicable under the following table:
6
7
Applicable percentages
Item
If the person's repayment income for the 2018-19
income year is:
The percentage
applicable is:
1
More than $57,730, but less than $70,882
2%
2
$70,882 or more, but less than $100,614
3%
3
$100,614 or more
4%
4 Paragraph 1061ZZENA(b)
8
Omit ", except section 1061ZZFE".
9
5 Section 1061ZZFE
10
Repeal the section.
11
Student Assistance Act 1973
12
6 Section 12ZLC
13
Repeal the section, substitute:
14
12ZLC Amounts payable to the Commonwealth
15
(1) The amount that a person is liable to pay under section 12ZK, in
16
respect of:
17
(a) the 2019-20 income year; or
18
(b) a later income year;
19
is the amount worked out using the formula:
20
Applicable percentage
Relevant income-contingent
of repayment income
loans liability
ï€-
21
where:
22
Schedule 1 Repayment thresholds
Part 1 General amendments
8
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
applicable percentage of repayment income means an amount
1
equal to so much of the person's repayable debt for the income
2
year as does not exceed the percentage of the person's repayment
3
income worked out in respect of the income year using the table in
4
section 154-20 of the Higher Education Support Act 2003.
5
relevant income-contingent loans liability means the amount that
6
is the sum of any amounts the person is liable to pay under
7
section 154-1 or 154-16 of the Higher Education Support Act 2003
8
in respect of the income year.
9
(2) For the purposes of subsection (1), assume that the reference in the
10
table in section 154-20 of the Higher Education Support Act 2003
11
to the person's repayment income is a reference to the person's
12
repayment income within the meaning of section 12ZL of this Act.
13
(3) A person is not liable under this section to pay an amount for an
14
income year if the amount worked out under subsection (1) is zero
15
or less.
16
Transitional--2018-19 income year
17
(4) The amount that a person is liable to pay under section 12ZK, in
18
respect of the 2018-19 income year, is an amount equal to so much
19
of the person's repayable debt for the income year as does not
20
exceed the percentage of the person's repayment income that is
21
applicable under the following table:
22
23
Applicable percentages
Item
If the person's repayment income for the 2018-19
income year is:
The percentage
applicable is:
1
More than $57,730, but less than $70,882
2%
2
$70,882 or more, but less than $100,614
3%
3
$100,614 or more
4%
7 Section 12ZLD
24
Repeal the section.
25
Repayment thresholds Schedule 1
Amendments relating to indexation Part 2
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
9
Part 2--Amendments relating to indexation
1
Higher Education Support Act 2003
2
8 Section 140-15
3
Repeal the section.
4
9 Subsection 154-25(1)
5
Repeal the subsection, substitute:
6
(1) The following amounts for the 2019-20
*
income year, or a later
7
income year:
8
(a) the
*
minimum repayment income;
9
(b) the amounts referred to in paragraph (a) of the second
10
column of items 1 to 17 of the table in section 154-20;
11
are indexed by multiplying the corresponding amounts for the
12
2018-19 income year by the amount worked out using the formula:
13
The sum of the *index numbers for the *quarter ending on
31 December immediately before the income year
and the 3 quarters immediately preceding that quarter
The sum of the *index numbers for the *quarter ending on
31 December immediately before the 2018-19 income year
and the 3 quarters immediately preceding that quarter
14
10 Subsections 154-25(2) and (3)
15
Repeal the subsections.
16
11 Paragraph 154-30(b)
17
Omit "to 9", substitute "to 17".
18
12 Section 198-1 (note 1)
19
Omit "sections 140-10 and 140-15", substitute "section 140-10".
20
13 Subclause 1(1) of Schedule 1 (definition of AWE)
21
Repeal the definition.
22
Schedule 1 Repayment thresholds
Part 2 Amendments relating to indexation
10
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
14 Subclause 1(1) of Schedule 1 (paragraph (a) of the
1
definition of index number)
2
Repeal the paragraph, substitute:
3
(a) for the purposes of Parts 4-1 and 4-2, has the meaning given
4
by clause 2 of this Schedule; and
5
15 Subclause 1(1) of Schedule 1 (definition of reference
6
period)
7
Repeal the definition.
8
16 At the end of Schedule 1
9
Add:
10
2 Index numbers
11
(1) For the purposes of Parts 4-1 and 4-2, the index number for a
12
*
quarter is the All Groups Consumer Price Index number, being the
13
weighted average of the 8 capital cities, published by the
14
*
Australian Statistician in respect of that quarter.
15
(2) Subject to subclause (3), if, at any time before or after the
16
commencement of this clause:
17
(a) the
*
Australian Statistician has published or publishes an
18
*
index number in respect of a
*
quarter; and
19
(b) that index number is in substitution for an index number
20
previously published by the Australian Statistician in respect
21
of that quarter;
22
disregard the publication of the later index number for the purposes
23
of this clause.
24
(3) If, at any time before or after the commencement of this clause, the
25
*
Australian Statistician has changed or changes the index reference
26
period for the Consumer Price Index, then, in applying this clause
27
after the change took place or takes place, have regard only to
28
*
index numbers published in terms of the new index reference
29
period.
30
Repayment thresholds Schedule 1
Application and transitional provisions Part 3
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
11
Part 3--Application and transitional provisions
1
17 Application of amendments
2
(1)
The amendments made by Part 1 of this Schedule apply in relation to
3
the 2018-19 income year and later income years.
4
(2)
The amendments made by Part 2 of this Schedule apply in relation to
5
the 2019-20 income year and later income years.
