Trade Support Loans Amendment Act 2023 (Cth)
Contents
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The Parliament of Australia enacts:
This Act is the
Trade Support Loans Amendment Act 2023 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
The whole of this Act | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 1 January 2024 (F2023N00585) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Omit “
trade support loans ”, substitute “Australian apprenticeship support loans ”.
Omit “
Trade Support Loans ”, substitute “Australian Apprenticeship Support Loans ”.Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the
Acts Interpretation Act 1901 ).
Omit “Trade support loan is an”, substitute “Australian apprenticeship support loan is an”.
Omit “trade support loan must”, substitute “Australian apprenticeship support loan must”.
Omit “trade support loan is available”, substitute “Australian apprenticeship support loan is available”.
Omit “trade support loan debt”, substitute “Australian apprenticeship support loan debt.”.
Insert:
AASL debt means a debt incurred under section 27.
AASL debt indexation factor has the meaning given by section 32.
accumulated AASL debt has the meaning given by section 35.
Repeal the definition.
Insert:
Australian Apprenticeships Priority List means the list determined under subsection 105(1).
Australian apprenticeship support loan means Australian apprenticeship support loan for which a person qualifies under Part 2.1.
compulsory AASL repayment amount means an amount that:
(a) is required to be paid in respect of an accumulated AASL debt under section 46 or 47A; and
(b) is included in a notice of assessment made under section 48.
10
Section 5 (definition of compulsory TSL repayment amount ) Repeal the definition.
Insert:
former accumulated AASL debt has the meaning given by section 31.
12
Section 5 (definition of former accumulated TSL debt ) Repeal the definition.
Insert:
repayable AASL debt has the meaning given by section 47.
Repeal the following definitions:
(a) definition of
repayable TSL debt ;(b) definition of
trade support loan ;(c) definition of
TSL debt ;(d) definition of
TSL debt indexation factor ;(e) definition of
TSL Priority List .
Insert:
voluntary AASL repayment means a payment made to the Commissioner in discharge of an accumulated AASL debt or an AASL debt. It does not include a payment made in discharge of a compulsory AASL repayment amount.
16
Section 5 (definition of voluntary TSL repayment ) Repeal the definition.
Omit “
trade support loan ”, substitute “Australian apprenticeship support loan ”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “Trade support loan is”, substitute “Australian apprenticeship support loan is”.
Omit “trade support loan must”, substitute “Australian apprenticeship support loan must”.
Omit “trade support loan may”, substitute “Australian apprenticeship support loan may”.
Omit “trade support loan a”, substitute “Australian apprenticeship support loan a”.
Omit “
trade support loan ”, substitute “Australian apprenticeship support loan ”.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “TSL”, substitute “Australian Apprenticeships”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “Trade support loan is”, substitute “Australian apprenticeship support loan is”.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Repeal the paragraph, substitute:
(c) the person made an application for Australian apprenticeship support loan:
(i) on or before that final day; or
(ii) if the Secretary allows a later day for the person—on or before that later day.
Insert:
(1A) The Secretary may allow a later day under subparagraph (1)(c)(ii) only in the circumstances prescribed by the rules.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “a trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
34
Section 12 (paragraph beginning “A person who wants”) Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
35
Section 12 (paragraph beginning “A determination”) Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
36
Section 12 (paragraph beginning “Trade support loan can be”) Omit “Trade support loan can”, substitute “Australian apprenticeship support loan can”.
37
Section 12 (paragraph beginning “Trade support loan can be”) Omit “trade support loan increased”, substitute “Australian apprenticeship support loan increased”.
38
Section 12 (paragraph beginning “Trade support loan can also”) Omit “Trade support loan”, substitute “Australian apprenticeship support loan”.
39
Section 12 (paragraph beginning “Trade support loan is paid”) Omit “Trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “Trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “
trade support loan ”, substitute “Australian apprenticeship support loan ”.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “Trade support loan that”, substitute “Australian apprenticeship support loan that”.
Omit “trade support loan, the”, substitute “Australian apprenticeship support loan, the”.
Omit “a TSL”, substitute “an AASL”.
57
Section 26 (paragraph beginning “Each TSL debt”) Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “
TSL ”, substitute “AASL ”.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “a TSL”, substitute “an AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “a TSL”, substitute “an AASL”.
Omit “TSL”, substitute “AASL”.
Omit “a TSL”, substitute “an AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “
TSL debt , in relation”, substitute “AASL debt , in relation”.
Omit “TSL debt for a financial year”, substitute “AASL debt for a financial year”.
Omit “TSL”, substitute “AASL”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “
TSL ” (wherever occurring), substitute “AASL ”.
Omit “a TSL”, substitute “an AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “TSL”, substitute “AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “
TSL ”, substitute “AASL ”.
Repeal the formula, substitute:
Insert:
AASL debt repayments is the sum of all of the voluntary AASL repayments (if any) paid, on or after 1 July in the financial year and before 1 June in that year, in reduction of the AASL debts incurred in that year.
AASL debts incurred is the sum of the amounts of all of the AASL debts (if any) that the person incurred during the first 6 months of the financial year.
former accumulated AASL debt is the person’s former accumulated AASL debt in relation to that accumulated AASL debt.
