HIGHER EDUCATION FUNDING ACT 1988
CHAPTER 4
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HIGHER EDUCATION CONTRIBUTION SCHEME
PART 4.2
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CONTRIBUTIONS
Division 2
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Imposition and payment of contributions
SECTION 41
REQUIREMENTS BEFORE ENROLMENT OR UNDERTAKING COURSE
41(1)
An institution shall not permit a contributing student who is not an excepted student to enrol for, or undertake, a designated course of study in a semester unless:
(a) the student:
(b) the student has given to the appropriate officer of the institution a document in the approved form, signed by the student:
(c) subsection (1A) applies to the student.
41(1A)
This subsection applies to the student if the student:
(a) has made a student payment (see subsection (1B)) to the institution in respect of a course of study in a semester; and
(b) has made the student payment on or before the census date in respect of the course in respect of that semester; and
(c) has given to the appropriate officer of the institution a document in the approved form, signed by the student:
41(1B)
For the purposes of subsection (1A):
41(1C)
If an amount worked out by using the formula in subsection (1A) is an amount made up of dollars and cents, then:
(a) if the amount of cents in the amount is 50 - the amount is to be rounded up to the nearest dollar; and
(b) in any other case - the amount is to be rounded up or down to the nearest dollar.
41(2)
An institution must not permit a contributing student who is an excepted student to enrol for, or undertake, a designated course of study in a semester unless the student has paid to the institution the total amount of the contribution that the institution assesses will be payable by the student in respect of the course of study in respect of that semester if the student is undertaking the course of study as a contributing student on the census date in respect of the course of study in respect of that semester.
41(3)
In subsections (1) and (2), excepted student , in relation to a designated course of study in respect of a semester, means:
(a) a student who, on the day ( enrolment day ) on which he or she completes enrolment for the course in respect of that semester, is a New Zealand citizen, other than a New Zealand citizen who:
(b) a student (other than a New Zealand citizen) who:
(c) a student (other than a New Zealand citizen) who:
41(4)
For the purposes of subsection (3), the prescribed residency requirements for a person on a particular day are that the person:
(a) should have been present in Australia as a permanent resident for a period of, or for periods amounting in the aggregate to, not less than one year during the period of 2 years immediately preceding that day; and
(b) should have been present in Australia as a permanent resident for a period of, or for periods amounting in the aggregate to, not less than 2 years during the period of 5 years immediately preceding that day.
41(5)
In determining, for the purpose of subparagraph (3)(c)(ii), whether a person will be resident outside Australia for the duration of the designated course in a semester, any period of residence in Australia that cannot reasonably be regarded as indicating an intention to reside in Australia for the duration of the course in that semester must be disregarded.
[ 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 .'']
An institution shall not permit a contributing student who is not an excepted student to enrol for, or undertake, a designated course of study in a semester unless:
(a) the student:
(i) has paid to the institution 75% (or such greater percentage as the student chooses) of the contribution that the institution assesses will be payable by the student in respect of the course of study in respect of that semester if the student is undertaking the course of study as a contributing student on the census date in respect of the course of study in respect of that semester; and
(ii) has given to the appropriate officer of the institution a document in the approved form, signed by the student, stating that the student requests the Commonwealth, in the event of the student undertaking the course of study as a contributing student on the census date in respect of the course of study in respect of any semester and paying at least 75% of the contribution payable by the student in respect of the course of study in respect of the semester concerned, to pay to the institution the remainder (if any) of that contribution in discharge of the student's liability to pay that remainder of that contribution; or
(b) the student has given to the appropriate officer of the institution a document in the approved form, signed by the student:
(i) stating that the student asks the Commonwealth, if the student is undertaking the course of study as a contributing student on the census date for the course of study for any semester without having paid at least $500 or at least 75% of the contribution payable by the student for the course of study for the semester concerned (providing that this amount is less than $500):
(A) to lend to the student an amount equal to the unpaid part of the contribution; and
(B) to apply the amount lent in discharge of the student's liability to pay the unpaid part of the contribution; and
(ii) acknowledging that, if the Commonwealth complies with the request, the student will be liable to make payments in accordance with Chapter 5A ; or
(c) subsection (1A) applies to the student.
