Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p62
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 62/67)
Character Range: 439748–442428

person first becomes a *location‑preferred HELP debtor (health practitioner) in relation to the course of study.
 (3) To avoid doubt, this section may have the effect of reducing a person's *accumulated HELP debt for a financial year to less than zero.
 (4) The *Secretary must, within the period specified by subsection (5), notify the person of the Secretary's decision on that application. The notice must:
 (a) be in writing; and
 (b) if the Secretary has determined that the person's *accumulated HELP debt for the *course of study is to be reduced—state the amount by which that debt is to be reduced.
 (5) For the purposes of subsection (4), the period is:
 (a) the period of 60 days after the day the *Secretary receives the application under subsection (7); or
 (b) any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.
Note: The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206‑5.
 (6) If the notice states an amount by which the person's *accumulated HELP debt for the *course of study is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.
 (7) A person may apply to the *Secretary for a determination under subsection (1) that the person's *accumulated HELP debt for a *course of study be reduced. The application must:
 (a) be in writing; and
 (b) be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and
 (c) include the person's *tax file number; and
 (d) meet any requirements specified by the HELP Debtor Guidelines (Health Practitioners) for the purposes of this paragraph.
 (8) The *Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (7).

144‑15  Refunding amounts
  If:
 (a) the *Secretary has determined, for the purposes of section 144‑10, that a person's *accumulated HELP debt for a *course of study is to be reduced by an amount; and
 (b) the amount exceeds the sum of:
 (i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and
 (ii) the total amount of the person's primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);
the Commonwealth must refund to the person an amount equal to that excess.

144‑20  Reviews of this Division
 (1) The Minister must cause to be conducted independent reviews of the operation of this Division before:
 (a) 1 July 2025; and
 (b) 1 July 2028.