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 .

PERSONS WITHOUT ACCREDITATION NOT TO OFFER HIGHER EDUCATION AWARDS OR COURSES IN EXTERNAL TERRITORIES  
106ZN(1)
A person is guilty of an offence if:

(a) the person offers, or purports to offer, a course leading to a higher education award; and

(b) the offer, or purported offer, is in an external Territory; and

(c) the person is not:

(i) a listed self-accrediting entity; or

(ii) approved by the Minister as a self-accrediting entity under section 106ZQ in relation to that Territory; and

(d) the course is not accredited by the Minister under that section in relation to that Territory.

Penalty: 40 penalty units.

Note:

Subsection 4B(3) of the Crimes Act 1914 provides that the maximum penalty appropriate to a body corporate is 5 times the maximum penalty provided for a natural person.

106ZN(2)
A person is guilty of an offence if:

(a) the person offers, or purports to offer, a higher education award; and

(b) the offer, or purported offer, is in an external Territory; and

(c) the person is not:

(i) a listed self-accrediting entity; or

(ii) approved by the Minister as a self-accrediting entity in relation to that Territory under section 106ZQ ; and

(d) the offer, or purported offer, of the award is not dependent on the successful completion of a course accredited by the Minister under that section in relation to that Territory as the course leading to that award.

Penalty: 40 penalty units.

Note:

Subsection 4B (3) of the Crimes Act 1914 provides that the maximum penalty appropriate to a body corporate is 5 times the maximum penalty provided for a natural person.

106ZN(3)
For the purposes of an offence against subsection (1) or (2), strict liability applies:

(a) to the circumstance in subparagraph (1)(c)(ii) or (2)(c)(ii), as the case requires, that the power of approval is under section 106ZQ; and

(b) to the circumstance in paragraph (1)(d) or (2)(d), as the case requires, that the power of accreditation is under section 106ZQ .