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
.'']
Sections 41A , 41B , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 and 53 apply in relation to the tax file number of a student as if:
(a) any references in those sections to student were references to student within the meaning of Chapter 4B ; and
(aa) any references in those sections to institution were references to institution within the meaning of Chapter 4B ; and
(b) any reference in those sections to semester were references to study period within the meaning of Chapter 4B ; and
(c) the references in paragraphs 41A(1) (a) and 41B(1) (a) to a contributing student were references to a student within the meaning of Chapter 4B ; and
(d) the references in paragraphs 41A(1) (a) and 41B(1) (a) to giving a document as mentioned in paragraph 41(1) (b) or 41(1A) (c) were references to making an application under section 98X; and
(e) the references in paragraph 41A(1) (b), subsection 41A(2) and paragraph 41B(1) (b) to the document were references to the application; and
(f) the reference in paragraph 41B(1) (a) to a designated course of study were a reference to a BOTP course; and
(g) the references in subsection 50(4) , paragraph 52(1A) (a) and subsection 53(1A) to this Chapter were references to Chapter 4B.
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