HIGHER EDUCATION FUNDING ACT 1988
CHAPTER 4
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HIGHER EDUCATION CONTRIBUTION SCHEME
PART 4.1
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PRELIMINARY
SECTION 35
EXEMPT STUDENTS
35(1)
This section has effect for the purposes of this Chapter.
35(2)
A post-graduate award student in relation to a post-graduate course of study at an institution in respect of a semester is an exempt student in relation to that course of study in respect of that semester.
35(3)
A person who proposes to attend or participate in but not to enrol for, is attending or participating in but is not enrolled for, or has attended or participated in but was not enrolled for, a course of study is, and shall be taken to have been at all times, an exempt student in relation to that course of study.
35(4)
An overseas student in relation to a course of study at an institution in respect of a semester is an exempt student in relation to that course of study in respect of that semester.
35(4A)
A student of The University of Notre Dame Australia who pays fees for a course of study at that University in respect of a semester is an exempt student in relation to that course of study in respect of that semester.
35(5)
A student is an exempt student in relation to a course of study in respect of a semester if:
(a) all of the places in that course of study in respect of that semester are fully funded by an employer within the meaning of subsection (6); and
(b) at least some of the places so funded are funded to assist the institution providing the course to meet the needs of the employer; and
(c) the student will occupy one of those fully funded places whether or not the student is an employee of the employer.
35(5A)
A student is an exempt student in relation to a course of study in respect of a semester if:
(a) the student will occupy a place in that course of study in respect of that semester; and
(b) that place is jointly funded by an employer within the meaning of subsection (6) and by the Commonwealth; and
(c) the student is, in accordance with guidelines issued by the Minister for the purposes of this section, declared by the institution providing the course of study to be an exempt student.
35(5B)
The Minister may make guidelines for the purposes of subsection (5A) setting out the circumstances in which an institution may declare that a student occupying a place in a course of study in respect of a semester:
(a) that is provided by that institution; and
(b) that is jointly funded by an employer within the meaning of subsection (6) and by the Commonwealth;
35(6)
In subsections (5), (5A) and (5B), employer means a person who pays, or is liable to pay, salary or wages and includes:
(a) the Commonwealth, a State or a Territory; or
(b) any instrumentality of the Commonwealth, a State or a Territory.
35(7)
A student is an exempt student in relation to a course of study at an institution in respect of a semester if:
(a) the institution has awarded the student a merit-based equity scholarship for the course; and
(b) the institution awarded the scholarship in accordance with guidelines issued by the Minister for the purposes of this subsection.
35(8)
A student is an exempt student in relation to a course of study in respect of a semester if:
(a) the student is a New Zealand citizen because of the operation of section 29 of the Citizenship Act 1977 of New Zealand; and
(b) the student's study is being sponsored or funded by the Australian International Development Assistance Bureau; and
(c) fees in respect of the student for the course of study are to be charged under guidelines issued under paragraph (d) of the definition of fees in section 3 .
[ CCH Note 1: Act No 150 of 2003, s 3 and Sch 1 items 1 to 5 and 24, contains the following transitional provisions:
``Part 1 - Transitional arrangement for students under the Higher Education Contribution Scheme
Student contribution amounts for students under the Higher Education Contribution Scheme
1(1)
If:
(a) a person is enrolled with an institution in a unit of study that forms part of a course of study that the person started before 1 January 2005; and
(b) the period over which the person is undertaking the unit ends on or before 31 December 2008; and
(c) the person is a contributing student within the meaning of Chapter 4 of the Higher Education Funding Act 1988 ; and
(d) the course is a designated course of study within the meaning of that Chapter; and
(e) (Omitted)
(f) the person:
(i) is entitled to HECS-HELP assistance for the unit; or
(ii) would be entitled to HECS-HELP assistance for the unit but for paragraph 90-1(1)(a) or (c), or paragraphs 90-1(1)(a) and (c), of the Higher Education Support Act 2003 ; and
(g) the person has neither:
(i) discontinued his or her enrolment in the course since that commencement (see item 2); nor
(ii) completed the requirements of the course;then:
(h) if the institution is not (apart from this item) a higher education provider - the institution is taken, for the purposes of the application of the Higher Education Support Act 2003 in relation to the person and the unit, to be a higher education provider; and
(i) if subparagraph (f)(ii) applies and the person is not an excepted student - the person is taken, for the purposes of that Act, to be entitled to HECS-HELP assistance for the unit; and
(j) the person is taken, for the purposes of that Act, to be a Commonwealth supported student in relation to the unit; and
(k) the student contribution amount for the unit is taken, for the purposes of that Act, not to exceed the amount that would be worked out under section 93-5 of that Act if the maximum student contribution amount per place for the unit were worked out under item 3.
