Higher Education Support Act 2003

Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part 2-4 of the Higher Education Support Act 2003 in respect of the year 2008 or a later year. The heading formerly read:

Chapter 2 - Grants for higher education assistance

S 19-88 repealed by No 121 of 2006, s 3 and Sch 3 item 2, effective 4 November 2006. No 121 of 2006, s 3 and Sch 3 item 13, contains the following savings provision:

13 Saving provision for determinations of student contribution amounts for student cohorts  
(1)
This item applies to a determination (the saved determination ) made by a higher education provider under section 19-88 of the Higher Education Support Act 2003 before that section was repealed.

(2)
Section 19-97 of the Higher Education Support Act 2003 continues to apply in relation to the saved determination despite the repeal of that section.

(3)
The definition, in subsection 93-5(1) of the Higher Education Support Act 2003 , of a person's student contribution amount for a unit is modified if:

(a) the person is in the student cohort to which the saved determination relates; and

(b) the saved determination has not been revoked under subitem (4); and

(c) the unit forms part of a course of study with the provider who made the saved determination; and

(d) the person is undertaking the unit with the provider; and

(e) the person satisfies any conditions that apply to the cohort under the saved determination;

so that the person's student contribution amount for a place in the unit is the student contribution amount for the unit specified in the saved determination.

(4)
The provider may revoke the saved determination if the provider:

(a) does so:

(i) before the date set out in the Higher Education Provider Guidelines; and

(ii) in the circumstances (if any) specified in the Higher Education Provider Guidelines; or

(b) does so with the written approval of the Minister.

(5)
From the time the provider revokes the saved determination, a determination in effect under section 19-87 starts to apply, according to its terms, to the students who were in the cohort.

(6)
Before revoking the saved determination, the provider must notify the students who are in the cohort of the provider's intention to revoke the determination.

(7)
The Higher Education Provider Guidelines made under the Higher Education Support Act 2003 may provide for matters:

(a) required or permitted by this item to be provided; or

(b) necessary or convenient to be provided in order to carry out or give effect to this item.

(8)
Expressions used in this item that are defined in the Higher Education Support Act 2003 have the same meaning in this item as they have in that Act.

S 19-88 formerly read:

SECTION 19-88 Determining student contribution amounts for places in units for student cohorts  
19-88(1)
This section applies to a unit of study:

(a) that a higher education provider provides or proposes to provide as part of a *student cohort's *course of study; and

(b) in which the provider may enrol students as *Commonwealth supported students.

19-88(2)
In addition to the amount determined under section 19-87 , the provider may determine a *student contribution amount for a place in the unit that is only to apply to students in that *student cohort who may enrol in the unit as part of the cohort's *course of study. However, the provider must determine the amount in the year before the cohort commences its course of study.

19-88(3)
The provider may only determine one amount for the unit to apply to students in that *student cohort.

19-88(4)
The provider may also determine conditions for that *student cohort that are to apply in relation to the *student contribution amount for a place in the unit.

19-88(5)
However, the provider may only determine conditions under subsection (4) of the kind or kinds specified for the purposes of that subsection in the Higher Education Provider Guidelines.