41(1A)
This subsection applies to the student if the student:
(a) has made a student payment (see subsection (1B)) to the institution in respect of a course of study in a semester; and
(b) has made the student payment on or before the census date in respect of the course in respect of that semester; and
(c) has given to the appropriate officer of the institution a document in the approved form, signed by the student:
(i) stating that the student asks the Commonwealth, if the student is undertaking the course as a contributing student on the census date for the course for a semester and has made a student payment for the course:
(A) to lend to the student an amount (the formula amount ) worked out using the following formula:
(B) to apply the money lent in paying to the institution, in discharge of the student's liability to pay the remainder of the assessed contribution (see subsection (1B)), the amount of that assessed contribution outstanding after deducting from that assessed contribution the amount of the student payment; and
(ii) stating that the student asks the Commonwealth if, having made one or more student payments in respect of the course, the student is undertaking the course in a later semester as a contributing student on the census date for the course without having made a student payment in respect of the course in that semester on or before the census date for the course for that semester:
(A) to lend to the student an amount equal to the unpaid part of the assessed contribution; and
(B) to apply the amount lent in discharge of the student's liability to pay the unpaid part of the assessed contribution; and
(iii) acknowledging that, if the Commonwealth complies with a request, the student will be liable to make payments in accordance with Chapter 5A .
If the student's assessed contribution for the course of study is $2,350 and the student makes a payment of $1,000, the amount that the Commonwealth will lend to the student is $1,017, ie:
This amount is the formula amount (see sub-subparagraph (1A)(c)(i)(A)).
The amount that the Commonwealth will pay to the institution to discharge the student's liability is $1350, ie:
$2,350 − $1,000
The value to the student of the discount for making the student payment of $1,000 is $333 (this amount forms part of the amount the Commonwealth pays to the institution to discharge the student's liability), ie:
$1,350 − $1,017
41(1B)
For the purposes of subsection (1A):
assessed contribution
, in relation to a course of study, means the contribution that an institution assesses will be payable by a student in respect of the course at the institution in respect of a semester, if the student is undertaking the course as a contributing student on the census date in respect of that course in respect of that semester.
student payment
means an amount of $500 or more that is less than 75% of the assessed contribution payable by the student in respect of a course of study.
41(1C)
If an amount worked out by using the formula in subsection (1A) is an amount made up of dollars and cents, then:
(a) if the amount of cents in the amount is 50 - the amount is to be rounded up to the nearest dollar; and
(b) in any other case - the amount is to be rounded up or down to the nearest dollar.
41(2)
An institution must not permit a contributing student who is an excepted student to enrol for, or undertake, a designated course of study in a semester unless the student has paid to the institution the total amount of the contribution that the institution assesses will be payable by the student in respect of the course of study in respect of that semester if the student is undertaking the course of study as a contributing student on the census date in respect of the course of study in respect of that semester.
41(3)
In subsections (1) and (2), excepted student , in relation to a designated course of study in respect of a semester, means:
(a) a student who, on the day ( enrolment day ) on which he or she completes enrolment for the course in respect of that semester, is a New Zealand citizen, other than a New Zealand citizen who:
(i) is also an Australian citizen; or
(ii) is the holder of a permanent visa and:
(A) does not, on enrolment day, satisfy the prescribed residency requirements; or
(B) if, on enrolment day, he or she satisfies the prescribed residency requirements - first satisfied those requirements on a day within the period of 12 months immediately preceding enrolment day; or
(b) a student (other than a New Zealand citizen) who:
(i) is a permanent resident; and
(ii) on enrolment day satisfies the prescribed residency requirements; and
(iii) first satisfied the prescribed residency requirements on a day more than one year before enrolment day; or
(c) a student (other than a New Zealand citizen) who:
(i) is a permanent resident; and
(ii) will be resident outside Australia for the duration of a course in that semester for a reason other than a requirement of the course;
but does not include a student who has been granted an approval to become an Australian citizen under section 24 of the Australian Citizenship Act 2007 and who has yet to make the pledge referred to in section 26 of that Act.
View history note
Hide history note41(4)
For the purposes of subsection (3), the prescribed residency requirements for a person on a particular day are that the person:
(a) should have been present in Australia as a permanent resident for a period of, or for periods amounting in the aggregate to, not less than one year during the period of 2 years immediately preceding that day; and
(b) should have been present in Australia as a permanent resident for a period of, or for periods amounting in the aggregate to, not less than 2 years during the period of 5 years immediately preceding that day.
41(5)
In determining, for the purpose of subparagraph (3)(c)(ii), whether a person will be resident outside Australia for the duration of the designated course in a semester, any period of residence in Australia that cannot reasonably be regarded as indicating an intention to reside in Australia for the duration of the course in that semester must be disregarded.
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