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Monday, 9 November 2015
Page: 8037


Senator SIMMS (South Australia) (20:26): by leave—In respect of the Education Legislation Amendment (Overseas Debt Recovery) Bill 2015, I move Greens amendments (1) to (3) on sheet 7781:

(1) Clause 2, page 3 (table item 6), omit "items 6 to 10", substitute "items 6 to 12".

(2) Schedule 1, item 11, page 8 (lines 5 to 21), omit the item, substitute:

11 Application of section 154 -16

   Section 154-18 of the Higher Education Support Act 2003, as inserted by this Act, applies to persons who leave Australia after the commencement of this item.

12 Application of amendments—pre -commencement debt

(1) If:

   (a) immediately before commencement a person is a foreign resident for an income year (the first income year); and

   (b) immediately before commencement the person has an accumulated HELP debt or otherwise has a HELP debt that has not been discharged; and

   (c) the person does not incur any additional HELP debt after commencement for the first income year or any later income year (other than any additional debt that arises as a result of indexation of the person's accumulated HELP debt or other HELP debt);

   the amendments made by this Schedule to the Higher Education Support Act 2003 do not apply in relation to the person:

   (d) for the first income year; and

   (e) if the person continues to be a foreign resident for one or more later income years—each later income year for which the person continues to be a foreign resident.

(2) In this item:

   commencement means the day on which this item commences.

13 Application of amendments—pre and post -commencement debt

(1) If:

   (a) immediately before commencement a person is a foreign resident for an income year; and

   (b) immediately before commencement the person has an accumulated HELP debt or otherwise has a HELP debt that has not been discharged (pre-commencement debt) for the income year; and

   (c) the person incurs additional HELP debt after commencement for an income year (other than any additional debt that arises as a result of indexation of the person's accumulated HELP debt or other HELP debt) (post-commencement debt);

   then:

   (d) the amendments made by this Schedule to the Higher Education Support Act 2003 apply in relation to any post-commencement debt (including any indexation of that debt); and

   (e) section 154-16 of that Act, as inserted by this Schedule, does not apply in relation to the pre-commencement debt.

Note: Paragraph (1)(e) only relates to the levy under section 154-16 (which is imposed under the Student Loans (Overseas Debtors Repayment Levy) Act 2015), it does not affect any other liability for payment under the Higher Education Support Act 2003.

(2) In this item:

   commencement means the day on which this item commences.

(3) Schedule 2, item 10, page 13 (lines 5 to 21), omit the item, substitute:

10 Application of section 47C

   Section 47C of the Trade Support Loans Act 2014, as inserted by this Act, applies to persons who leave Australia after the commencement of this item.

11 Application of amendments—pre -commencement debt

(1) If:

   (a) immediately before commencement a person is a foreign resident for an income year (the first income year); and

   (b) immediately before commencement the person has an accumulated TSL debt or otherwise has a TSL debt that has not been discharged; and

   (c) the person does not incur any additional TSL debt after commencement for the first income year or any later income year (other than any additional debt that arises as a result of indexation of the person's accumulated TSL debt or other TSL debt);

   the amendments made by this Schedule to the Trade Support Loans Act 2014 do not apply in relation to the person:

   (d) for the first income year; and

   (e) if the person continues to be a foreign resident for one or more later income years—each later income year for which the person continues to be a foreign resident.

(2) In this item:

   commencement means the day on which this item commences.

12 Application of amendments—pre and post -commencement debt

(1) If:

   (a) immediately before commencement a person is a foreign resident for an income year; and

   (b) immediately before commencement the person has an accumulated TSL debt or otherwise has a TSL debt that has not been discharged (pre-commencement debt) for the income year; and

(c) the person incurs additional TSL debt after commencement for an income year (other than any additional debt that arises as a result of indexation of the person's accumulated TSL debt or other TSL debt) (post-commencement debt);

   then:

   (d) the amendments made by this Schedule to the Trade Support Loans Act 2014 apply in relation to any post-commencement debt (including any indexation of that debt); and

   (e) section 47A of that Act, as inserted by this Schedule, does not apply in relation to the pre-commencement debt.

Note: Paragraph (1)(e) only relates to the levy under section 47A (which is imposed under the Student Loans (Overseas Debtors Repayment Levy) Act 2015), it does not affect any other liability for payment under the Trade Support Loans Act 2014.

(2) In this item:

   commencement means the day on which this item commences.