Higher Education Support Act 2003

Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part 2-4 of the Higher Education Support Act 2003 in respect of the year 2008 or a later year. The heading formerly read:

Chapter 2 - Grants for higher education assistance

S 16-25(1) amended by No 111 of 2019, s 3 and Sch 2 item 2, by substituting para (c), effective 1 January 2012. No 111 of 2019, s 3 and Sch 2 item 2 contains the following transitional provision:

Division 2 - Application and transitional provisions

34 Application and transitional provisions  
43(1)
Subsection 5-1(2) of the Higher Education Support Act 2003 , as amended by this Part, applies in relation to a Table C provider after the commencement of this Part, regardless of when the provider was, or was taken to be, approved.

43(2)
The amendment of section 16-25 of the Higher Education Support Act 2003 made by this Part applies in relation to applications for approval made:

(a) after the commencement of this Part; or

(b) before the commencement of this Part, if the application had not been decided before that commencement.

43(3)
If, before the commencement of this Part, a higher education provider ceased to provide a unit of study, then the Higher Education Support Act 2003 and any instruments in force under that Act immediately before that commencement continue to apply, after that commencement, in relation to the provider as if the amendments and repeals made by this Part had not happened.

43(4)
Section 19-66A and Part 5-1A of the Higher Education Support Act 2003 , as inserted by this Part, apply in relation to a higher education provider after the commencement of this Part, regardless of when the provider was, or was taken to be, approved.

43(5)
The amendments of section 169-15 of the Higher Education Support Act 2003 made by this Part apply in relation to enrolments in a unit of study that occur after the commencement of this Part.

Para (c) formerly read:

(c) the body either fulfils the *tuition assurance requirements or is exempted from those requirements under section 16-31 ; and

S 16-25(1) amended by No 83 of 2017, s 3 and Sch 3 item 3, by inserting para (fb), applicable in relation to:

(a) applications for approval made after 17 August 2017; and

(b) applications for approval made before 17 August 2017 but not yet decided before 17 August 2017.

S 16-25(1) amended by No 160 of 2012, s 3 and Sch 2 item 19, by inserting para (fa), effective 29 November 2012.

S 16-25(1) amended by No 74 of 2011, s 3 and Sch 2 items 37 and 38, by repealing para (d) and substituting para (db) for para (db) and (dc), applicable in relation to an application for approval made on or after 29 January 2012. Para (d), (db) and (dc) formerly read:

(d) the body is in a State or Territory that the Minister is satisfied has legislation that complies with the *National Protocols; and

(db) if the body is a self-accrediting entity:

(i) the body is authorised by a *government accreditation authority to accredit that course; or

(ii) the course is an *accredited course; and

(dc) if the body is a non self-accrediting entity - the course is an accredited course; and

S 16-25(1) amended by No 72 of 2011, s 3 and Sch 1 items 1 to 3, by inserting " (1) " before " The Minister " , substituting para (aa), and inserting para (g), applicable in relation to an application for approval made on or after 30 June 2011. Para (aa) formerly read:

(aa) the body ' s principal purpose is either or both of the following:

(i) to provide education;

(ii) to conduct research; and

S 16-25 amended by No 6 of 2010, s 3 and Sch 1 item 1, by substituting " fulfils the *tuition assurance requirements " for " fulfilled the *tuition assurance requirements on the date of making an application under section 16-40 " in para (c), effective 19 February 2010.

S 16-25 amended by No 72 of 2007, s 3 and Sch 1 items 5 and 6, by substituting para (b) and substituting paras (d), (da), (db) and (dc) for para (d), effective 31 December 2007. Paras (b) and (d) formerly read:

(b) the body is either:

(i) a *university; or

(ii) a *self-accrediting provider; or

(iii) a *non self-accrediting provider; and

(d) in the case of a non self-accrediting provider, the body meets the additional requirements under section 16-35 ; and

S 16-25(2) inserted by No 72 of 2011, s 3 and Sch 1 item 3, applicable in relation to an application for approval made on or after 30 June 2011.

Former s 16-25(2) repealed by No 72 of 2007, s 3 and Sch 1 item 7, effective 31 December 2007. S 16-25(2) formerly read:

16-25(2)
A university means a body corporate:

(a) that meets *National Protocol 1; and

(b) that is established as a university, or recognised as a university, by or under a law of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory.

S 16-25(2A) inserted by No 83 of 2017, s 3 and Sch 3 item 4, applicable in relation to:

(a) applications for approval made after 17 August 2017; and

(b) applications for approval made before 17 August 2017 but not yet decided before 17 August 2017.

S 16-25(3) inserted by No 72 of 2011, s 3 and Sch 1 item 3, applicable in relation to an application for approval made on or after 30 June 2011.

Former s 16-25(3) repealed by No 72 of 2007, s 3 and Sch 1 item 7, effective 31 December 2007. S 16-25(3) formerly read:

16-25(3)
A self-accrediting provider is a body corporate, other than a *university, whose name is included in the *Australian Qualifications Framework Register as the name of a higher education institution empowered to issue its own qualifications.

S 16-25(4) inserted by No 72 of 2011, s 3 and Sch 1 item 3, applicable in relation to an application for approval made on or after 30 June 2011.

Former s 16-25(4) repealed by No 72 of 2007, s 3 and Sch 1 item 7, effective 31 December 2007. S 16-25(4) formerly read:

16-25(4)
A non self-accrediting provider is a body corporate:

(a) whose name is included; or

(b) who owns or controls a business name that is included;

in the list of Non Self-Accrediting Higher Education Institutions contained in the *Australian Qualifications Framework Register, as the name of an institution approved by an authorised accreditation authority to issue one or more *higher education awards.