HIGHER EDUCATION FUNDING ACT 1988
[ CCH Note: Act No 150 of 2003, s 3 and Sch 1 items 22 and 24, contains the following transitional provisions:
``Assessment statements
22(1)
A written statement that an assessing body for a listed professional occupation gave to a person, at a time before the commencement of the new Act, is taken to be an assessment statement for the purposes of the new Act if:
(a) the person held a qualification awareded in a foreign country; and
(b) the qualification related to that occupation; and
(c) the person proposed to seek entry to that occupation:
(i) in Australia; or
(ii) if the assessing body was an assessing body of a State or Territory - in that State or Territory; and
(d) the body gave the person a written statement to the effect that, in the body's opinion, if the person were to do any or all of the following:
(i) successfully undertake additional studies of a kind specified in the statement;
(ii) be successful in one or more examinations specified in the statement;
(iii) successfully undertake a tuition and training program of a kind specified in the statement;the person would meet the requirements for entry to that occupation.
Note:
A statement could specify one of the things mentioned in subparagraph (d)(i), (ii) or (iii) or any combination of the things mentioned in those subparagraphs.
22(2)
In this item:
assessing body
includes a person or body that, immediately before the commencement of the new Act, was an assessing body for the purposes of Chapter 4B of the old Act.
listed professional occupation
includes an occupation that, immediately before that commencement, was a listed professional occupation for the purposes of that Chapter.
occupation
includes a part of an occupation that, immediately before that commencement, was an occupation for the purposes of that Chapter.
Definitions
24
In this Schedule:
new Act
means the
Higher Education Support Bill 2003
.
old Act
means the
Higher Education Funding Act 1988
.'']
View history note
Hide history note(a) a person holds a qualification awarded in a foreign country; and
(b) the qualification relates to a listed professional occupation; and
(c) the person proposes to seek entry to that occupation in Australia;
a relevant assessing body for that occupation may give the person a written statement to the effect that, in the opinion of the body, if the person were to do any or all of the following:
(d) successfully undertake additional studies of a kind specified in the statement;
(e) be successful in one or more examinations specified in the statement;
(f) successfully undertake a tuition and training program of a kind specified in the statement;
the person would meet the requirements for entry to that occupation in Australia.
Note:
A statement could specify one of the things mentioned in paragraph (d), (e) or (f) or any combination of the things mentioned in those paragraphs.
98T(2)A statement under subsection (1) is an assessment statement for the purposes of this Chapter.
98T(3)
This section does not affect the power of a relevant assessing body to charge fees for an assessment statement under subsection (1).
98T(4) Pre-commencement assessment statement
If, at a time before the commencement of this section:
(a) a person held a qualification awarded in a foreign country; and
(b) the qualification related to a listed professional occupation; and
(c) the person proposed to seek entry to that occupation in Australia; and
(d) a relevant assessing body for that occupation gave the person a written statement to the effect that, in the opinion of the body, if the person were to do any or all of the following:
(i) successfully undertake additional studies of a kind specified in the statement;
(ii) be successful in one or more examinations specified in the statement;
the person would meet the requirements for entry to that occupation in Australia;
(iii) successfully undertake a tuition and training program of a kind specified in the statement;
the statement is an assessment statement for the purposes of this Chapter.
Note:
A statement could specify one of the things mentioned in subparagraph (d)(i), (ii) or (iii) or any combination of the things mentioned in those subparagraphs.
98T(5)For the purposes of subsection (4), assume that the first set of determinations under subsections 98Q(1) and 98S(1) had been in force at the time mentioned in subsection (4) of this section.
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