Document ID: chunk:federal_register_of_legislation:C2021C00522:clause:3_19
Version: federal_register_of_legislation:C2021C00522
Segment Type: clause
Provision Reference: sch 3 cl 19
Character Range: 27078–29287

19  Application and saving provision
(1) In this item:
Act means the Higher Education Support Act 2003.
commencement means the day this Schedule commences.
earlier income year means an income year commencing before commencement.
(2) The amendments made by this Schedule do not apply in relation to HECS‑HELP benefit for an earlier income year.
(3) Without limiting subitem (2):
 (a) a person may, after commencement, make an application in respect of an earlier income year in accordance with Subdivision 157‑A of Division 157 of the Act as in force immediately before commencement; and
 (b) the Commissioner must make a determination for any application in respect of an earlier year in accordance with Subdivision 157‑C of Division 157 of the Act as in force immediately before commencement; and
 (c) section 140‑5 of the Act, as in force immediately before commencement, continues to apply after commencement in relation to working out a former accumulated HELP debt of a person in respect of whom HECS‑HELP benefit has been determined for an earlier income year; and
 (d) section 154‑3 of the Act, as in force immediately before commencement, continues to apply after commencement in relation to working out the amount that a person in respect of whom a HECS‑HELP benefit has been determined for an earlier income year is liable to pay under section 154‑1 of the Act; and
 (e) a person may apply, after commencement, for review of a decision referred to in item 4A of the table in section 206‑1 of the Act as in force immediately before commencement; and
 (f) such a decision may be reviewed and given effect in accordance with the Act as in force immediately before commencement; and
 (g) a provision of a taxation law (within the meaning of the Income Tax Assessment Act 1997) has the effect necessary to give effect to this item.
(4) The HECS‑HELP Benefit Guidelines in force immediately before commencement continue in force for the purposes of the application of the Higher Education Support Act 2003 in relation to HECS‑HELP benefit for earlier income years. The Guidelines as continued under this subitem may be amended or repealed as if they were Guidelines made under section 238‑10 of the Act.