6
18 Transitional
--indexation
7
Despite anything in repealed subsection 154-25(1) of the Higher
8
Education Support Act 2003 (as that subsection applies to the 2018-19
9
income year), an amount referred to in paragraph (a) or (b) of that
10
subsection is not to be indexed for the 2018-19 income year.
11
Schedule 2 Order of repayment of debts
Part 1 Amendments
12
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
Schedule 2--Order of repayment of debts
1
Part 1--Amendments
2
Social Security Act 1991
3
1 Subsection 1061ZVHA(1)
4
Repeal the subsection, substitute:
5
(1) If:
6
(a) a person's HELP repayment income for an income year
7
exceeds the minimum HELP repayment income for the
8
income year; and
9
(b) on 1 June immediately preceding the making of an
10
assessment in respect of the person's income of that income
11
year, the person had an accumulated SSL debt;
12
the person is liable to pay to the Commonwealth, in accordance
13
with this Division, so much of the person's repayable SSL debt for
14
the income year as does not exceed the amount worked out using
15
the formula:
16
Applicable percentage
Relevant income-contingent
of repayment income
loans liability
ï€-
17
where:
18
applicable percentage of repayment income means the amount
19
that is the percentage of the person's HELP repayment income
20
applicable under the table in section 154-20 of the Higher
21
Education Support Act 2003.
22
relevant income-contingent loans liability means the amount that
23
is the sum of the following:
24
(a) the sum of any amounts the person is liable to pay under
25
section 154-1 or 154-16 of the Higher Education Support Act
26
2003 in respect of the income year;
27
(b) the sum of any amounts the person is liable to pay under
28
section 1061ZZEZ of this Act, or section 12ZK of the
29
Student Assistance Act 1973, in respect of the income year.
30
Order of repayment of debts Schedule 2
Amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
13
Student Assistance Act 1973
1
2 Subsection 10F(1) (definition of relevant income-contingent
2
loans liability)
3
Repeal the definition, substitute:
4
relevant income-contingent loans liability means the amount that
5
is the sum of the following:
6
(a) the sum of any amounts the person is liable to pay under
7
section 154-1 or 154-16 of the Higher Education Support Act
8
2003 in respect of the income year;
9
(b) the sum of any amounts the person is liable to pay under
10
section 1061ZZEZ of the Social Security Act 1991, or
11
section 12ZK of this Act, in respect of the income year;
12
(c) any amount the person is liable to pay under
13
section 1061ZVHA of the Social Security Act 1991 in respect
14
of the income year.
15
Trade Support Loans Act 2014
16
3 Subsection 46(1) (definition of relevant income-contingent
17
loans liability)
18
Repeal the definition, substitute:
19
relevant income-contingent loans liability means the amount that
20
is the sum of the following:
21
(a) the sum of any amounts the person is liable to pay under
22
section 154-1 or 154-16 of the Higher Education Support Act
23
2003 in respect of the income year;
24
(b) the sum of any amounts the person is liable to pay under
25
section 1061ZZEZ of the Social Security Act 1991, or
26
section 12ZK of the Student Assistance Act 1973, in respect
27
of the income year;
28
(c) any amount the person is liable to pay under
29
section 1061ZVHA of the Social Security Act 1991 in respect
30
of the income year;
31
(d) any amount the person is liable to pay under section 10F of
32
the Student Assistance Act 1973 in respect of the income
33
year.
34
Schedule 2 Order of repayment of debts
Part 2 Application provisions
14
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
Part 2--Application provisions
1
4 Application of amendments
2
The amendments made by this Schedule apply in relation to the
3
2019-20 income year and later income years.
4
HELP loan limits etc. Schedule 3
Amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
15
Schedule 3--HELP loan limits etc.
1
Part 1--Amendments
2
Higher Education Support Act 2003
3
1 Subsection 36-21(2) (note)
4
Omit "subsection 104-30(2) (re-crediting a person's FEE-HELP
5
balance)", substitute "subsections 97-30(2) and 104-30(2) (re-crediting
6
a person's HELP balance)".
7
2 After paragraph 90-1(b)
8
Insert:
9
(ba) the student's
*
HELP balance is greater than zero; and
10
3 At the end of section 90-1
11
Add:
12
Note:
For transitional provisions relating to paragraph (ba), see Part 2 of
13
Schedule 3 to the Higher Education Support Legislation Amendment
14
(Student Loan Sustainability) Act 2018.
15
4 At the end of section 93-1
16
Add:
17
Note:
A lesser amount may be payable because of section 93-20.
18
5 At the end of Division 93
19
Add:
20
93-20 Amounts of HECS-HELP assistance, FEE-HELP assistance
21
and VET FEE-HELP assistance must not exceed the
22
HELP balance
23
Amount of HECS-HELP assistance for one unit
24
(1) The amount of
*
HECS-HELP assistance to which a student is
25
entitled for a unit of study is an amount equal to the student's
26
*
HELP balance on the
*
census date for the unit if:
27
Schedule 3 HELP loan limits etc.
Part 1 Amendments
16
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
(a) there is no other:
1
(i) unit of study, with the same census date, for which the
2
student is entitled to
*
HECS-HELP assistance; or
3
(ii) unit of study, with the same census date, for which the
4
student is entitled to
*
FEE-HELP assistance; or
5
(iii)
*
VET unit of study, with the same census date, for
6
which the student is entitled to
*
VET FEE-HELP
7
assistance; and
8
(b) the amount of HECS-HELP assistance to which the student
9
would be entitled under section 93-1 for the unit would
10
exceed that HELP balance.
11
Note 1:
For transitional provisions relating to subparagraph (a)(i), see Part 2 of
12
Schedule 3 to the Higher Education Support Legislation Amendment
13
(Student Loan Sustainability) Act 2018.
