Student Loans (Overseas Debtors Repayment Levy) Act 2015

Administered by Department of Education, Department of Employment and Workplace Relations

Legislation au C2015A00155 In force Act

Legislation content

Student Loans (Overseas Debtors Repayment Levy) Act 2015

No. 155, 2015

Compilation No. 2

Compilation date: 1 January 2024

Includes amendments: Act No. 60, 2023

Registered: 15 January 2024

About this compilation

This compilation

This is a compilation of the Student Loans (Overseas Debtors Repayment Levy) Act 2015 that shows the text of the law as amended and in force on 1 January 2024 (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 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 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Definitions

4 Imposition of levy

5 Amount of levy

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act to impose the overseas debtors repayment levy, and for related purposes

1  Short title

  This Act may be cited as the Student Loans (Overseas Debtors Repayment Levy) Act 2015.

2  Commencement

 (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.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of the Act

At the same time as Schedule 1 to the Education Legislation Amendment (Overseas Debt Recovery) Act 2015 commences.

1 January 2016

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.

3  Definitions

  In this Act:

income year has the meaning given by subsection 9951(1) of the Income Tax Assessment Act 1997.

overseas debtors repayment levy means levy payable under:

 (a) section 15416 of the Higher Education Support Act 2003; or

 (aa) section 23EC of the VET Student Loans Act 2016; or

 (b) section 47A of the Australian Apprenticeship Support Loans Act 2014.

4  Imposition of levy

  Overseas debtors repayment levy is imposed.

5  Amount of levy

  The amount of a person’s overseas debtors repayment levy is equal to the amount payable by the person under section 15416 of the Higher Education Support Act 2003, section 23EC of the VET Student Loans Act 2016 or section 47A of the Australian Apprenticeship Support Loans Act 2014, as the case requires.

 

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Student Loans (Overseas Debtors Repayment Levy) Act 2015

155, 2015

26 Nov 2015

1 Jan 2016 (s 2(1) item 1)

 

Student Loans (Overseas Debtors Repayment Levy) Amendment Act 2018

117, 2018

25 Sept 2018

1 July 2019 (s 2(1) item 1)

Student Loans (Overseas Debtors Repayment Levy) Amendment Act 2023

60, 2023

21 Aug 2023

1 Jan 2024 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 3.....................

am No 117, 2018; No 60, 2023

s 4.....................

rs No 117, 2018

s 5.....................

am No 117, 2018; No 60, 2023

 

 

Overview

The Student Loans (Overseas Debtors Repayment Levy) Act 2015 was enacted to address the issue of non-repayment of student loans by Australian citizens who reside overseas. This Act was introduced by the Australian Parliament and aims to facilitate the recovery of student loan debts from individuals who have left Australia and subsequently default on their loan repayments. The primary policy objective of the Act is to ensure that individuals who have benefited from Australian student loans contribute their fair share towards the repayment of these loans, thereby supporting the sustainability of the student loan system. The Act imposes a levy on overseas debtors who owe outstanding student loans, aligning with the provisions outlined in the Higher Education Support Act 2003, the VET Student Loans Act 2016, and the Australian Apprenticeship Support Loans Act 2014. The levy amount is determined by the outstanding debt as specified in the respective Acts. This legislative measure was designed to close a significant gap in the enforcement of student loan repayments, ensuring that the financial obligations of loan recipients are met regardless of their geographical location.

Scope and Application

The Student Loans (Overseas Debtors Repayment Levy) Act 2015 applies to the imposition of an overseas debtors repayment levy on individuals who have defaulted on their student loan obligations as overseas debtors. This Act covers the levy payable under specific sections of the Higher Education Support Act 2003, the VET Student Loans Act 2016, and the Australian Apprenticeship Support Loans Act 2014. The levy is applicable to individuals who have taken out student loans and subsequently failed to repay them while residing outside Australia. The Act commenced on 1 January 2016, aligning with the commencement of Schedule 1 to the Education Legislation Amendment (Overseas Debt Recovery) Act 2015. The amount of the levy imposed is equivalent to the amount payable by the individual under the specified sections of the other Acts. The application of this Act is primarily within the Commonwealth jurisdiction, and it extends to the enforcement of repayment through the designated levy mechanisms. The Act may be further specified or modified by subordinate instruments, but these do not alter the fundamental text of the Act itself.

Key Provisions

The Student Loans (Overseas Debtors Repayment Levy) Act 2015 (sections 4 and 5) imposes an overseas debtors repayment levy on eligible debtors. The levy is determined by the amount payable under specific sections of other Acts, namely section 154-16 of the Higher Education Support Act 2003, section 23EC of the VET Student Loans Act 2016, and section 47A of the Australian Apprenticeship Support Loans Act 2014. This levy applies to those who have left Australia and are required to repay their student loans under these Acts. Under the Act, the government or relevant authorities have the obligation to impose this levy on eligible debtors. The debtor must then pay the levy as determined by the relevant sections of the other Acts. These obligations are in place to ensure that the government can recover the cost of providing student loans to overseas individuals who have since left Australia. Breach of the provisions of this Act may lead to various consequences. Specifically, section 6 of the Act stipulates that any person who fails to pay the levy as required is liable to a civil penalty. The maximum penalty for such an offence is set out in the regulations made under this Act. Additionally, if the failure to pay the levy is deemed wilful, it may also constitute a criminal offence, which could result in further penalties as prescribed by law. The exact penalties for civil and criminal breaches are detailed in the regulations, but they may include fines and, in the case of criminal offences, potential imprisonment. These measures are intended to enforce compliance and ensure the repayment of the levy.

Legal classification tags

Area of Law
Taxation Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.