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 .

MINISTER TO ACT AS ACCREDITING AUTHORITY IN RELATION TO SOME PERSONS PROVIDING HIGHER EDUCATION IN EXTERNAL TERRITORIES  
106ZQ(1)
If a person:

(a) is not a listed self-accrediting entity; and

(b) wishes to operate in an external Territory as a university or other provider of courses leading to higher education awards;

the person must apply in writing to the Minister either:

(c) for approval of the person as a self-accrediting entity in relation to that Territory; or

(d) for accreditation in relation to that Territory of each course it proposes to offer.

106ZQ(2)
The regulations:

(a) may prescribe fees to be paid in respect of applications made under subsection (1); and

(b) for that purpose may take into account such costs as are directly or indirectly incurred by, or in assisting, the Minister to make a decision on such an application; and

(c) may set out the manner and times of payment of such fees.

106ZQ(3)
A person making an application under subsection (1) must pay such fees as are provided for in the regulations at such times as the regulations provide.

106ZQ(4)
If the person applies for approval as a self-accrediting entity in relation to an external Territory, the Minister may determine the person to be such a self-accrediting entity in relation to that Territory if the Minister is satisfied, following an assessment made having regard to the National Protocols, that it is appropriate that the person be empowered to issue its own qualifications.

106ZQ(5)
If the person applies for accreditation in relation to an external Territory of a particular course as a course leading to a higher education award, the Minister may accredit that course in relation to that Territory if the Minister is satisfied, following an assessment made having regard to the National Protocols, that the course, and the way of delivering it, are appropriate to the award.

106ZQ(6)
An approval of a person as a self-accrediting entity by the Minister:

(a) remains in force for the period that the Minister determines; and

(b) is subject to any conditions that the Minister imposes.

106ZQ(7)
An accreditation of a particular course by the Minister:

(a) remains in force for the period that the Minister determines; and

(b) is subject to any conditions that the Minister imposes.

106ZQ(8)
The Minister may amend or revoke an approval of a person under this section as a self-accrediting entity in relation to an external Territory at any time if the Minister is satisfied:

(a) that the person has breached a condition to which the person's approval is subject; or

(b) following a reassessment of the person's approval made having regard to the National Protocols - that the circumstances of the person have so changed that if the person were to apply for approval as a self-accrediting entity in relation to that Territory at that time, the Minister would refuse the application.

106ZQ(9)
The Minister may amend or revoke an accreditation of a course under this section in relation to an external Territory as a course leading to a higher education award at any time if the Minister is satisfied:

(a) that the person offering the course has breached a condition to which the course accreditation is subject; or

(b) following a reassessment of the course accreditation made having regard to the National Protocols - that the content of, or manner of providing, the course has so changed that, if the person providing the course were to apply for accreditation of the course in relation to that Territory at that time, the Minister would refuse the application.

106ZQ(10)
In this section:

person
does not include natural person.