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 noteThis section operates if:
(a) the institution receives notice under subsection 42(3) or (5) as applied by section 98Y to the effect that a person who has made an application under section 98X for a BOTP loan does not have, or no longer has, a tax file number; and
(b) at the end of 28 days after the institution receives that notice, the institution has not been notified of a number that the institution is satisfied (in accordance with guidelines issued by the Commissioner) is the person's tax file number.
98ZB(2)
The Commonwealth is not liable, and is taken never to have been liable:
(a) to lend an amount to the person under paragraph 98ZA(2)(a); or
(b) to apply any amount in making a payment to the institution under paragraph 98ZA(2)(b) in discharge of a liability of the person.
98ZB(3)
The regulations may set out procedures for the institution to notify persons who may be affected by subsection (2).
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