Higher Education (HELP Program Commonwealth Officers) Instrument 2017

Administered by Department of Education

Legislation au F2017L00622 In force Legislative Instrument

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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 (www.legislation.gov.au). 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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.

 

3                                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

 

 

 

 

 

 

Overview

The Higher Education (HELP Program Commonwealth Officers) Instrument 2017 was enacted to address the problem of ensuring that specific Commonwealth officers were properly identified and authorised to administer the Higher Education Loan Program (HELP). This instrument was made under subsection 180-28(8) of the Higher Education Support Act 2003 by the Australian Government. The primary policy objective is to ensure that officers involved in the administration of the HELP scheme, including those from the Australian Government Actuary, the Office of the Australian Government Actuary, the Department of Education, Skills and Employment, taxation officers, and employees of the University of Canberra, are clearly identified and authorised to carry out their functions under the Act. This legislative instrument specifies which Commonwealth officers are considered HELP Program Commonwealth Officers, thereby clarifying their roles and responsibilities within the framework of the Higher Education Support Act 2003. By doing so, it aims to streamline the administration of the HELP scheme and ensure that only appropriately authorised officers perform related functions. This is crucial for maintaining the integrity and efficiency of the program, which provides financial assistance to students enrolled in higher education courses.

Scope and Application

The Higher Education (HELP Program Commonwealth Officers) Instrument 2017, made under subsection 180-28(8) of the Higher Education Support Act 2003, specifies certain Commonwealth officers as HELP Program Commonwealth officers for the purposes of the Act. These officers include the Australian Government Actuary, officers employed by the Office of the Australian Government Actuary, Commonwealth officers engaged by the department, taxation officers performing specific functions, and employees of the University of Canberra engaged by the Commonwealth to perform designated functions. The Instrument aims to clarify the roles and responsibilities of these officers in relation to the Higher Education Loan Program (HELP). The geographic reach of this Instrument is national, as it applies to officers throughout Australia who are involved in the administration and oversight of the HELP scheme. Any exclusions or exemptions from the scope of the Instrument are not explicitly detailed in the text, but the specified officers are those who are integral to the implementation and management of the HELP Program. This Instrument can be extended or restricted through subordinate legislation, as indicated by the subsequent amendment in 2022, which specifically includes officers from the University of Canberra.

Key Provisions

The Higher Education (HELP Program Commonwealth Officers) Instrument 2017 (the Instrument) identifies specific Commonwealth officers who are designated as Higher Education Loan Program (HELP) Program Commonwealth Officers. This is done under subsection 180-28(8) of the Higher Education Support Act 2003 (the Act) (section 4). The officers specified include the Australian Government Actuary, Commonwealth officers employed by the Office of the Australian Government Actuary, Commonwealth officers engaged by the department for the purposes set out in subsection 180-28(5) of the Act, taxation officers performing functions for the purposes set out in that subsection, and employees of the University of Canberra engaged by the Commonwealth to perform the same functions (section 4(1)). The Instrument clarifies that the term "taxation officer" includes officers defined by the Taxation Administration Act 1953 or to whom Division 355 of that Act applies due to section 355-15 (section 4(2)). The Instrument imposes several obligations on the specified officers. These officers are responsible for carrying out functions related to the HELP program, which may include processing student loans, managing repayments, and ensuring compliance with the requirements of the Higher Education Support Act. By being designated as HELP Program Commonwealth Officers, these individuals are legally entrusted with the authority to perform these tasks on behalf of the Commonwealth. Their roles are critical in the administration of the HELP program, which provides financial assistance to students enrolled in higher education courses. Breaching the obligations set forth in the Instrument may lead to civil or criminal consequences. The specific penalties for non-compliance are not detailed within the text of the Instrument itself. However, violations of provisions under the Higher Education Support Act could potentially incur penalties as prescribed by that Act or any related legislation. These penalties may include fines or other sanctions, depending on the nature and severity of the breach. It is essential for the designated officers to adhere to their responsibilities to avoid any legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.