14
Note 2:
The amount of a
*
VET student loan is limited by reference to the
15
student's HELP balance--see sections 8 and 20 of the VET Student
16
Loans Act 2016. The student's HELP balance is reduced by the
17
amount of any VET student loans that have previously been payable to
18
the student--see section 128-15.
19
Amount of HECS-HELP assistance for more than one unit
20
(2) If the sum of:
21
(a) the amount of
*
HECS-HELP assistance to which a student
22
would be entitled under section 93-1 for a unit of study; and
23
(b) any other amounts of:
24
(i) HECS-HELP assistance to which the student would be
25
entitled under that section for other units that have the
26
same
*
census date as that unit; and
27
(ii)
*
FEE-HELP assistance to which the student would be
28
entitled under section 107-1 for other units that have the
29
same census date as that unit; and
30
(iii)
*
VET FEE-HELP assistance to which the student would
31
be entitled under clause 52 of Schedule 1A for other
32
units that have the same census date as that unit;
33
would exceed the student's
*
HELP balance on the census date for
34
the unit, then, despite subsection (1) of this section, the total
35
amount of HECS-HELP assistance, FEE-HELP assistance and
36
HELP loan limits etc. Schedule 3
Amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
17
VET FEE-HELP assistance to which the student is entitled for all
1
of those units is an amount equal to that HELP balance.
2
Example: Kate has a HELP balance of $2,000, and is enrolled in 4 units with the
3
same census date. The student contribution amount for each unit is
4
$600. There are no up-front payments for the units. The total amount
5
of HECS-HELP assistance to which Kate is entitled for the units is
6
$2,000, even though the total amount of the student contribution
7
amounts for the units is $2,400.
8
Note 1:
For transitional provisions relating to subparagraph (b)(i), see Part 2 of
9
Schedule 3 to the Higher Education Support Legislation Amendment
10
(Student Loan Sustainability) Act 2018.
11
Note 2:
The amount of a
*
VET student loan is limited by reference to the
12
student's HELP balance--see sections 8 and 20 of the VET Student
13
Loans Act 2016. The student's HELP balance is reduced by the
14
amount of any VET student loans that have previously been payable to
15
the student--see section 128-15.
16
(3) If the student referred to in subsection (2) has enrolled in the units
17
with more than one higher education provider or
*
VET provider,
18
the student must notify each provider of the proportion of the total
19
amount of
*
HECS-HELP assistance,
*
FEE-HELP assistance or
20
*
VET FEE-HELP assistance that is to be payable in relation to the
21
units in which the student has enrolled with that provider.
22
6 At the end of Part 3-2
23
Add:
24
Division 97--Re-crediting of HELP balances in relation to
25
HECS-HELP assistance
26
97-23 Purpose
27
The purpose of this Division is to set out the circumstances in
28
which a person's
*
HELP balance is to be re-credited with an
29
amount equal to the amounts of
*
HECS-HELP assistance that the
30
person has received for a unit of study.
31
Note:
For transitional provisions relating to this Division, see Part 2 of
32
Schedule 3 to the Higher Education Support Legislation Amendment
33
(Student Loan Sustainability) Act 2018.
34
Schedule 3 HELP loan limits etc.
Part 1 Amendments
18
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
97-25 Main case of re-crediting a person's HELP balance in relation
1
to HECS-HELP assistance
2
(1) If section 97-42 applies to re-credit a person's
*
HELP balance with
3
an amount equal to the amounts of
*
HECS-HELP assistance that
4
the person has received for a unit of study, then this section does
5
not apply in relation to that unit.
6
(2) A higher education provider must, on the
*
Secretary's behalf,
7
re-credit a person's
*
HELP balance with an amount equal to the
8
amounts of
*
HECS-HELP assistance that the person received for a
9
unit of study if:
10
(a) the person has been enrolled in the unit with the provider;
11
and
12
(b) the person has not completed the requirements for the unit
13
during the period during which the person undertook, or was
14
to undertake, the unit; and
15
(c) the provider is satisfied that special circumstances apply to
16
the person (see section 97-30); and
17
(d) the person applies in writing to the provider for re-crediting
18
of the HELP balance; and
19
(e) either:
20
(i) the application is made before the end of the application
21
period under section 97-35; or
22
(ii) the provider waives the requirement that the application
23
be made before the end of that period, on the ground
24
that it would not be, or was not, possible for the
25
application to be made before the end of that period.
26
(3) If the higher education provider is unable to act for one or more of
27
the purposes of subsection (2), or section 97-30, 97-35 or 97-40,
28
the
*
Secretary may act as if one or more of the references in those
29
provisions to the provider were a reference to the Secretary.
30
97-27 Re-crediting a person's HELP balance in relation to
31
HECS-HELP assistance--no tax file number
32
(1) A higher education provider must, on the
*
Secretary's behalf,
33
re-credit a person's
*
HELP balance with an amount equal to the
34
HELP loan limits etc. Schedule 3
Amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
19
amounts of
*
HECS-HELP assistance that the person received for a
1
unit of study if:
2
(a) the person has been enrolled in the unit with the provider;
3
and
4
(b) subsection 193-5(1) applies to the person in relation to the
5
unit.
6
(2) The
*
Secretary may re-credit the person's
*
HELP balance under
7
subsection (1) if the provider is unable to do so.
8
97-30 Special circumstances
9
(1) For the purposes of paragraph 97-25(2)(c), special circumstances
10
apply to the person if, and only if, the higher education provider
11
receiving the application is satisfied that circumstances apply to the
12
person that:
13
(a) are beyond the person's control; and
14
(b) do not make their full impact on the person until on or after
15
the
*
census date for the unit of study in question; and
16
(c) make it impracticable for the person to complete the
17
requirements for the unit in the period during which the
18
person undertook, or was to undertake, the unit.
