Higher Education Support Act 2003

[ CCH Note: S 16-15(1) will be amended by No 108 of 2024, s 3 and Sch 5 items 1 - 3, by inserting " Adelaide University " before table item dealing with Australian National University and repealing table item dealing with The University of Adelaide and table item dealing with University of South Australia, effective 31 March 2026 or a single day to be fixed by Proclamation. However, if the provisions do not commence before 31 March 2026, they commence on that day. For transitional provisions, see note under 140-10(1B) . No 108 of 2024, s 3 and Sch 5 items 4 - 11 contain the following application and transitional provisions:

Part 2 - Application and transitional provisions

4 Definitions in this Part  

(1)
Expressions used in this Part have the same meanings as they have in the Higher Education Support Act 2003 .

(2)
In this Part:

corresponding course
, in relation to a course of study or an accelerator program course at a merging university, means:

(a) a course of study or an accelerator program course at Adelaide University that corresponds (within the ordinary meaning of that expression) to the course of study or accelerator program course; or

(b) if the transitional rules made under Schedule 6 of this Act specify a course of study or an accelerator program course to be a corresponding course at Adelaide University - the specified course of study or accelerator program course.

merger time
means the commencement of this Schedule.

merging university
means the following universities:

(a) The University of South Australia;

(b) University of Adelaide.

5 Vesting of liabilities  
5
At the merger time, debts owed to the Commonwealth by a merging university under the Higher Education Support Act 2003 immediately before the merger time:

(a) cease to be debts owed to the Commonwealth by the merging university under the Higher Education Support Act 2003 ; and

(b) become debts owed to the Commonwealth by Adelaide University under the Higher Education Support Act 2003 without any conveyance, transfer or assignment, and Adelaide University becomes the successor in law in relation to the debts.

6 Vesting of amounts payable  
6
At the merger time, amounts payable by the Commonwealth to a merging university under the Higher Education Support Act 2003 immediately before the merger time:

(a) cease to be amounts payable to the merging university under the Higher Education Support Act 2003 ; and

(b) become amounts payable to Adelaide University under the Higher Education Support Act 2003 without any conveyance, transfer or assignment and Adelaide University becomes the successor in law in relation to the amounts.

7 Enrolled students  
7
If a student is enrolled in a course of study or an accelerator program course (the current course ) with a merging university immediately before the merger time then, for the purposes of the Higher Education Support Act 2003 , on and after the merger time:

(a) the student is taken to be enrolled in the corresponding course with Adelaide University; and

(b) any HELP debt incurred by the student in relation to the current course is taken to be incurred in relation to the corresponding course with Adelaide University.

8 Grandfathered students  
8
A student who is a grandfathered student under the Higher Education Support Act 2003 in relation to a course of study (the current course of study ) with a merging university immediately before the merger time is taken, for the purposes of the Higher Education Support Act 2003 , on and after the merger time, to be a grandfathered student under the Higher Education Support Act 2003 in relation to the corresponding course of study with Adelaide University.

9 Conditions and obligations  
Conditions imposed, etc.

(1)
Any conditions imposed on, or obligations owed by, a merging university under the Higher Education Support Act 2003 immediately before the merger time including, but not limited to, under an instrument or agreement (however described) are taken to be conditions imposed on, or obligations owed by, Adelaide University under the Higher Education Support Act 2003 on and from the merger time.

Failure to comply with conditions imposed, etc.

(2)
Any failure by a merging university before the merger time to comply with one or more conditions imposed on, or to satisfy one or more obligations owed by, the merging university under the Higher Education Support Act 2003 , including, but not limited to, under an instrument or agreement (however described) is taken, on and from the merger time, to be a failure by Adelaide University to comply with the condition or conditions or to satisfy the obligation or obligations, as the case requires.

10 Reporting requirements  
10
If, on or after the merger time, a provision of the Higher Education Support Act 2003 requires a higher education provider to provide information in relation to matters or things that occurred before the merger time, the requirement is taken to be imposed on Adelaide University under the Higher Education Support Act 2003 , in respect of those matters or things, in relation to the merging universities.

11 Grants etc. before the merger time  

(1)
For the purposes of the application of paragraph 30-27(3)(b) of the Higher Education Support Act 2003 to Adelaide University on and after the merger time, the reference to the maximum basic grant amount payable to the provider for a grant year is taken to be a reference to the sum of the maximum basic grant amounts payable to the merging universities for the grant year preceding the merger time.

(2)
A grant made under the Higher Education Support Act 2003 to a merging university before the merger time is taken, on and from the merger time, to have been made to Adelaide University.