1(2)
However, this item does not apply if the person has notified an appropriate officer of the institution, under subsection 36-5(3) of the Higher Education Support Act 2003 , that he or she does not wish to be a Commonwealth supported student in relation to the unit.
1(3)
In this item:excepted student
has the meaning given by subsection 41(3) of the Higher Education Funding Act 1988 .
Discontinuance of enrolments
2
A person is not taken, for the purposes of subparagraph (1)(g)(i) of item 1, to have discontinued his or her enrolment in a course of study merely because:
(a) the person has taken leave of absence from, or has deferred, the course, with the approval of the institution with which the person is undertaking the course; or
(b) the person transfers his or her enrolment in the course to another course of study at the same level with the same or another institution or higher education provider; or
(c) circumstances have occurred that are specified in the guidelines under item 5 as not amounting to a discontinuance of enrolment. Maximum student contribution amounts per place
3(1)
If a person to whom item 1 applies started the course of study in question before 1 January 1997, the maximum student contribution amount per place for the unit is $2,830.
3(2)
If a person to whom item 1 applies started the course of study in question on or after 1 January 1997, the maximum student contribution amount per place for the unit is:
(a) if the unit is included in a funding cluster that is referred to in the following table - the amount specified in the table in relation to that funding cluster; or
(b) if the unit is included in a funding cluster that has been varied or added by the Commonwealth Grant Scheme Guidelines - the amount specified in the guidelines under item 5 in relation to that funding cluster.
Maximum amounts per place Item Funding clusters Maximum student contribution amount per place 1 Law $6,283 2 Accounting, Administration, Economics, Commerce $5,367 3 Humanities $3,768 4 Mathematics, Statistics $5,367 5 Behavioural Science, Social Studies $3,768 6 Computing, Built Environment, Health $5,367 7 Foreign Languages, Visual and Performing Arts $3,768 8 Engineering, Science, Surveying $5,367 9 Dentistry, Medicine, Veterinary Science $6,283 10 Agriculture $5,367 11 Education $3,768 12 Nursing $3,768 Note:
For the funding clusters in which particular units of study are included see the Commonwealth Grant Scheme Guidelines made for the purposes of section 33-35 of the Higher Education Support Act 2003 .
3(3)
A maximum student contribution amount per place under this item is indexed under Part 5-6 of the Higher Education Support Act 2003 as if:
(a) it was an amount referred to in the table in section 198-5 of that Act; and
(b) the first year of indexation in relation to the amount was the year 2005.
Guidelines
4(1)
The Minister may, in writing, make guidelines providing for matters:
(a) required or permitted by this Schedule to be provided; or
(b) necessary or convenient to be provided in order to carry out or give effect to this Schedule.
4(2)
Without limiting subitem (1), the guidelines may provide for:
(a) when a person is taken to have commenced a course of study; and
(b) when a person is taken to have completed the requirements of a course of study.Any such guidelines have effect, for the purposes of this Schedule, accordingly.
4(3)
The guidelines are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .
Meaning of institution
5
In this Schedule:institution
Definitions
has the same meaning as in the Higher Education Funding Act 1988 .
24
In this Schedule:new Act
means the Higher Education Support Bill 2003 .old Act
means the Higher Education Funding Act 1988 .''
CCH Note 2: Act No 150 of 2003, s 3 and Sch 1 item 22A and 24, contains the following further provisions:
``Fee-waiver scholarships in the year 2004
22A(1)
The amount or value of a scholarship in respect of the year 2004 is taken not to be income for the purposes of the Social Security Act 1991 if:
(a) the scholarship is provided by an institution (within the meaning of the old Act) or by an institution or body referred to in Schedule 1 to the old Act; and
(b) the scholarship is in the form of a waiver of all of the fees (within the meaning of the old Act) that the person would be liable to pay to the institution or body in connection with a course of study (within the meaning of the old Act); and
(c) the course of study is not a designated course of study (within the meaning of Chapter 4 of the old Act).