19
(2) If the Administration Guidelines specify circumstances in which a
20
higher education provider will be satisfied of a matter referred to in
21
paragraph 36-21(1)(a), (b) or (c), any decision of a higher
22
education provider under this section must be in accordance with
23
any such guidelines.
24
Note:
The matters referred to in paragraphs 36-21(1)(a), (b) and (c) (which
25
relate to special circumstances that apply to repaying an amount of
26
student contribution or HECS-HELP) are identical to the matters
27
referred to in paragraphs (1)(a), (b) and (c) of this section.
28
97-35 Application period
29
(1) If:
30
(a) the person applying under paragraph 97-25(2)(d) for the
31
re-crediting of the person's
*
HELP balance in relation to a
32
unit of study has withdrawn his or her enrolment in the unit;
33
and
34
Schedule 3 HELP loan limits etc.
Part 1 Amendments
20
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
(b) the higher education provider gives notice to the person that
1
the withdrawal has taken effect;
2
the application period for the application is the period of 12 months
3
after the day specified in the notice as the day the withdrawal takes
4
effect.
5
(2) If subsection (1) does not apply, the application period for the
6
application is the period of 12 months after the period during
7
which the person undertook, or was to undertake, the unit.
8
97-40 Dealing with applications
9
(1) If:
10
(a) the application is made under paragraph 97-25(2)(d) before
11
the end of the relevant application period; or
12
(b) the higher education provider waives the requirement that the
13
application be made before the end of that period, on the
14
ground that it would not be, or was not, possible for the
15
application to be made before the end of that period;
16
the provider must, as soon as practicable, consider the matter to
17
which the application relates and notify the applicant of the
18
decision on the application.
19
(2) The notice must include a statement of the reasons for the decision.
20
Note:
Refusals of applications are reviewable under Part 5-7.
21
97-42 Re-crediting a person's HELP balance in relation to
22
HECS-HELP assistance--provider ceases to provide
23
course of which unit forms part
24
(1) A higher education provider must, on the
*
Secretary's behalf,
25
re-credit a person's
*
HELP balance with an amount equal to the
26
amounts of
*
HECS-HELP assistance that the person received for a
27
unit of study if:
28
(a) the person has been enrolled in the unit with the provider;
29
and
30
(b) the person has not completed the requirements for the unit
31
during the period during which the person undertook, or was
32
to undertake, the unit because the provider ceased to provide
33
HELP loan limits etc. Schedule 3
Amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
21
the unit as a result of ceasing to provide the course of which
1
the unit formed part; and
2
(c) the
*
tuition assurance requirements applied to the provider at
3
the time the provider ceased to provide the unit; and
4
(d) the person chose the option designated under the tuition
5
assurance requirements as student contribution/tuition fee
6
repayment in relation to the unit.
7
Note:
A HECS-HELP debt relating to a unit of study will be remitted if the
8
HELP balance in relation to the unit is re-credited: see
9
subsection 137-5(5).
10
(2) The
*
Secretary may re-credit the person's
*
HELP balance under
11
subsection (1) if the provider is unable to do so.
12
7 Paragraph 104-1(1)(b)
13
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
14
8 Subdivision 104-B (heading)
15
Repeal the heading, substitute:
16
Subdivision 104-B--Re-crediting HELP balances in relation to
17
FEE-HELP assistance
18
9 Sections 104-15 and 104-20
19
Repeal the sections.
20
10 Section 104-25 (heading)
21
Repeal the heading, substitute:
22
104-25 Main case of re-crediting a person's HELP balance in
23
relation to FEE-HELP assistance
24
11 Subsections 104-25(1A) and (1)
25
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
26
12 Paragraph 104-25(1)(d)
27
Omit "FEE-HELP balance", substitute "HELP balance".
28
Schedule 3 HELP loan limits etc.
Part 1 Amendments
22
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
13 Subsection 104-25(2)
1
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
2
14 Paragraph 104-25(2)(d)
3
Omit "FEE-HELP balance", substitute "HELP balance".
4
15 Subsection 104-25(2) (note)
5
Omit "FEE-HELP balance", substitute "HELP balance".
6
16 Subsection 104-25(3)
7
Omit "or (2)".
8
17 At the end of section 104-25
9
Add:
10
(4) If
*
Open Universities Australia is unable to act for one or more of
11
the purposes of subsection (2), or section 104-30, 104-35 or
12
104-40, the
*
Secretary may act as if one or more of the references
13
in those provisions to Open Universities Australia were a reference
14
to the Secretary.
15
18 Section 104-27 (heading)
16
Repeal the heading, substitute:
17
104-27 Re-crediting a person's HELP balance in relation to
18
FEE-HELP assistance--no tax file number
19
19 Subsections 104-27(1) and (2)
20
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
21
20 Subsection 104-27(2) (note)
22
Omit "FEE-HELP balance", substitute "HELP balance".
23
21 Subsection 104-27(3)
24
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
25
22 Paragraphs 104-35(1)(a) and (1A)(a)
26
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
27
HELP loan limits etc. Schedule 3
Amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
23
23 Section 104-42 (heading)
1
Repeal the heading, substitute:
2
104-42 Re-crediting a person's HELP balance in relation to
3
FEE-HELP assistance if provider ceases to provide course
4
of which unit forms part
5
24 Subsection 104-42(1)
6
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
7
25 Subsection 104-42(1) (note)
8
Omit "FEE-HELP balance", substitute "HELP balance".
