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HIGHER EDUCATION FUNDING ACT 1988 - SECT 106U

Application of tax legislation

             (1)  Subject to this Part, Part IV, and Division 1 of Part VI, of the Income Tax Assessment Act 1936 ( Assessment Act ), and Part 4-15 in Schedule 1 to the Taxation Administration Act 1953 , apply, so far as they are capable of application, in relation to an HEC assessment debt of a person as if it were income tax assessed to be payable by a taxpayer by an assessment made under Part IV of the Assessment Act.

Note:          Part 4-15 in Schedule 1 to the Taxation Administration Act 1953 deals with collection and recovery of amounts on and after 1 July 2000, replacing some provisions in Division 1 of Part VI of the Income Tax Assessment Act 1936 .

          (2A)  Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 has effect as if:

                     (a)  any HEC assessment debt of a person were income tax payable by the person in respect of the year of income in respect of which the assessment of that debt was made; and

                     (b)  Chapters 4, 4A, 4B, 5, 5A and 5B of this Act were income tax laws.

          (2B)  Subsection (2A) does not have the effect of making a person liable to a penalty for any act or omission that happened before the commencement of this subsection.

             (3)  Part 2-5 (other than section 12-55 and Subdivisions 12-E, 12-F and 12-G) in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection by instalments of an HEC assessment debt of a person as if the HEC assessment debt were income tax.

             (5)  Division 45 in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of an HEC assessment debt of a person as if the HEC assessment debt were income tax.



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