Document ID: chunk:federal_register_of_legislation:C2011A00130:clause:1_36
Version: federal_register_of_legislation:C2011A00130
Segment Type: clause
Provision Reference: sch 1 cl 36
Character Range: 23719–25386

36  At the end of Division 193
Add:

193‑15  No entitlement to SA‑HELP assistance for students without tax file numbers
 (1) This subsection applies to a person if:
 (a) a higher education provider has imposed a *student services and amenities fee on the person; and
 (b) 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
 (c) 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 (2)) is a valid tax file number; and
 (d) the person is entitled to *SA‑HELP assistance for the fee (ignoring paragraph 126‑1(1)(c)).
Note: If subsection (1) applies to a person:
(a) the provider must repay any amount paid to the provider by the Commonwealth to discharge the person's liability for the student services and amenities fee (see section 128‑5); and
(b) the person's SA‑HELP debt relating to the payment by the Commonwealth is remitted (see subsection 137‑16(4)).
 (2) 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)(c), comply with the guidelines issued by the *Commissioner under subsection 187‑1(4).
 (3) A higher education provider 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) applying to them.
 (4) A guideline issued under subsection (3) is a legislative instrument.