HIGHER EDUCATION FUNDING ACT 1988
[ CCH Note 1: Act No 150 of 2003, s 3 and Sch 1 items 1 to 5 and 24, contains the following transitional provisions:
``Part 1 - Transitional arrangement for students under the Higher Education Contribution Scheme
Student contribution amounts for students under the Higher Education Contribution Scheme
1(1)
If:
(a) a person is enrolled with an institution in a unit of study that forms part of a course of study that the person started before 1 January 2005; and
(b) the period over which the person is undertaking the unit ends on or before 31 December 2008; and
(c) the person is a contributing student within the meaning of Chapter 4 of the Higher Education Funding Act 1988 ; and
(d) the course is a designated course of study within the meaning of that Chapter; and
(e) (Omitted)
(f) the person:
(i) is entitled to HECS-HELP assistance for the unit; or
(ii) would be entitled to HECS-HELP assistance for the unit but for paragraph 90-1(1)(a) or (c), or paragraphs 90-1(1)(a) and (c), of the Higher Education Support Act 2003 ; and
(g) the person has neither:
(i) discontinued his or her enrolment in the course since that commencement (see item 2); nor
(ii) completed the requirements of the course;then:
(h) if the institution is not (apart from this item) a higher education provider - the institution is taken, for the purposes of the application of the Higher Education Support Act 2003 in relation to the person and the unit, to be a higher education provider; and
(i) if subparagraph (f)(ii) applies and the person is not an excepted student - the person is taken, for the purposes of that Act, to be entitled to HECS-HELP assistance for the unit; and
(j) the person is taken, for the purposes of that Act, to be a Commonwealth supported student in relation to the unit; and
(k) the student contribution amount for the unit is taken, for the purposes of that Act, not to exceed the amount that would be worked out under section 93-5 of that Act if the maximum student contribution amount per place for the unit were worked out under item 3.
1(2)
However, this item does not apply if the person has notified an appropriate officer of the institution, under subsection 36-5(3) of the Higher Education Support Act 2003 , that he or she does not wish to be a Commonwealth supported student in relation to the unit.
1(3)
In this item:excepted student
has the meaning given by subsection 41(3) of the Higher Education Funding Act 1988 .
Discontinuance of enrolments
2
A person is not taken, for the purposes of subparagraph (1)(g)(i) of item 1, to have discontinued his or her enrolment in a course of study merely because:
(a) the person has taken leave of absence from, or has deferred, the course, with the approval of the institution with which the person is undertaking the course; or
(b) the person transfers his or her enrolment in the course to another course of study at the same level with the same or another institution or higher education provider; or
(c) circumstances have occurred that are specified in the guidelines under item 5 as not amounting to a discontinuance of enrolment. Maximum student contribution amounts per place
3(1)
If a person to whom item 1 applies started the course of study in question before 1 January 1997, the maximum student contribution amount per place for the unit is $2,830.
3(2)
If a person to whom item 1 applies started the course of study in question on or after 1 January 1997, the maximum student contribution amount per place for the unit is:
(a) if the unit is included in a funding cluster that is referred to in the following table - the amount specified in the table in relation to that funding cluster; or
(b) if the unit is included in a funding cluster that has been varied or added by the Commonwealth Grant Scheme Guidelines - the amount specified in the guidelines under item 5 in relation to that funding cluster.
Maximum amounts per place Item Funding clusters Maximum student contribution amount per place 1 Law $6,283 2 Accounting, Administration, Economics, Commerce $5,367 3 Humanities $3,768 4 Mathematics, Statistics $5,367 5 Behavioural Science, Social Studies $3,768 6 Computing, Built Environment, Health $5,367 7 Foreign Languages, Visual and Performing Arts $3,768 8 Engineering, Science, Surveying $5,367 9 Dentistry, Medicine, Veterinary Science $6,283 10 Agriculture $5,367 11 Education $3,768 12 Nursing $3,768 Note:
For the funding clusters in which particular units of study are included see the Commonwealth Grant Scheme Guidelines made for the purposes of section 33-35 of the Higher Education Support Act 2003 .
3(3)
A maximum student contribution amount per place under this item is indexed under Part 5-6 of the Higher Education Support Act 2003 as if:
(a) it was an amount referred to in the table in section 198-5 of that Act; and
(b) the first year of indexation in relation to the amount was the year 2005.
Guidelines
4(1)
The Minister may, in writing, make guidelines providing for matters:
(a) required or permitted by this Schedule to be provided; or
(b) necessary or convenient to be provided in order to carry out or give effect to this Schedule.
4(2)
Without limiting subitem (1), the guidelines may provide for:
(a) when a person is taken to have commenced a course of study; and
(b) when a person is taken to have completed the requirements of a course of study.Any such guidelines have effect, for the purposes of this Schedule, accordingly.