Repeal the following definitions:
(a) definition of
former accumulated TSL debt ;(b) definition of
TSL debt repayments ;(c) definition of
TSL debts incurred .
Omit “TSL”, substitute “AASL”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “Trade support loan that is”, substitute “Australian apprenticeship support loan that is”.
Omit “to trade support loan”, substitute “to Australian apprenticeship support loan”.
Omit “of trade support loan”, substitute “of Australian apprenticeship support loan”.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “a TSL”, substitute “an AASL”.
Omit “accumulated TSL”, substitute “accumulated AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “
TSL ”, substitute “AASL ”.
Omit “
TSL ”, substitute “AASL ”.
Omit “TSL”, substitute “AASL”.
Omit “TSL”, substitute “AASL”.
Omit “accumulated TSL”, substitute “accumulated AASL”.
Omit “a TSL”, substitute “an AASL”.
Omit “accumulated TSL”, substitute “accumulated AASL”.
Omit “a TSL”, substitute “an AASL”.
Omit “accumulated TSL”, substitute “accumulated AASL”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Omit “TSL”, substitute “AASL”.
Omit “TSL”, substitute “AASL”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “TSL” (wherever occurring), substitute “AASL”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “trade support loan” (wherever occurring), substitute “Australian apprenticeship support loan”.
Omit “
TSL ”, substitute “Australian Apprenticeships ”.
Repeal the subsection, substitute:
(1) The Minister may, by legislative instrument, determine a list (the
Australian Apprenticeships Priority List ) specifying:
(a) occupations for which; or
(b) qualifications leading to occupations for which;
in the opinion of the Minister, skilled persons are a priority.
Note: For variation and revocation, see subsection 33(3) of the
Acts Interpretation Act 1901 .
Omit “TSL” (wherever occurring), substitute “Australian Apprenticeships”.
Add:
(6) The Minister must take all reasonable steps to ensure that an instrument is in force under subsection (1) at all times after the commencement of this subsection.
(7) In determining the Australian Apprenticeships Priority List, the Minister must have regard to any relevant advice given to the Minister by Jobs and Skills Australia under section 9 of the
Jobs and Skills Australia Act 2022 in relation to either of the following matters:
(a) Australia’s current and emerging labour market, including advice on workforce needs and priorities;
(b) Australia’s current, emerging and future skills and training needs and priorities.
(8) Subsection (7) does not prevent the Minister from having regard to other advice.
Omit “trade support loan”, substitute “Australian apprenticeship support loan”.
Note: For consequential amendments of the
Student Loans (Overseas Debtors Repayment Levy) Act 2015 , see theStudent Loans (Overseas Debtors Repayment Levy) Amendment Act 2023 .
Omit “
Trade Support Loans Act 2014 (trade”, substitute “Australian Apprenticeship Support Loans Act 2014 (Australian apprenticeship”.
Omit “
Trade Support Loans Act 2014 ”, substitute “Australian Apprenticeship Support Loans Act 2014 ”.
Omit “
Trade Support Loans Act 2014 ”, substitute “Australian Apprenticeship Support Loans Act 2014 ”.
132 Section 12‑5 (after table item headed “advance expenditure”) Insert:
| 26‑20 |
133 Section 12‑5 (table item headed “trade support loan”) Repeal the item.
Omit “
Trade Support Loans Act 2014 ”, substitute “Australian Apprenticeship Support Loans Act 2014 ”.
Insert:
accumulated AASL debt has the meaning given by section 35 of theAustralian Apprenticeship Support Loans Act 2014 .
136
Subsection 995‑1(1) (definition of accumulated TSL debt ) Repeal the definition.
Insert:
compulsory AASL repayment amount has the same meaning as in theAustralian Apprenticeship Support Loans Act 2014 .
138
Section 8AAZA (definition of compulsory TSL repayment amount ) Repeal the definition.
Omit “TSL”, substitute “AASL”.
Omit “
Trade Support Loans Act 2014 ”, substitute “Australian Apprenticeship Support Loans Act 2014 ”.
Omit “TSL”, substitute “AASL”.
Omit “
Trade Support Loans Act 2014 ”, substitute “Australian Apprenticeship Support Loans Act 2014 ”.
Omit “
Trade Support Loans Act 2014 ”, substitute “Australian Apprenticeship Support Loans Act 2014 ”.
144
Section 45‑340 in Schedule 1 (method statement, step 3AC) Omit “TSL”, substitute “AASL”.
145
Section 45‑375 in Schedule 1 (method statement, step 3AC) Omit “TSL”, substitute “AASL”.
146
Subsection 250‑10(2) in Schedule 1 (table item 36D) Omit “TSL”, substitute “AASL”.
147
Subsection 250‑10(2) in Schedule 1 (table item 36D) Omit “
Trade Support Loans Act 2014 ”, substitute “Australian Apprenticeship Support Loans Act 2014 ”.
148
Subsection 355‑65(2) in Schedule 1 (table item 5AA) Omit “
Trade Support Loans Act 2014 ”, substitute “Australian Apprenticeship Support Loans Act 2014 ”.