22A(2)
Subitem (1) does not affect whether the amount or value of a scholarship in relation to which that subitem does not apply is income for the purposes of the Social Security Act 1991 .
Definitions
24
In this Schedule:new Act
means the Higher Education Support Bill 2003 .old Act
means the Higher Education Funding Act 1988 .'']
This section has effect for the purposes of this Chapter.
35(2)
A post-graduate award student in relation to a post-graduate course of study at an institution in respect of a semester is an exempt student in relation to that course of study in respect of that semester.
35(3)
A person who proposes to attend or participate in but not to enrol for, is attending or participating in but is not enrolled for, or has attended or participated in but was not enrolled for, a course of study is, and shall be taken to have been at all times, an exempt student in relation to that course of study.
35(4)
An overseas student in relation to a course of study at an institution in respect of a semester is an exempt student in relation to that course of study in respect of that semester.
35(4A)
A student of The University of Notre Dame Australia who pays fees for a course of study at that University in respect of a semester is an exempt student in relation to that course of study in respect of that semester.
View history note
Hide history note35(5)
A student is an exempt student in relation to a course of study in respect of a semester if:
(a) all of the places in that course of study in respect of that semester are fully funded by an employer within the meaning of subsection (6); and
(b) at least some of the places so funded are funded to assist the institution providing the course to meet the needs of the employer; and
(c) the student will occupy one of those fully funded places whether or not the student is an employee of the employer.
35(5A)
A student is an exempt student in relation to a course of study in respect of a semester if:
(a) the student will occupy a place in that course of study in respect of that semester; and
(b) that place is jointly funded by an employer within the meaning of subsection (6) and by the Commonwealth; and
(c) the student is, in accordance with guidelines issued by the Minister for the purposes of this section, declared by the institution providing the course of study to be an exempt student.
35(5B)
The Minister may make guidelines for the purposes of subsection (5A) setting out the circumstances in which an institution may declare that a student occupying a place in a course of study in respect of a semester:
(a) that is provided by that institution; and
(b) that is jointly funded by an employer within the meaning of subsection (6) and by the Commonwealth;
is an exempt student.
35(6)
In subsections (5), (5A) and (5B), employer means a person who pays, or is liable to pay, salary or wages and includes:
(a) the Commonwealth, a State or a Territory; or
(b) any instrumentality of the Commonwealth, a State or a Territory.
35(7)
A student is an exempt student in relation to a course of study at an institution in respect of a semester if:
(a) the institution has awarded the student a merit-based equity scholarship for the course; and
(b) the institution awarded the scholarship in accordance with guidelines issued by the Minister for the purposes of this subsection.
[ CCH Note: Act No 150 of 2003 (as amended by No 157 of 2004), s 3 and Sch 1 items 20 and 24, contains the following transitional provisions:
``Merit based equity scholarships
20(1)
A student who:
(a) before the commencement of the new Act, was awarded a merit-based equity scholarship referred to in subsection 35(7) of the old Act for a course of study at an institution (as defined for the purposes of Chapter 4 of the old Act); and
(b) continues to undertake that course at the institution after that commencement;is taken, for the purposes of the new Act, to be an exempt student for all of the units of study that he or she undertakes as part of that course at that institution.
20(2)
However, this item does not apply if the institution is not a higher education provider.
Definitions
24
In this Schedule:new Act
means the Higher Education Support Bill 2003 .old Act
means the Higher Education Funding Act 1988 .'']
35(8)
A student is an exempt student in relation to a course of study in respect of a semester if:
(a) the student is a New Zealand citizen because of the operation of section 29 of the Citizenship Act 1977 of New Zealand; and
(b) the student's study is being sponsored or funded by the Australian International Development Assistance Bureau; and
(c) fees in respect of the student for the course of study are to be charged under guidelines issued under paragraph (d) of the definition of fees in section 3 .
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