HIGHER EDUCATION FUNDING ACT 1988

Saving of regulations made for Chapter 5C of the Higher Education Funding Act 1988  
23(1)
Regulations made for the purposes of paragraphs 106ZQ(2)(a) and (c) and subsection 106ZQ(3) of the old Act that were in force immediately before the repeal of Chapter 5C of the old Act are, on the commencement day, taken to have been made for the purposes of paragraphs 225-25(1)(a) and (c) and subsection 225-25(2) respectively of the new Act.

23(2)
On the commencement day, a reference in the regulations made for the purposes of paragraph 106ZQ(2)(a) of the old Act to an application under subsection 106ZQ(1) of the old Act is to be read as a reference to an application under section 225-1 of the new Act.

23(3)
In this item:

commencement day
is the day that Chapter 6 of the new Act commences.

OS-HELP - prior study requirements  
23A(1)
This item applies where:

(a) a student has completed a unit of study in Australia that counts towards the course requirements for a course of study at an institution; and

(b) the student undertook the unit of study at the institution in a semester; and

(c) the census date for the course for the semester is before 1 January 2005; and

(d) either:

(i) the course of study was a designated course of study and the student was a contributing student in relation to the course; or

(ii) the student was a merit-based equity scholarship holder in relation to the course; and

(e) on or after 1 January 2005, the student is enrolled in an undergraduate course of study with a higher education provider (the OS-HELP course ) and the unit of study counts towards the requirements of that course.

23A(2)
For the purposes of this item, such a unit is a pre-HESA unit and is taken to have an EFTSL value equal to its EFTSU value.

23A(3)
Where this item applies, the prior study requirements in relation to the OS-HELP course for the purposes of paragraph 118-1(1)(d) of the new Act are that the sum of:

(a) the total EFTSL value of all the pre-HESA units of study completed by the student; and

(b) the total EFTSL value of all other units of study (if any):

(i) that the student has completed in Australia that count towards the course requirements for the OS-HELP course; and

(ii) in relation to which the student was a Commonwealth supported student;

is at least one EFTSL.

23A(4)
In this item:

census date
has the same meaning as in Chapter 4 of the old Act.

contributing student
has the same meaning as in Chapter 4 of the old Act.

designated course of study
has the same meaning as in Chapter 4 of the old Act.

EFTSU
value has the same meaning as in the guidelines made under subsection 39(2) of the old Act.

institution
means an institution or body mentioned in any of the following:

(a) subsection 34(4) of the old Act;

(b) the definition of institution in subsection 98A(1) of the old Act;

(c) Schedule 1 to the old Act.

merit-based equity scholarship holder
means a student who is exempt under subsection 35(7) of the old Act.

Definitions  
24
In this Schedule:

new Act
means the Higher Education Support Act 2003 .

old Act
means the Higher Education Funding Act 1988 .

DEFINITIONS  
106ZL(1)
In this Chapter, unless the contrary intention appears:

Australian Qualifications Framework
means the framework for recognition and endorsement of qualifications established by the Council:

(a) comprised of the Ministers responsible for education, employment, training and youth affairs (howsoever called) for the Commonwealth and each State; and

(b) known as the Ministerial Council on Education, Employment, Training and Youth Affairs;

to give effect to agreed standards in relation to the provision of education in Australia.

Note:

State is defined in section 3 to include the Australian Capital Territory and the Northern Territory.

Australian Qualifications Framework Register
means the Register:

(a) that is called the Register of Authorities empowered by Government to Accredit Post-compulsory Education and Training; and

(b) that is maintained by the advisory board to the Australian Qualifications Framework.

higher education award
means:

(a) a degree, status, title or description of bachelor, master or doctor; or

(b) an award of graduate diploma or graduate certificate; or

(c) another award prescribed by regulation for the purposes of this definition.

listed self-accrediting entity
means a person whose name is included, or who owns or controls a business name that is included, in the list of Higher Education Institutions (Self-accrediting) contained in the Australian Qualifications Framework Register as the name of a university or other higher education institution empowered to issue its own qualifications.

National Protocols
has the same meaning as in Chapter 4A .

106ZL(2)
In this Chapter, a reference to a person operating, or purporting to operate, in an external Territory:

(a) as a university, or part of a university, providing courses leading to higher education awards; or

(b) as another provider of courses leading to higher education awards;

includes a reference to a person operating, or purporting to operate, as such a university, part of a university or other provider in or from that Territory by means of any of the following telecommunication devices:

(c) a computer adapted for communicating by way of the Internet or another communications network;

(d) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or other communications network;

(e) a telephone;

(f) any other electronic device.

106ZL(3)
In this Chapter, a reference to a person offering, or purporting to offer, in an external Territory, courses leading to higher education awards, includes a reference to such a person offering, or purporting to offer, such courses in or from that Territory by means of any of the telecommunication devices referred to in subsection (2).