Commonwealth Numbered Acts

HIGHER EDUCATION FUNDING AMENDMENT ACT 1994 No. 24 of 1994 - SECT 19

19. After section 106A of the Principal Act the following sections are
inserted:

Agency to notify Minister where tax file number not provided

"106AA.(1) If:

   (a)  the Agency receives notice under subsection 42(3) or (5) as applied by
        section 106A to the effect that a client who has chosen to participate
        in the deferred payment scheme does not have, or no longer has, a tax
        file number; and

   (b)  at the end of 28 days after the Agency receives that notice, the
        Agency has not been notified of a number that the Agency is satisfied
        (in accordance with guidelines issued by the Commissioner) is the
        client's tax file number; the Agency must notify the Minister in
        writing that the client does not appear to have a tax file number.



"(2) The regulations may set out procedures for the Agency to notify clients
who may be affected by subsection (1).".

Commonwealth not liable where client does not have a tax file number

"106AB. Where the Agency notifies the Minister under section 106AA that a
client does not appear to have a tax file number, the Commonwealth is not
liable, and is taken never to have been liable:

   (a)  to lend an amount to the client under paragraph 106D(1)(a); or

   (b)  to apply any amount in making a payment to the Agency under paragraph
        106D(1)(b) in discharge of any liability of the client.".