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
.'']
A reference in this Chapter to the requirements for entry to a listed professional occupation is a reference to the educational requirements for entry to that occupation, but does not include a reference to:
(a) English language training relating to general aspects of written and/or verbal communication; or
(b) being successful in:
(i) the Occupational English Test administered by Language Australia; or
(ii) any other English language test, where that test does not form an integral part of an occupation-related study unit, an occupation-related course of instruction or an occupation-related tuition and training program.
98R(2)
For the purposes of this Chapter, a requirement for entry to a listed professional occupation may:
(a) be imposed by or under a law; or
(b) be imposed by or under the rules of a body; or
(c) consist of eligibility for membership of a body; or
(d) arise as a generally accepted employment or industry practice.
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