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 .'']
This section applies to a notice that is described in section 41A or 54 and given by an institution to a student by electronic communication using an information system to which the student has access provided by the institution in accordance with guidelines about access to information systems used to give notices described in that section.
56E(2)
For the purposes of paragraph 9(1)(a) of the Electronic Transactions Act 1999 , it is reasonable to expect that the notice will be readily accessible so as to be useable for subsequent reference.
56E(3)
For the purposes of paragraph 9(1)(d) of the Electronic Transactions Act 1999 , the student is taken to consent to the giving of the notice by electronic communication.
Note:
This section has the effect that subsection 9(1) of the Electronic Transactions Act 1999 will treat the electronic communication of the notice as meeting the requirement in section 41A or 54 of this Act to give the notice.
56E(4)
The Minister may issue written guidelines about institutions providing students with access to information systems used by institutions to give students notices described in section 41A or 54 .
Note:
Guidelines issued under this section may be revoked or varied. See subsection 33(3) of the Acts Interpretation Act 1901 .
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