HIGHER EDUCATION FUNDING ACT 1988

CHAPTER 5 - OPEN LEARNING DEFERRED PAYMENT SCHEME  

PART 5.1 - PRELIMINARY  

SECTION 99   INTERPRETATION  

99(1)    
In this Chapter, unless the contrary intention appears:

Agency
means Open Learning Agency of Australia Pty. Ltd. (Australian Corporation No. 053 431 888).

appropriate officer
means a person appointed by the Agency to be an appropriate officer for the purposes of this Chapter.

approved course of study
, in relation to a client of the Agency, means an undergraduate course of study:

(a) undertaken by the client through an institution; and

(b) access to which was provided by the Agency.

basic charge
has the meaning given by section 104.

census date
, in relation to a study period, means the date declared by the Minister, by notice published in the Gazette , to be the census date for the study period.

Commissioner
means the Commissioner of Taxation.

deferred payment scheme
means the scheme referred to in section 100 and for which provision is made under this Chapter.

eligible client
, in relation to the Agency, has the meaning given by section 101 .

enrol
, in relation to a unit of study, has a meaning affected by subsection (2).

OL study period debt
has the meaning given by section 106K .

standard study load
has the meaning given by section 103 .

study period
means a period of 13 weeks commencing in March, June, September or December in any year to which this Chapter applies on a day determined by the Minister by notice published in the Gazette .

tax file number
has the same meaning as in Chapter 4 .

99(2)    
For the purposes of this Chapter:

(a) a person is taken not to have enrolled for a unit of study for a study period if his or her enrolment for the unit of study was withdrawn on or before the census date for that study period; and

(b) a person who is participating in the deferred payment scheme is taken not to have been enrolled for the units of study, or a number of the units of study, for a study period if:

(i) the person incurred an OL study period debt in respect of that study period; and

(ii) the OL study period debt, or a part of the OL study period debt equal to the basic charges for that number of units of study, was subsequently remitted under section 106L or 106M .

99(3)    
For the purposes of this Chapter, the payment of an amount to the Agency by a person other than a client in respect of a charge payable by the client to the Agency is taken to be a payment of that amount to the Agency by the client.