9
26 Subsection 104-42(2)
10
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
11
27 Section 104-43 (heading)
12
Repeal the heading, substitute:
13
104-43 Re-crediting a person's HELP balance in relation to
14
FEE-HELP assistance if not a genuine student
15
28 Subsection 104-43(1)
16
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
17
29 Subsection 104-43(1) (note)
18
Omit "FEE-HELP balance", substitute "HELP balance".
19
30 Subsection 104-43(2)
20
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
21
31 Section 104-44 (heading)
22
Repeal the heading, substitute:
23
Schedule 3 HELP loan limits etc.
Part 1 Amendments
24
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
104-44 Re-crediting a person's HELP balance in relation to
1
FEE-HELP assistance if provider completes request for
2
assistance etc.
3
32 Subsection 104-44(1)
4
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
5
33 Subsection 104-44(1) (note)
6
Omit "FEE-HELP balance", substitute "HELP balance".
7
34 Subsections 104-44(2), (3) and (4)
8
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
9
35 Section 107-10 (heading)
10
Repeal the heading, substitute:
11
107-10 Amounts of FEE-HELP assistance, HECS-HELP assistance
12
and VET FEE-HELP assistance must not exceed the
13
HELP balance
14
36 Subsection 107-10(1)
15
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
16
37 After subparagraph 107-10(1)(a)(i)
17
Insert:
18
(ia) unit of study, with the same census date, for which the
19
student is entitled to HECS-HELP assistance; or
20
38 Paragraph 107-10(1)(b)
21
Omit "that FEE-HELP balance", substitute "that HELP balance".
22
39 At the end of subsection 107-10(1)
23
Add:
24
Note 1:
For transitional provisions relating to subparagraph (a)(ia), see Part 2
25
of Schedule 3 to the Higher Education Support Legislation
26
Amendment (Student Loan Sustainability) Act 2018.
27
HELP loan limits etc. Schedule 3
Amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
25
Note 2:
The amount of a
*
VET student loan is limited by reference to the
1
student's HELP balance--see sections 8 and 20 of the VET Student
2
Loans Act 2016. The student's HELP balance is reduced by the
3
amount of any VET student loans that have previously been payable to
4
the student--see section 128-15.
5
40 After subparagraph 107-10(2)(b)(i)
6
Insert:
7
(ia)
*
HECS-HELP assistance to which the student would be
8
entitled under section 93-1 for other units that have the
9
same census date as that unit; and
10
41 Subsection 107-10(2)
11
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
12
42 Subsection 107-10(2)
13
After "of FEE-HELP assistance", insert ", HECS-HELP assistance".
14
43 Subsection 107-10(2)
15
Omit "that FEE-HELP balance", substitute "that HELP balance".
16
44 Subsection 107-10(2) (example)
17
Omit "FEE-HELP balance", substitute "HELP balance".
18
45 At the end of subsection 107-10(2)
19
Add:
20
Note 1:
For transitional provisions relating to subparagraph (b)(ia), see Part 2
21
of Schedule 3 to the Higher Education Support Legislation
22
Amendment (Student Loan Sustainability) Act 2018.
23
Note 2:
The amount of a
*
VET student loan is limited by reference to the
24
student's HELP balance--see sections 8 and 20 of the VET Student
25
Loans Act 2016. The student's HELP balance is reduced by the
26
amount of any VET student loans that have previously been payable to
27
the student--see section 128-15.
28
46 Subsection 107-10(3)
29
After "of
*
FEE-HELP assistance", insert ",
*
HECS-HELP assistance".
30
Schedule 3 HELP loan limits etc.
Part 1 Amendments
26
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
47 Paragraph 107-10(4)(b)
1
After "of FEE-HELP assistance", insert ",
*
HECS-HELP assistance".
2
48 Section 110-5 (heading)
3
Repeal the heading, substitute:
4
110-5 Effect of HELP balance being re-credited
5
49 Subsection 110-5(1)
6
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
7
50 Subsection 110-5(1) (note)
8
Omit "FEE-HELP balance", substitute "HELP balance".
9
51 Paragraph 110-5(1A)(a)
10
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
11
52 Paragraph 110-5(1A)(a)
12
Omit "a person's FEE-HELP balance", substitute "a person's HELP
13
balance".
14
53 Subsections 110-5(1B) and (2)
15
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
16
54 At the end of Chapter 3
17
Add:
18
Part 3-6--HELP balances
19
20
128-7 What this Part is about
21
A person's HELP balance at a particular time is worked out by
22
reference to:
23
(a)
the HELP loan limit in relation to the person at the time;
24
and
25
HELP loan limits etc. Schedule 3
Amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
27
(b)
the amounts of HECS-HELP assistance, FEE-HELP
1
assistance, VET FEE-HELP assistance and VET student
2
loans that that have previously been payable to the
3
person.
4
128-15 HELP balances
5
(1) A person's HELP balance at a particular time is:
6
(a) if the
*
HELP loan limit in relation to the person at the time
7
exceeds the sum of all of the amounts of:
8
(i)
*
HECS-HELP assistance that has previously been
9
payable to the person; and
10
(ii)
*
FEE-HELP assistance that has previously been payable
11
to the person; and
12
(iii)
*
VET FEE-HELP assistance that has previously been
13
payable to the person; and
14
(iv)
*
VET student loans that have previously been payable
15
to the person;
16
being that sum as reduced by any amounts previously
17
re-credited to the person's HELP balance under Division 97
18
of this Act, Subdivision 104-B of this Act, Subdivision 7-B
19
of Schedule 1A to this Act or Part 6 of the VET Student
20
Loans Act 2016--that excess; and
21
(b) otherwise--zero.