4(3)
The guidelines are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .
Meaning of institution
5
In this Schedule:institution
Definitions
has the same meaning as in the Higher Education Funding Act 1988 .
24
In this Schedule:new Act
means the Higher Education Support Bill 2003 .old Act
means the Higher Education Funding Act 1988 .''
CCH Note 2: Act No 150 of 2003, s 3 and Sch 1 item 22A and 24, contains the following further provisions:
``Fee-waiver scholarships in the year 2004
22A(1)
The amount or value of a scholarship in respect of the year 2004 is taken not to be income for the purposes of the Social Security Act 1991 if:
(a) the scholarship is provided by an institution (within the meaning of the old Act) or by an institution or body referred to in Schedule 1 to the old Act; and
(b) the scholarship is in the form of a waiver of all of the fees (within the meaning of the old Act) that the person would be liable to pay to the institution or body in connection with a course of study (within the meaning of the old Act); and
(c) the course of study is not a designated course of study (within the meaning of Chapter 4 of the old Act).
22A(2)
Subitem (1) does not affect whether the amount or value of a scholarship in relation to which that subitem does not apply is income for the purposes of the Social Security Act 1991 .
Definitions
24
In this Schedule:new Act
means the Higher Education Support Bill 2003 .old Act
means the Higher Education Funding Act 1988 .'']
In this Chapter, unless the contrary intention appears:
[
Account]
(Repealed by No 121 of 2006)
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annual Band amount
has the meaning given by section
40A
.
annual course contribution
has the meaning given by section
40
.
appropriate officer
, in relation to an institution, means a person, or a person included in a class of persons, appointed by, or by a delegate of, the chief executive officer of the institution to be an appropriate officer of the institution for the purposes of this Chapter.
Band
has the meaning given by section
40A
.
census date
, in relation to a course of study undertaken by a student at an institution in a semester, means:
(a) in the case of a course undertaken in a period that is taken to be a semester by virtue of subsection 37(2) or (3) :
(i) if the course 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 study; or
(ii) if the course is of less than 6 weeks duration - the date on which the student starts to undertake the course of study; or
(b) in any other case - such date as is specified for the purposes of this definition by the Minister, by notice published in the Gazette , in relation to courses of study undertaken in that semester.
Commissioner
means the Commissioner of Taxation.
contributing student
, in relation to a designated course of study at an institution, means a student, other than an exempt student, in relation to that course of study.
contribution
means a contribution payable under this Chapter.
designated course of study
, in relation to an institution, means a course of study at that institution other than:
(b) a course of study provided in accordance with guidelines issued by the Minister under:
(i) subsection 13(1) ; or
(iv) subsection 32(5) of the Maritime College Act 1978 ;
(c) a course of instruction provided to persons for the purpose of enabling them to undertake a course of study; or
(d) a course provided at Avondale College, being a course that is not funded in whole or in part by the Commonwealth.
exempt student
has the meaning given by section
35
.
HEC assessment debt
means an amount that is required to be paid in respect of an accumulated HEC debt under section
106Q
and is included in a notice of an assessment made under section
106T
.
HEC semester debt
has the meaning given by section
106J
.
(Repealed by No 86 of 2001)
post-graduate award student
, in relation to a post-graduate course of study at an institution in respect of a year, means a student who holds an award, granted in accordance with guidelines issued by the Minister for the purposes of this definition, in respect of that course of study in respect of that year.
(Repealed by No 8 of 2005)
semester
means a semester in a year to which this Chapter applies.
standard student load
has a meaning affected by subsection
39(2)
.
student
means a person who proposes to undertake on or after 1 January 1989, or is undertaking or has undertaken on or after that date, a course of study at an institution and, when used in relation to a particular course of study at an institution, means a person who proposes to undertake on or after 1 January 1989, or is undertaking or has undertaken on or after that date, that course of study at that institution.
student load
, in relation to a course of study undertaken by a student, has a meaning affected by section
36
.
tax file number
, in relation to a person, means a number issued to the person by the Commissioner, being a number that is either:
(a) a number issued to the person under section 44 or under any provisions of another Act that correspond to that section; or
(b) a number notified by the Commissioner to the person as the person's income tax file number.
34(2)
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.
34(3)
For the purposes of this Chapter, the payment of an amount to an institution by a person other than a student in respect of a contribution payable by the student to the institution shall be taken to constitute payment of that amount to the institution by the student.
34(4)
In this Chapter, institution means any of the following institutions of higher education:
(a) the institutions referred to in section 4 ;
(b) Australian Defence Force Academy;
(f) National Institute of Dramatic Art;
(h) The Australian Film, Television and Radio School.
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