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 noteFor the purposes of this Chapter, if:
(a) a person holds an assessment statement issued by a relevant assessing body for a listed professional occupation; and
(b) the statement is to the effect that, in the opinion of the body, if the person were to successfully undertake additional studies of a kind specified in the statement, the person would meet the requirements for entry to that occupation in Australia; and
(c) the person undertakes, or proposes to undertake, those additional studies by enrolling, or proposing to enrol, on a non-award basis, in one or more subject units at an institution; and
(d) the total student load imposed on the person in relation to those subject units does not exceed the institution's maximum BOTP student load determined under subsection (4);
then:
(e) those subject units are together a BOTP course in relation to the person; and
(f) that BOTP course relates to the assessment statement. 98U(2) Courses of instruction.
For the purposes of this Chapter, if:
(a) a person holds an assessment statement issued by a relevant assessing body for a listed professional occupation; and
(b) the statement is to the effect that, in the opinion of the body, if the person were to be successful in one or more examinations specified in the statement, the person would meet the requirements for entry to that occupation in Australia; and
(c) the person prepares, or proposes to prepare, for those examinations by enrolling, or proposing to enrol, on a non-award basis, in one or more occupation-related courses of instruction provided by or on behalf of an institution; and
(d) the total student load imposed on the person in relation to those courses does not exceed the institution's maximum BOTP student load determined under subsection (4);
then:
(e) those courses are together a BOTP course in relation to the person; and
(f) that BOTP course relates to the assessment statement. 98U(3) Tuition and training program.
For the purposes of this Chapter, if:
(a) a person holds an assessment statement issued by a relevant assessing body for a listed professional occupation; and
(b) the statement is to the effect that, in the opinion of the body, if the person were to 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; and
(c) the person undertakes, or proposes to undertake, such a program by enrolling, or proposing to enrol, on a non-award basis, in a tuition and training program provided by or on behalf of an institution; and
(d) the total student load imposed on the person in relation to that program does not exceed the institution's maximum BOTP student load determined under subsection (4);
then:
(e) that program is a BOTP course in relation to the person; and
(f) that BOTP course relates to the assessment statement. 98U(4) Maximum BOTP student load.
For the purposes of this section, the maximum BOTP student load for an institution is the student load determined by the institution, in accordance with guidelines issued by the Minister, to represent:
(a) the load imposed on a full-time student for one year; or
(b) the part-time equivalent of that load. 98U(5) Repeats.
For the purposes of this section, the total student load imposed on a person is to be worked out on the assumption that the person will not be required to repeat anything.
98U(6)Subsection (5) does not, by implication, affect the meaning of the expression student load in a provision of this Act other than this section.
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