Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 137.16

Incurring SA - HELP debts

  (1)   A person incurs a debt to the Commonwealth if, under section   128 - 1, the Commonwealth:

  (a)   makes a loan to the person; and

  (b)   uses the amount lent to make a payment of the person's liability to pay a * student services and amenities fee.

The debt is an SA - HELP debt .

  (2)   The amount of the * SA - HELP debt is an amount equal to the loan.

When SA - HELP debts are incurred

  (3)   An * SA - HELP debt is taken to have been incurred by a person immediately after the day on which the * student services and amenities fee to which the loan relates is payable, whether or not the Commonwealth has made a payment in respect of the fee.

Remission of SA - HELP debts

  (4)   A person's * SA - HELP debt in relation to a * student services and amenities fee imposed by a higher education provider is taken to be remitted if, under section   128 - 5, the provider must repay the Commonwealth the amount the Commonwealth paid the provider in relation to the fee.