Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_10:p29
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 29/31)
Character Range: 588262–590961

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 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 Universities Australia; and
 (c) Open Universities 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 Universities Australia receives that notice, Open Universities 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 HELP balance in relation to the unit is re‑credited: see subsection 104‑27(2).
 (3) A higher education provider or *Open Universities 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 Universities 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.

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