Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_10:p28
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 28/31)
Character Range: 585835–588506

In the circumstances set out in paragraph (5)(b), the HECS‑HELP assistance would not involve any loan by the Commonwealth to the person.

193‑5  No entitlement to HECS‑HELP assistance for students without tax file numbers
 (1) 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).
 (2) The provider must not accept a further enrolment of the person in that unit as a *Commonwealth supported student.
 (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).
 (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.
 (5) A guideline issued under subsection (4) is a legislative instrument.

193‑10  No entitlement to FEE‑HELP assistance for students without tax file numbers
 (1) This subsection applies to a person in relation to a unit of study if:
 (a) the person is enrolled with a higher education provider in the unit; and
 (b) access to the unit was not provided by *Open Universities Australia; and
 (c) 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
 (d) 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
 (e) the person is entitled to *FEE‑HELP assistance for the unit (ignoring paragraph 104‑1(1)(h)).
Note: The person's HELP balance in