Universities Accord (Student Support and Other Measures) Transitional Rules 2024 (Cth)

Universities Accord (Student Support and Other Measures) Transitional Rules 2024

I, Jason Clare, Minister for Education, make the following rules.

Dated 9 December 2024

Jason Clare

Minister for Education

Contents

1. •
2. •
3. •
4. •
5. •

1Name

This instrument is the Universities Accord (Student Support and Other Measures) Transitional Rules 2024.

2Commencement

1. (1)

   Each provision of this instrument 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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	Immediately after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)

Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under subitem 1(1) of Schedule 6 to the Universities Accord (Student Support and Other Measures) Act 2024.

4Definitions

1. (1)

   In this instrument:

   Act means the Universities Accord (Student Support and Other Measures) Act 2024.

   new law means a relevant Act as in force upon commencement of the Act.

   old law means a relevant Act as in force immediately before commencement of the Act.

   RAnew lawis what a relevant amount would have been for the financial year if it had been calculated under the relevant new law without taking account of this instrument and on the basis that there had not been a relevant waiver.

   RAold lawis what a relevant amount would have been for the financial year if it had been calculated under the relevant old law without taking account of this instrument and on the basis that there had not been a relevant waiver.

   relevant Act has the meaning given by subsection (2).

   relevant amount has the meaning given by subsection (2).

   relevant waiver (RW), in relation to a relevant amount and a financial year, means an amount attributable to the indexation of a person’s relevant amount that was waived under section 63 of the Public Governance, Performance and Accountability Act 2013 in relation to that financial year.

   Note: RW is expressed as a positive number.

   (2) In this instrument:

   1. (a)

      each relevant Act is specified in column 1 of the following table; and

   2. (b)

      for each relevant Act, a relevant amount is an amount specified in the corresponding row of column 2.

Relevant Acts and relevant amounts
Column 1	Column 2
Item	relevant Act	relevant amount
1.	Higher Education Support Act 2003	a person’s accumulated HELP debt
2.	Australian Apprenticeship Support Loans Act 2014	a person’s accumulated AASL debt
3.	Social Security Act 1991	each of the following: (a) a person’s accumulated FS debt; (b) the amount outstanding under a person’s FS contract; (c) a person’s accumulated SSL debt
4.	Student Assistance Act 1973	each of the following: (a) a person’s accumulated FS debt; (b) the amount outstanding under a person’s FS contract; (c) a person’s accumulated ABSTUDY SSL debt
5.	VET Student Loans Act 2016	a person’s accumulated VETSL debt

1. (3)

   Any other expression used in this instrument that is used in the Act has the same meaning in this instrument as it has in the Act.

5Transitional rules for the recalculation of debts or amounts owing where a person received a waiver or partial waiver of that debt or amount

1. (1)

   This section is made for the purposes of subitems 1(1) and 1(3) of Schedule 6 to the Act and subitems 56(3), 59(3), 62(3), 65(3) and 68(3) of Schedule 1 to the Act.

2. (2)

   If a person had a relevant waiver in relation to a relevant amount and the financial year ending on 30 June 2023 or the financial year ending on 30 June 2024, the person’s recalculated relevant amount for the financial year is given by:

   1. (a)

      if, for the financial year, :

   2. (b)

      if, for the financial year, :

   where:

   RAre-calcis the person’s recalculated relevant amount for the financial year.

3. (3)

   If the person had a relevant waiver in relation to the financial year ending on 30 June 2023 and the financial year ending on 30 June 2024, this section is to be applied first in relation to the financial year ending on 30 June 2023.