Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003
20BGrant to Marcus Oldham College
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(1) There is payable to Marcus Oldham College, in respect of the year 2004, such amount as the Minister determines.
(2) The amount payable under this section must not exceed $2,095,000.
93 Paragraph 34(4)(a)
Omit “other than Marcus Oldham College”.
94 Subsection 98A(1) (paragraph (b) of the definition of appropriate officer)
Omit “Marcus Oldham College or”.
Part 7—Other amendments
A New Tax System (Family Assistance) (Administration) Act 1999
95 Subsection 3(1) (after subparagraph (c)(i) of the definition of income tax refund)
Insert:
(ia) section 154‑60 of the Higher Education Support Act 2003; or
Bankruptcy Act 1966
96 Subsection 82(1) (note)
Repeal the note.
97 After subsection 82(3AA)
Insert:
(3AB) A debt incurred under Part 4‑1 of the Higher Education Support Act 2003 is not provable in bankruptcy.
Disability Services Act 1986
98 Subsection 22(1)
Omit “subsection (1A)”, substitute “subsections (1A) and (1B)”.
99 After subsection 22(1A)
Insert:
(1B) If:
(a) a rehabilitation program provided for a pensioner or beneficiary includes a course of study with a higher education provider; and
(b) the person owes one or more HELP debts to the Commonwealth in respect of undertaking the course of study;
the pensioner’s or beneficiary’s HELP debts in respect of the course must not be borne by the Commonwealth unless the Higher Education Support Act 2003, or another Act, provides otherwise.
100 Subsection 22(4)
Insert:
HELP debt has the same meaning as in the Higher Education Support Act 2003.
101 Subsection 22(4)
Insert:
higher education provider has the same meaning as in the Higher Education Support Act 2003.
Equal Opportunity for Women in the Workplace Act 1999
102 Subsection 3(1) (definition of higher education institution)
Omit “section 106ZL of the Higher Education Funding Act 1988”, substitute “Higher Education Support Act 2003”.
Fringe Benefits Tax Assessment Act 1986
103 Section 135M
After “Higher Education Funding Act 1988”, insert “or the Higher Education Support Act 2003”.
Higher Education Funding Act 1988
104 Subsection 106L(1)
After “HEC semester debt”, insert “or PELS semester debt”.
Section 20B - Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 - Grant to Marcus Oldham College | Zoe
105 Subsection 106L(2)
After “person’s”, insert “BOTP study period debt or”.
106 Paragraph 106L(2)(a)
Omit “one or more of the units of study”, substitute “the BOTP course, or one or more of the units of study,”.
107 Paragraph 106L(2)(c)
Omit “a unit of study”, substitute “the BOTP course, or a unit of study,”.
108 Subsection 106L(3B)
Omit “or a unit of study”, substitute “or a BOTP course, or a unit of study,”.
(ba) if the person:
(i) has incurred a BOTP semester debt for the BOTP course; and
(ii) withdraws his or her enrolment for the course for the study period; and
(iii) the institution at which the person was enrolled gives notice to the person that the withdrawal has taken effect;
the day specified by the institution in the notice as the day the withdrawal takes effect; or
(bb) if:
(i) the person has incurred a BOTP semester debt; and
(ii) paragraph (ba) does not apply to the person; and
(iii) the person does not complete the BOTP course for which he or she was enrolled for the study period;
the last day of the study period; or
111 Paragraph 106M(1)(a)
Omit “an HEC semester debt or OL study period debt”, substitute “a semester debt”.
112 Actions by appropriate officers of institutions
Any action by an appropriate officer of an institution before the commencement of this item that could have been done by the Secretary under section 106L or 106M of the Higher Education Funding Act 1988 is taken, after that commencement, to have been done as if, at the time it was done, the Secretary:
(a) had the power under section 112 of that Act to delegate his or her powers under sections 106L and 106M of that Act to that appropriate officer; and
(b) had so delegated those powers.
113 Subsection 106PA(2)
Repeal the subsection.
114 Subsection 106PA(3)
Omit “If the amount of the debt is $500 or more, the”, substitute “The”.
Omit “the person had an accumulated HEC debt”, substitute:
the person:
(i) had an accumulated HEC debt; or
(ii) if the 1 June occurs in the year 2006 or a later year—had an accumulated HELP debt;
121 At the end of subparagraph 106Y(2)(e)(ii)
Add “; or”.
122 At the end of subsection 106Y(2)
Add:
; (f) fourthly, in discharge or reduction of:
(i) any HELP debt of the person; or
(ii) if there is more than one such debt, those debts in the order in which they were incurred.
123 At the end of section 106Y
Add:
(3) In this section, HECS‑HELP debt, FEE‑HELP debt and OS‑HELP debt have the same meanings as in the Higher Education Support Act 2003.
124 At the end of section 112
Add:
(3) The Secretary may delegate to a review officer of an institution the Secretary’s powers under sections 106L and 106M so far as those powers relate to persons who are, or have been, enrolled with the institution.
(4) In exercising powers under a delegation made under subsection (3), the delegate must comply with any directions of the Secretary.
(5) In this subsection:
review officer, in relation to an institution, means a person, or a person included in a class of persons, appointed by, or by a delegate of, the chief executive officer of the institution to be an appropriate officer of the institution for the purposes of subsection (3).
Income Tax Assessment Act 1936
125 After paragraph 24ABZE(2)(j)
Insert:
(ja) discharging a compulsory repayment amount (within the meaning of the Higher Education Support Act 2003);
126 Subsection 51(6AA) (note)
Omit “(HECS and student assistance)”, substitute “(Assistance to students)”.
127 Subsection 51(6AA) (note)
After “Higher Education Funding Act 1988,”, insert “the Higher Education Support Act 2003,”.
128 Subsection 82A(2) (after paragraph (b) of the definition of expenses of self‑education)
Insert:
(ba) a student contribution amount within the meaning of the Higher Education Support Act 2003 paid to a higher education provider (within the meaning of that Act); or
(bb) a payment made in respect of, or in respect of the reduction or discharge of, any indebtedness to the Commonwealth under Chapter 4 of that Act; or
129 Subsection 163B(3) (paragraph (d) of the definition of Tax liabilities)
After “HEC assessment debt”, insert “or compulsory repayment amount”.
130 Subsection 163B(10)
Insert:
compulsory repayment amount has the same meaning as in the Higher Education Support Act 2003.
131 Section 202A (after paragraph (a) of the definition of tax file number)
Insert:
(aa) a number issued to a person under section 44 or 48 of the Higher Education Funding Act 1988; or
132 After paragraph 202F(1)(f)
Insert:
(fa) a decision to give a notice under subsection 190‑15(1) of the Higher Education Support Act 2003;
(fb) a decision to give a notice under subsection 190‑20(1) of the Higher Education Support Act 2003;