22
Note 1:
If an amount is to be re-credited to a HELP balance, the balance that is
23
to be re-credited is worked out immediately before that re-crediting.
24
The balance is worked out after the re-crediting by taking account of
25
the amount re-credited. If a person's HELP loan limit has been
26
reduced, the balance might not increase, or might not increase by the
27
same amount as the amount re-credited.
28
Note 2:
For transitional provisions relating to this section, see Part 2 of
29
Schedule 3 to the Higher Education Support Legislation Amendment
30
(Student Loan Sustainability) Act 2018. Those transitional provisions
31
mean that subparagraph (1)(a)(i) does not apply in relation to a unit of
32
study if the census date for the unit is before 1 January 2019.
33
(2) For the purposes of paragraph (1)(a), it is immaterial whether
34
amounts of
*
HECS-HELP assistance,
*
FEE-HELP assistance,
35
Schedule 3 HELP loan limits etc.
Part 1 Amendments
28
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
*
VET FEE-HELP assistance and
*
VET student loans have been
1
repaid.
2
(3) Subsection (2) is enacted for the avoidance of doubt.
3
128-20 HELP loan limit
4
The HELP loan limit is:
5
(a) $104,440; or
6
(b) in relation to a person who is enrolled in a
*
course of study in
7
medicine, a
*
course of study in dentistry or a
*
course of study
8
in veterinary science, while the person is enrolled in that
9
course--$150,000.
10
Note:
The HELP loan limit is indexed under Part 5-6.
11
55 At the end of section 137-5
12
Add:
13
(5) A person's
*
HECS-HELP debt in relation to a unit of study is taken
14
to be remitted if the person's
*
HELP balance is re-credited under
15
section 97-25, 97-27 or 97-42 in relation to the unit.
16
Note:
The debt is taken to be remitted even if the person's HELP balance is
17
not increased by an amount equal to the amount re-credited.
18
56 Subsection 137-10(4)
19
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
20
57 Subsection 137-10(4) (note)
21
Omit "FEE-HELP balance", substitute "HELP balance".
22
58 Subsection 137-18(4)
23
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
24
59 Subsection 137-18(4) (note)
25
Omit "FEE-HELP balance", substitute "HELP balance".
26
60 Subsection 137-18(5)
27
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
28
HELP loan limits etc. Schedule 3
Amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
29
61 Subsection 137-19(4)
1
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
2
62 Subsection 193-5(1) (note)
3
After "Note", insert "1".
4
63 At the end of subsection 193-5(1)
5
Add:
6
Note 2:
The person's HELP balance in relation to the unit is re-credited: see
7
subsection 97-27(1).
8
64 Subsection 193-10(1) (note)
9
Omit "FEE-HELP balance", substitute "HELP balance".
10
65 Subsection 193-10(2) (note)
11
Omit "FEE-HELP balance", substitute "HELP balance".
12
66 Subsection 198-5(1) (table item 4)
13
Repeal the item, substitute:
14
15
4
The
*
HELP loan limit
Section 128-20
67 Section 206-1 (after table item 1A)
16
Insert:
17
1B
Refusal to re-credit a
person's
*
HELP
balance
subsection 97-25(2)
(a) the higher education
provider with
whom the student is
enrolled in the unit;
or
(b) if the
*
Secretary
made the decision
to refuse the
re-crediting--the
Secretary
68 Section 206-1 (cell at table item 2, column headed
18
"Decision")
19
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
20
Schedule 3 HELP loan limits etc.
Part 1 Amendments
30
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
69 Section 206-1 (cell at table item 2A, column headed
1
"Decision")
2
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
3
70 Section 206-1 (note 1)
4
After "1A", insert ", 1B".
5
71 Paragraph 39GD(d) of Schedule 1A
6
Omit "FEE-HELP balances", substitute "
*
HELP balances".
7
72 Paragraph 43(1)(b) of Schedule 1A
8
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
9
73 Subdivision 7-B of Schedule 1A (heading)
10
Repeal the heading, substitute:
11
Subdivision 7-B--Re-crediting HELP balances in relation to
12
VET FEE-HELP assistance
13
74 Clause 46 of Schedule 1A (heading)
14
Repeal the heading, substitute:
15
46 Main case of re-crediting a person's HELP balance in relation to
16
VET FEE-HELP assistance
17
75 Subclause 46(1) of Schedule 1A
18
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
19
76 Subclause 46(1) of Schedule 1A (note)
20
Repeal the note, substitute:
21
Note:
For HELP balance, see section 128-15, and for HELP loan limit, see
22
section 128-20.
23
77 Subclause 46(2) of Schedule 1A
24
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
25
HELP loan limits etc. Schedule 3
Amendments Part 1
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
31
78 Paragraph 46(2)(d) of Schedule 1A
1
Omit "FEE-HELP balance", substitute "HELP balance".
2
79 Subclause 46(2) of Schedule 1A (note)
3
Omit "FEE-HELP balance", substitute "HELP balance".
4
80 Clause 46A of Schedule 1A (heading)
5
Repeal the heading, substitute:
6
46A Re-crediting a person's HELP balance in relation to VET
7
FEE-HELP assistance--unacceptable conduct by
8
provider or provider's agent
9
81 Subclause 46A(1) of Schedule 1A
10
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
11
82 Paragraph 46A(1)(d) of Schedule 1A
12
Omit "FEE-HELP balance", substitute "HELP balance".
13
83 Subclause 46A(1) of Schedule 1A (note)
14
Omit "FEE-HELP balance", substitute "HELP balance".
