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 .'']
Where a student in relation to a course of study at an institution is liable to pay a contribution to the institution in respect of that course of study in respect of a semester, the following provisions of this section apply.
57(2)
If the student has made a payment in respect of the contribution in accordance with subparagraph 41(1)(a)(i) and has complied with subparagraph 41(1)(a)(ii) , the Commonwealth shall, as a benefit to the student, pay to the institution an amount equal to the remainder (if any) of the contribution in discharge of the student's liability to pay that remainder of the contribution.
57(3)
If the student has not made a payment in respect of the contribution in accordance with subparagraph 41(1)(a)(i) but has complied with paragraph 41(1)(b) and section 41B , the Commonwealth shall, as a benefit to the student, lend to the student an amount equal to the unpaid part of the contribution and apply the amount so lent in making a payment to the institution in discharge of the student's liability to pay the unpaid part of the contribution.
57(3A)
If the student has not:
(a) made a payment in respect of a contribution in accordance with subparagraph 41(1)(a)(i) ; or
(b) complied with paragraph 41(1)(b);
but the student has:
(c) made a payment in respect of the contribution in accordance with paragraph 41(1A)(a) (the student payment ); and
(d) complied with section 41B ;
the Commonwealth must, as a benefit to the student:
(e) lend to the student an amount worked out using the formula in sub-subparagraph 41(1A)(c)(i)(A) (the formula amount ) and apply the amount so lent in making a payment to the institution in partial discharge of the student's liability to pay the unpaid part of the contribution; and
(f) pay to the institution, in discharge of the remainder of the student's liability, an amount (the discount amount ) worked out using the following formula:
If the student's contribution for the course of study is $2,350 and the student makes a payment of $1,000, the amount that the Commonwealth will lend to the student is $1,017, ie:
This amount is the formula amount (see paragraph (3A)(e)).
The amount that the Commonwealth will pay to the institution to discharge the student's liability is $1,350, ie:
$2,350 − $1,000
The amount that the Commonwealth will pay to the institution comprises the sum of the amount the Commonwealth will lend to the student, ie $1,017 (the formula amount) and the student discount that the student receives for making the student payment ($333).
The value of the discount to the student for making the student payment is calculated as follows:
$1,350 − $1,017
This amount is the discount amount (see paragraph (3A)(f)).
57(3B)
If:
(a) the student has made a student payment as provided for in subsection (3A); and
(b) the student continues undertaking the course of study and, in a later semester, does not make a student payment in respect of the later semester as provided for in subparagraph 41(1A)(c)(ii) , the Commonwealth must, as a benefit to the student:
(i) lend to the student an amount equal to the unpaid part of the contribution; and
(ii) apply the amount so lent in making a payment to the institution in discharge of the student's liability to pay the unpaid part of the contribution.
57(3C)
If an amount worked out by using the formula in subsection (3A) is an amount made up of dollars and cents, then:
(a) if the amount of cents in the amount is 50 - the amount is to be rounded up to the nearest dollar; and
(b) in any other case - the amount is to be rounded up or down to the nearest dollar.
57(4)
The Commonwealth may make advances to an institution on account of an amount that is expected to become payable by the Commonwealth to the institution under this section.
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