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 noteAn institution must give a written notice under this subsection to each student who:
(a) is enrolled in a BOTP course at the institution on the census date for that course for a study period; and
(b) has made an application under section 98X for a BOTP loan on or before the census date for that course for that study period.
98Z(2)
The notice must:
(a) set out particulars of so much of that course as is being undertaken by the student for that study period; and
(b) specify the full amount of the fees charged by the institution for so much of that course as is being undertaken by the student for that study period; and
(c) specify the amount of those fees that has been paid by the student on or before the census date for that course for that study period; and
(d) specify the amount of those fees outstanding in respect of the student immediately after the census date for that course for that study period.
98Z(3)
A notice to a student under subsection (1) in relation to a study period must be given on or before a date specified by the Minister by notice published in the Gazette in relation to that study period for the purposes of this section.
98Z(4)
If, after giving a notice to a student under subsection (1) or this subsection, the institution is satisfied that a material particular in the notice was not, or has ceased to be, correct, the institution must give a further written notice to the student setting out the correct particular.
98Z(5)
A notice under this section is given for the purpose only of providing information to a student, and the liability of a student to pay fees charged by the institution is not affected:
(a) if the institution fails to give a notice or to give a notice by the specified date; or
(b) if there is an incorrect statement in the notice.
98Z(6)
A notice under this section must set out the effect of subsections 55(1) and (2) , as applied in relation to the notice by subsection (7).
98Z(7)
Section 55 applies in relation to a notice under this section as if:
(a) any references in that section to student were references to student within the meaning of Chapter 4B; and
(aa) any references in that section to institution were references to institution within the meaning of Chapter 4B ; and
(b) the references in subsections 55(1) and (4) to section 54 were references to section 98Z ; and
(c) the reference in subsection 55(3) to the liability of the student to pay the contribution were a reference to the liability of the student to pay fees charged by the institution; and
(d) the reference in subsection 55(4) to subsection 54(3) were a reference to subsection 98Z(4) .
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