15
84 Subparagraph 46A(3)(c)(ii) of Schedule 1A
16
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
17
85 Clause 46B of Schedule 1A (heading)
18
Repeal the heading, substitute:
19
46B Re-crediting a person's HELP balance in relation to VET
20
FEE-HELP assistance--VET FEE-HELP account in
21
deficit at the end of a calendar year
22
86 Subclauses 46B(1), (3) and (4) of Schedule 1A
23
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
24
87 Clause 47 of Schedule 1A (heading)
25
Repeal the heading, substitute:
26
Schedule 3 HELP loan limits etc.
Part 1 Amendments
32
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
47 Re-crediting a person's HELP balance--no tax file number
1
88 Subclause 47(1) of Schedule 1A
2
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
3
89 Subclause 47(1) of Schedule 1A (note)
4
Omit "FEE-HELP balance", substitute "HELP balance".
5
90 Subclause 47(2) of Schedule 1A
6
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
7
91 Paragraph 49(1)(a) of Schedule 1A
8
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
9
92 Clause 51 of Schedule 1A (heading)
10
Repeal the heading, substitute:
11
51 Re-crediting a person's HELP balance in relation to VET
12
FEE-HELP assistance if provider ceases to provide course
13
of which unit forms part
14
93 Subclause 51(1) of Schedule 1A
15
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
16
94 Subclause 51(1) of Schedule 1A (note)
17
Omit "FEE-HELP balance", substitute "HELP balance".
18
95 Subclause 51(2) of Schedule 1A
19
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
20
96 Clause 51A of Schedule 1A
21
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
22
97 Clause 54 of Schedule 1A (heading)
23
Repeal the heading, substitute:
24
HELP loan limits etc. Schedule 3
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54 Amounts of VET FEE-HELP assistance, HECS-HELP assistance
1
and FEE-HELP assistance must not exceed the HELP
2
balance
3
98 Subclause 54(1) of Schedule 1A
4
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
5
99 After subparagraph 54(1)(a)(i) of Schedule 1A
6
Insert:
7
(ia) unit of study, with the same census date, for which the
8
student is entitled to
*
HECS-HELP assistance; or
9
100 Paragraph 54(1)(b) of Schedule 1A
10
Omit "that FEE-HELP balance", substitute "that HELP balance".
11
101 At the end of subclause 54(1) of Schedule 1A
12
Add:
13
Note 1:
For transitional provisions relating to subparagraph (a)(ia), see Part 2
14
of Schedule 3 to the Higher Education Support Legislation
15
Amendment (Student Loan Sustainability) Act 2018.
16
Note 2:
The amount of a
*
VET student loan is limited by reference to the
17
student's HELP balance--see sections 8 and 20 of the VET Student
18
Loans Act 2016. The student's HELP balance is reduced by the
19
amount of any VET student loans that have previously been payable to
20
the student--see section 128-15.
21
102 After subparagraph 54(2)(b)(i) of Schedule 1A
22
Insert:
23
(ia)
*
HECS-HELP assistance to which the student would be
24
entitled under section 93-1 for other units that have the
25
same census date as that unit; and
26
103 Subparagraph 54(2)(b)(ii) of Schedule 1A
27
Omit "clause 52", substitute "section 107-1".
28
104 Subclause 54(2) of Schedule 1A
29
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
30
Schedule 3 HELP loan limits etc.
Part 1 Amendments
34
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
105 Subclause 54(2) of Schedule 1A
1
After "of VET FEE-HELP assistance", insert ", HECS-HELP
2
assistance".
3
106 Subclause 54(2) of Schedule 1A
4
Omit "that FEE-HELP balance", substitute "that HELP balance".
5
107 Subclause 54(2) of Schedule 1A (example)
6
Omit "FEE-HELP balance", substitute "HELP balance".
7
108 At the end of subclause 54(2) of Schedule 1A
8
Add:
9
Note 1:
For transitional provisions relating to subparagraph (b)(ia), see Part 2
10
of Schedule 3 to the Higher Education Support Legislation
11
Amendment (Student Loan Sustainability) Act 2018.
12
Note 2:
The amount of a
*
VET student loan is limited by reference to the
13
student's HELP balance--see sections 8 and 20 of the VET Student
14
Loans Act 2016. The student's HELP balance is reduced by the
15
amount of any VET student loans that have previously been payable to
16
the student--see section 128-15.
17
109 Subclause 54(3) of Schedule 1A
18
After "of
*
VET FEE-HELP assistance", insert ",
*
HECS-HELP
19
assistance".
20
110 Clause 56 of Schedule 1A (heading)
21
Repeal the heading, substitute:
22
56 Effect of HELP balance being re-credited
23
111 Subclause 56(1) of Schedule 1A
24
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
25
112 Subclause 56(1) of Schedule 1A (note)
26
Omit "FEE-HELP balance", substitute "HELP balance".
27
113 Paragraph 56(2)(a) of Schedule 1A
28
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
29
HELP loan limits etc. Schedule 3
Amendments Part 1
No. , 2018
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Sustainability) Bill 2018
35
114 Paragraph 56(2)(a) of Schedule 1A
1
Omit "re-crediting a person's FEE-HELP balance", substitute
2
"re-crediting a person's HELP balance".
3
115 Subclause 56(3) of Schedule 1A
4
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
5
116 Subclause 89(1) of Schedule 1A (note)
6
Omit "FEE-HELP balance", substitute "HELP balance".
7
117 Clause 91 of Schedule 1A (cell at table item 1, column
8
headed "Decision")
9
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
10
118 Clause 91 of Schedule 1A (cell at table item 2, column
11
headed "Decision")
12
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
13
119 Clause 91 of Schedule 1A (cell at table item 3, column
14
headed "Decision")
15
Omit "
*
FEE-HELP balance", substitute "
*
HELP balance".
