Higher Education (HELP Program Commonwealth Officers) Instrument 2017 (Cth)

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Higher Education (HELP Program Commonwealth Officers) Instrument 2017

made under subsection 180-28(8) of the Higher Education Support Act 2003

Compilation No. 2     

Compilation date:         31 March 2022

Includes amendments up to:           Higher Education (HELP Program Commonwealth Officers) Amendment (Specifying University of Canberra Officers as HELP Program Commonwealth Officers) Instrument 2022 [F2022L00419]

About this compilation

This compilation

This is a compilation of the Higher Education (HELP Program Commonwealth Officers) Instrument 2017 that shows the text of the law as amended and in force on 31 March 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  1. Name

This is the Higher Education (HELP Program Commonwealth Officers) Instrument 2017.

  1. Authority

This instrument is made under subsection 180-28(8) of the Higher Education Support Act 2003 (the Act).

4      Commonwealth officers specified to be HELP program Commonwealth officers

(1)Pursuant to subsection 180-28(8) of the Act, the following Commonwealth officers are specified to be HELP program Commonwealth officers for the purposes of paragraph 180-28(7)(c) of the Act:

(a)   The Australian Government Actuary;

(b)Commonwealth officers employed by the Office of the Australian Government Actuary;

(c)Commonwealth officers engaged by the department for the purposes set out in subsection 180-28(5) of the Act;

(d)taxation officers performing functions for the purposes set out in subsection 180-28(5) of the Act; and

(e)Employees of the University of Canberra, a body constituted under the University of Canberra Act 1989 (ACT), who are engaged by the Commonwealth to perform functions set out in subsection 180-28(5) of the Act.

(2)   In subsection (1):

taxation officer means a Commonwealth officer:

(a)who is a taxation officer within the meaning given by section 355-30 of Schedule 1 to the Taxation Administration Act 1953; or

(b)to whom Division 355 of Schedule 1 to the Taxation Administration Act 1953 applies due to the operation of section 355-15 of that Schedule.

Note:      Commonwealth officer has the meaning given by subsection 179-15(2) of the Act.
HELP program Commonwealth officer
has the meaning given by subsection 180-28(7) of the Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

o = order(s)
ad = added or inserted Ord = Ordinance
am = amended orig = original
amdt = amendment par = paragraph(s)/subparagraph(s)
c = clause(s)     /sub‑subparagraph(s)
C[x] = Compilation No. x pres = present
Ch = Chapter(s) prev = previous
def = definition(s) (prev…) = previously
Dict = Dictionary Pt = Part(s)
disallowed = disallowed by Parliament r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have reloc = relocated
    effect renum = renumbered
F = Federal Register of Legislation rep = repealed
gaz = gazette rs = repealed and substituted
LA = Legislation Act 2003 s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
(md) = misdescribed amendment can be given Sdiv = Subdivision(s)
    effect SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment SR = Statutory Rules
    cannot be given effect Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification SubPt = Subpart(s)
No. = Number(s) underlining = whole or part not
    commenced or to be commenced

Endnote 3—Legislation history

Name Registration Commencement Application, saving and transitional provisions
Higher Education (HELP Program Commonwealth Officers) Instrument 2017

31 May 2017

(F2017L00622)

1 June 2017 -
Higher Education (HELP Program Commonwealth Officers) Amendment Instrument (No. 1) 2017

4 October 2017

(F2017L01319)

5 October 2017 -
Higher Education (HELP Program Commonwealth Officers) Amendment (Specifying University of Canberra Officers as HELP Program Commonwealth Officers) Instrument 2022

30 March 2022

(F2022L00419)

31 March 2022

Endnote 4—Amendment history

Provision affected How affected

Section 2

Section 3

Section 4

 rep LA s 48D

am F2017L01319

rs F2017L01319

am F2022L00419

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