HIGHER EDUCATION FUNDING ACT 1988

CHAPTER 4B - BRIDGING FOR OVERSEAS-TRAINED PROFESSIONALS (BOTP) LOAN SCHEME  

PART 4B.1 - INTRODUCTION  

SECTION 98P   DEFINITIONS  

98P(1)    
In this Chapter, unless the contrary intention appears:

appropriate officer
of an institution means a person who is an appropriate officer of the institution for the purposes of Chapter 4 .

assessment statement
has the meaning given by section 98T .

BOTP course
has the meaning given by section 98U .

BOTP loan
means a loan under subsection 98ZA(2) .

census date
, in relation to so much of a BOTP course as is undertaken by a student for a study period, means:

(a) in the case of a BOTP course that is covered by subsection 98U(2) or (3) :

(i) if the study period is of not less than 6 weeks duration - the date that is 14 days after the date on which the student starts to undertake the course of instruction or the tuition and training program concerned; or

(ii) if the study period is of less than 6 weeks duration - the date on which the student starts to undertake the course of instruction or the tuition and training program concerned; or

(b) in the case of a BOTP course that is covered by subsection 98U(1) , where the study period is a semester because of subsection 37(2) or (3) as applied by subsection (4) of this section:

(i) if the study period is of not less than 6 weeks duration - the date that is 14 days after the date on which the student starts to undertake the subject unit concerned; or

(ii) if the study period is of less than 6 weeks duration - the date on which the student starts to undertake the subject unit concerned; or

(c) in the case of a BOTP course that is covered by subsection 98U(1) , where the study period is a semester otherwise than because of subsection 37(2) or (3) as applied by subsection (4) of this section - such date as is specified for the purposes of this definition by the Minister, by notice published in the Gazette , in relation to BOTP courses undertaken in that semester.

citizenship/residency requirements
has the meaning given by section 98V .

fees
, in relation to a BOTP course at an institution, means tuition, examination or other fees payable to the institution by a student enrolled at, or applying for enrolment at, the institution in connection with the BOTP course, but does not include:

(a) fees the payment of which is voluntary; or

(b) fees payable in respect of an organisation of students, or of students and other persons, or in respect of the provision to students of amenities or services that are not of an academic nature; or

(c) fees payable in respect of residential accommodation; or

(d) fees of a kind that are incidental to studies that may be undertaken at institutions and that the Minister has notified each institution to be fees of a kind to which this paragraph applies.

For the purposes of paragraph (b), the expression student has its ordinary meaning.

institution
has the meaning given by section 4 (despite subsection (2) of this section).

listed professional occupation
has the meaning given by section 98S .

non-award basis
, in relation to enrolment in:

(a) a subject unit at an institution; or

(b) a course of instruction at an institution; or

(c) a tuition and training program at an institution;

means the basis that the completion of the unit, course or program will not lead to the granting of a degree, diploma, associate diploma or other award of the institution.

occupation
has a meaning affected by section 98Q .

relevant assessing body
, in relation to a listed professional occupation, has the meaning given by section 98S .

requirements
for entry to a listed professional occupation has the meaning given by section 98R .

semester
has a meaning affected by subsection (4).

student
means:

(a) a person who proposes to undertake on or after 1 July 2002, or is undertaking or has undertaken on or after that date, a BOTP course at an institution; and

(b) when used in relation to a particular BOTP course at an institution - a person who proposes to undertake on or after 1 July 2002, or is undertaking or has undertaken on or after that date, the BOTP course at that institution.

student load
has a meaning affected by subsection (3).

study period
, in relation to a BOTP course, means:

(a) in the case of a BOTP course that is covered by subsection 98U(1) - a semester; or

(b) in the case of a BOTP course that is covered by subsection 98U(2) and that consists of 2 or more courses of instruction - a period during which such a course of instruction is undertaken; or

(c) in any other case - the period during which the course is undertaken.

subject unit
, in relation to an institution, means a subject unit that is ordinarily offered by the institution as part of a course of study at the institution, but that is also offered, on a non-award basis, to persons who are not undertaking that course of study.

98P(2)   Expressions defined in Chapter 4.  

Expressions used in this Chapter that are defined in Chapter 4 have in this Chapter, unless the contrary intention appears, the same meanings as in Chapter 4 .

98P(3)   Student load.  

For the purposes of subsection (2), section 36 applies in relation to the expression student load in this Chapter in the same way as it applies in relation to that expression in Chapter 4 , as if:

(a) the references in section 36 to student were references to student within the meaning of Chapter 4B ; and

(b) the references in section 36 to institution were references to institution within the meaning of Chapter 4B ; and

(c) the references in section 36 to course of study were references to subject unit, course of instruction or tuition and training program.

98P(4)   Semester.  

For the purposes of subsection (2), section 37 applies in relation to the expression semester in this Chapter in the same way as it applies in relation to that expression in Chapter 4 , as if:

(a) the references in section 37 to institution were references to institution within the meaning of Chapter 4B ; and

(b) the references in section 37 to course of study were references to subject unit.

98P(5)   Expressions defined in the Income Tax Assessment Act 1936.  

Expressions used in this Chapter that are defined in the Income Tax Assessment Act 1936 have in this Chapter, unless the contrary intention appears, the same meanings as in that Act.

98P(6)   Payment by a person other than a student.  

For the purposes of this Chapter, the payment of an amount to an institution by a person other than a student in respect of fees payable by the student to the institution is taken to constitute payment of that amount to the institution by the student.

98P(7)   Course or program provided on behalf of an institution.  

For the purposes of this Chapter:

(a) a course of instruction provided on behalf of an institution is taken to be provided at the institution, and a person enrolled in such a course is taken to be enrolled at the institution; and

(b) a tuition and training program provided on behalf of an institution is taken to be provided at the institution, and a person enrolled in such a program is taken to be enrolled at the institution.