16
120 Subclause 1(1) of Schedule 1 (definitions of FEE-HELP
17
balance and FEE-HELP limit)
18
Repeal the definitions.
19
121 Subclause 1(1) of Schedule 1
20
Insert:
21
HELP balance has the meaning given by section 128-15.
22
HELP loan limit has the meaning given by section 128-20.
23
VET Student Loans Act 2016
24
122 Section 5
25
Omit "FEE-HELP balance", substitute "HELP balance".
26
Schedule 3 HELP loan limits etc.
Part 1 Amendments
36
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
123 Section 6 (definition of FEE-HELP balance)
1
Repeal the definition.
2
124 Section 6
3
Insert:
4
HELP balance has the same meaning as in the Higher Education
5
Support Act 2003.
6
125 Paragraph 8(b)
7
Omit "FEE-HELP balance", substitute "HELP balance".
8
126 Paragraph 20(e)
9
Omit "FEE-HELP balance", substitute "HELP balance".
10
127 Paragraph 22(1)(b)
11
Omit "FEE-HELP balance", substitute "HELP balance".
12
128 Subsection 22(1) (note 1)
13
Omit "FEE-HELP balances", substitute "HELP balances".
14
129 Subsection 22(1) (note 2)
15
Omit "FEE-HELP balance", substitute "HELP balance".
16
130 Paragraphs 23(a) and (b)
17
Omit "FEE-HELP balance", substitute "HELP balance".
18
131 Part 6 (heading)
19
Repeal the heading, substitute:
20
Part 6--Re-crediting HELP balances
21
132 Section 67 (note)
22
Omit "FEE-HELP balance", substitute "HELP balance".
23
133 Subsection 68(1)
24
Omit "FEE-HELP balance", substitute "HELP balance".
25
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37
134 Paragraph 68(5)(a)
1
Omit "FEE-HELP balance", substitute "HELP balance".
2
135 Subsections 69(1) and (3)
3
Omit "FEE-HELP balance", substitute "HELP balance".
4
136 Section 70
5
Omit "FEE-HELP balance", substitute "HELP balance".
6
137 Section 71 (heading)
7
Repeal the heading, substitute:
8
71 When Secretary may re-credit HELP balance
9
138 Subsections 71(1), (3) and (4)
10
Omit "FEE-HELP balance", substitute "HELP balance".
11
139 Subsection 72(1)
12
Omit "FEE-HELP balance", substitute "HELP balance".
13
140 Subsections 73(1) and (2)
14
Omit "FEE-HELP balance", substitute "HELP balance".
15
141 Section 74 (cell at table item 3, column headed
16
"Decision")
17
Omit "FEE-HELP balance", substitute "HELP balance".
18
142 Section 74 (cell at table item 4, column headed
19
"Decision")
20
Omit "FEE-HELP balances", substitute "HELP balance".
21
143 Section 74 (cell at table item 5, column headed
22
"Decision")
23
Omit "FEE-HELP balance" (wherever occurring), substitute "HELP
24
balance".
25
Schedule 3 HELP loan limits etc.
Part 2 Application and transitional provisions
38
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
No. , 2018
Part 2--Application and transitional provisions
1
144 Application
--HELP balance provisions
2
(1)
For the purposes of this item, HELP balance provisions means the
3
following provisions of the Higher Education Support Act 2003 (as
4
amended by this Schedule):
5
(a) paragraph 90-1(ba);
6
(b) section 93-20 so far as that section relates to an amount of
7
HECS-HELP assistance to which a student is or would be
8
entitled for a unit of study;
9
(c) subparagraph 128-15(1)(a)(i);
10
(d) Division 97;
11
(e) subparagraph 107-10(1)(a)(ia);
12
(f) subparagraph 107-10(2)(b)(ia);
13
(g) subparagraph 54(1)(a)(ia) of Schedule 1A;
14
(h) subparagraph 54(2)(b)(ia) of Schedule 1A.
15
(2)
The HELP balance provisions apply in relation to a unit of study in
16
which a student was or is enrolled with a higher education provider as
17
part of a course of study if the census date for the unit is on or after
18
1 January 2019.
19
145 Transitional
--re-credited amounts
20
If, before 1 January 2019, an amount was re-credited to a person's
21
FEE-HELP balance under:
22
(a) Subdivision 104-B of the Higher Education Support Act
23
2003; or
24
(b) Subdivision 7-B of Schedule 1A to that Act; or
25
(c) Part 6 of the VET Student Loans Act 2016;
26
section 128-15 of the Higher Education Support Act 2003 (as amended
27
by this Schedule) has effect as if the amount had been re-credited to the
28
person's HELP balance immediately after the start of 1 January 2019.
29
146 Transitional
--pending decisions about re-credited
30
amounts
31
If:
32
HELP loan limits etc. Schedule 3
Application and transitional provisions Part 2
No. , 2018
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Bill 2018
39
(a) an application for the re-crediting of an amount to a person's
1
FEE-HELP balance was made before 1 January 2019; and
2
(b) the application was made under:
3
(i) section 104-25 of the Higher Education Support Act
4
2003; or
5
(ii) clause 46 of Schedule 1A to that Act; or
6
(iii) section 72 of the VET Student Loans Act 2016; and
7
(c) no decision was made on the application before the
8
commencement of this item;
9
the application has effect, after the start of 1 January 2019, as if it were
10
an application for the re-crediting of the amount to the person's HELP
11
balance.
12
147 Transitional
--indexation
13
Subsection 198-10(1) of the Higher Education Support Act 2003 has
14
effect, in relation to the HELP loan limit, as if the reference in that
15
subsection to 1 January 2012 were a reference to 1 January 2020.
16