HIGHER EDUCATION FUNDING ACT 1988
[ CCH Note: Act No 150 of 2003, s 3 and Sch 1 items 22 and 24, contains the following transitional provisions:
``Assessment statements
22(1)
A written statement that an assessing body for a listed professional occupation gave to a person, at a time before the commencement of the new Act, is taken to be an assessment statement for the purposes of the new Act if:
(a) the person held a qualification awareded in a foreign country; and
(b) the qualification related to that occupation; and
(c) the person proposed to seek entry to that occupation:
(i) in Australia; or
(ii) if the assessing body was an assessing body of a State or Territory - in that State or Territory; and
(d) the body gave the person a written statement to the effect that, in the body's opinion, if the person were to do any or all of the following:
(i) successfully undertake additional studies of a kind specified in the statement;
(ii) be successful in one or more examinations specified in the statement;
(iii) successfully undertake a tuition and training program of a kind specified in the statement;the person would meet the requirements for entry to that occupation.
Note:
A statement could specify one of the things mentioned in subparagraph (d)(i), (ii) or (iii) or any combination of the things mentioned in those subparagraphs.
22(2)
In this item:
assessing body
includes a person or body that, immediately before the commencement of the new Act, was an assessing body for the purposes of Chapter 4B of the old Act.
listed professional occupation
includes an occupation that, immediately before that commencement, was a listed professional occupation for the purposes of that Chapter.
occupation
includes a part of an occupation that, immediately before that commencement, was an occupation for the purposes of that Chapter.
Definitions
24
In this Schedule:
new Act
means the
Higher Education Support Bill 2003
.
old Act
means the
Higher Education Funding Act 1988
.'']
View history note
Hide history noteA person may make an application for a BOTP loan if:
(a) the person holds an assessment statement issued by a relevant assessing body for a listed professional occupation; and
(b) the person has enrolled in, or proposes to enrol in, a BOTP course for a study period at an institution; and
(c) the BOTP course relates to the assessment statement; and
(d) the study period began on or after 1 July 2002.
98X(2)
The application must be made on or before the census date for the BOTP course for the study period.
98X(3)
The application must state that the applicant asks the Commonwealth, in the event that, on the census date for the BOTP course for the study period, the applicant:
(a) meets the citizenship/residency requirements; and
(b) is enrolled in the BOTP course for the study period at the institution; and
(c) has not paid the full amount of the fees charged by the institution for so much of the BOTP course as is being undertaken by the applicant for the study period;
to lend to the applicant the amount of those fees outstanding and to use the amount so lent to pay the fees outstanding on behalf of the applicant.
98X(4)
The application must also acknowledge that, if the Commonwealth complies with the request, the applicant will be liable to make payments under Chapter 5A .
98X(5)
The application must be:
(a) in the approved form; and
(b) signed by the applicant; and
(c) given to an appropriate officer of the institution.
98X(6)
Two or more applications may be set out in the same document if the applications are made by the same person and relate to the same BOTP course.
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