Document ID: chunk:federal_register_of_legislation:C2005C00727:clause:1_44
Version: federal_register_of_legislation:C2005C00727
Segment Type: clause
Provision Reference: sch 1 cl 44
Character Range: 18002–20468

44  After section 193‑5
Insert:

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 Learning 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 FEE‑HELP balance in relation to the unit is re‑credited: see subsection 104‑27(1).

 (2) This subsection applies to a person in relation to a unit of study if:
 (a) the person is enrolled in the unit; and
 (b) access to the unit was provided by *Open Learning Australia; and
 (c) Open Learning Australia 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 Open Learning Australia receives that notice, Open Learning Australia has not been notified of a number that it 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 FEE‑HELP balance in relation to the unit is re‑credited: see subsection 104‑27(2).

 (3) A higher education provider or *Open Learning Australia must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(d) or (2)(d), as the case may be, comply with the guidelines issued by the *Commissioner under subsection 187‑1(4).

 (4) A higher education provider or *Open Learning Australia must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons of the need to obtain a valid *tax file number, where the persons may be affected by subsection (1) or (2), as the case may be, applying to them.

 (5) A guideline issued under subsection (4) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.