Insert:
compulsory AASL repayment amount has the same meaning as in theAustralian Apprenticeship Support Loans Act 2014 .
150
Subsection 3(1) (definition of compulsory TSL repayment amount ) Repeal the definition.
Omit “
Trade Support Loans Act 2014 ”, substitute “Australian Apprenticeship Support Loans Act 2014 ”.
Omit “TSL”, substitute “AASL”.
Omit “TSL”, substitute “AASL”.
Omit “TSL”, substitute “AASL”.
Omit “TSL”, substitute “AASL”.
156 Transitional—alternative name for trade support loan If, immediately before the commencement of this item, a loan was known as trade support loan, then, after the commencement of this item:
(a) the loan may also be known as Australian apprenticeship support loan; and
(b) a reference to the loan in an instrument or other document is to be construed as including a reference to the loan under the name Australian apprenticeship support loan.
157 Transitional—alternative name for an accumulated TSL debt If, immediately before the commencement of this item, an amount was known as an accumulated TSL debt, then, after the commencement of this item:
(a) the amount may also be known as an accumulated AASL debt; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name accumulated AASL debt.
158 Transitional—alternative name for a compulsory TSL repayment amount If, immediately before the commencement of this item, an amount was known as a compulsory TSL repayment amount, then, after the commencement of this item:
(a) the amount may also be known as a compulsory AASL repayment amount; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name compulsory AASL repayment amount.
159 Transitional—alternative name for a former accumulated TSL debt If, immediately before the commencement of this item, an amount was known as a former accumulated TSL debt, then, after the commencement of this item:
(a) the amount may also be known as a former accumulated AASL debt; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name former accumulated AASL debt.
160 Transitional—alternative name for an instalment of trade support loan If, immediately before the commencement of this item, an instalment was known as an instalment of trade support loan, then, after the commencement of this item:
(a) the instalment may also be known as an instalment of Australian apprenticeship support loan; and
(b) a reference to the instalment in an instrument or other document is to be construed as including a reference to the instalment under the name instalment of Australian apprenticeship support loan.
161 Transitional—alternative name for a repayable TSL debt If, immediately before the commencement of this item, an amount was known as a repayable TSL debt, then, after the commencement of this item:
(a) the amount may also be known as a repayable AASL debt; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name repayable AASL debt.
If, immediately before the commencement of this item, an amount was known as a TSL debt, then, after the commencement of this item:
(a) the amount may also be known as an AASL debt; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name AASL debt.
163
Transitional—alternative name for a voluntary TSL repayment If, immediately before the commencement of this item, an amount was known as a voluntary TSL repayment, then, after the commencement of this item:
(a) the amount may also be known as a voluntary AASL repayment; and
(b) a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name voluntary AASL repayment.
(1) This item applies to a person if:
(a) immediately before the commencement of this item, the person was undertaking an apprenticeship through which the person was undertaking a qualification:
(i) at a level prescribed by the
Trade Support Loan Rules 2014 ; and(ii) leading to an occupation or a qualification specified on the TSL Priority List; and
(iii) which met any other requirements prescribed by the
Trade Support Loan Rules 2014 ; and(b) immediately after the commencement of the first Australian Apprenticeships Priority List determined under subsection 105(1) of the
Australian Apprenticeship Support Loans Act 2014 , the occupation or qualification is not specified on that list; and(c) immediately before the commencement of this item, a determination was in effect granting the person’s application for trade support loan in relation to the apprenticeship.
(2) The
Australian Apprenticeship Support Loans Act 2014 has effect, in relation to the person, as if the occupation or qualification referred to in subparagraph (1)(a)(ii) of this item were specified on the Australian Apprenticeships Priority List determined under subsection 105(1) of that Act.
165
Transitional—instruments or documents issued or given by, or on behalf of, the Commissioner of Taxation If:
(a) during the period:
(i) beginning at the commencement of this item; and
(ii) ending on 1 January 2025;
an instrument or other document is issued or given by, or on behalf of, the Commissioner of Taxation; and
(b) apart from this item, the instrument or document would be invalid because it includes a reference to one or more things mentioned in column 1 of the following table; and
(c) the instrument or document would be valid if each reference in the instrument or document to a thing mentioned in column 1 of a particular item of the table were instead a reference to the thing mentioned in column 2 of that item;
the instrument or document has effect as if each reference in the instrument or document to a thing mentioned in column 1 of that item were instead a reference to the thing mentioned in column 2 of that item.
1 | trade support loan | Australian apprenticeship support loan | ||
2 | accumulated TSL debt | accumulated AASL debt | ||
3 | compulsory TSL repayment amount | compulsory AASL repayment amount | ||
4 | former accumulated TSL debt | former accumulated AASL debt | ||
5 | instalment of trade support loan | instalment of Australian apprenticeship support loan | ||
6 | repayable TSL debt | repayable AASL debt | ||
7 | TSL debt | AASL debt | ||
8 | voluntary TSL repayment | voluntary AASL repayment | ||
Without limiting subsection 106(1) of the
Australian Apprenticeship Support Loans Act 2014 , rules made under that subsection may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments of that Act made by this Schedule.
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