Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The * Secretary must, on the application of a person under subsection (4), determine that the indexation of the person's * accumulated HELP debt for a financial year is to be reduced if:
(a) on 1 June of the financial year in relation to which the application is made, the person has an * accumulated HELP debt; and
(b) the Secretary is satisfied that the person:
(i) was a * location - preferred HELP debtor (teacher) at any time during the calendar year (the applicable calendar year ) ending on 31 December in the financial year; and
(ii) has met such other requirements (if any) as are specified in the HELP Debtor Guidelines (Teachers) for the purposes of this subparagraph.
(2) If the * Secretary determines that the indexation of the person's * accumulated HELP debt for a financial year is to be reduced, the Secretary must determine the number of days in the applicable calendar year in respect of which the person was a * location - preferred HELP debtor (teacher).
(3) The * Secretary must, within the period specified by subsection (3A), give notice to the person of the Secretary's decision on that application. The notice must:
(a) be in writing; and
(b) if the Secretary determines that the indexation of the person's accumulated HELP debt for a financial year is to be reduced--state the number of days determined by the Secretary under subsection (2).
(3A) For the purposes of subsection (3), the period is:
(a) the period of 60 days after the day the * Secretary receives the application under subsection (4); 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.
(3B) If the notice states a number of days by which indexation of the person's * accumulated HELP debt is to be reduced, the * Secretary must give a copy of the notice to the * Commissioner.
(4) A person may apply to the * Secretary for a determination under subsection (1) that the indexation of the person's * accumulated HELP debt for a financial year 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 (Teachers) for the purposes of this paragraph.