Education Legislation Amendment (Provider Integrity and Other Measures) Act 2017 (83 of 2017)

Schedule 3   Amendment of the Higher Education Support Act 2003

Part 2   Application provisions

44   Application of amendments

(1) The amendments of section 16-25 of the Higher Education Support Act 2003 made by this Schedule apply in relation to:

(a) applications for approval made after the commencement of this Schedule; and

(b) applications for approval made before the commencement of this Schedule but not yet decided before that commencement.

(2) The amendments of sections 19-10 and 19-12 of the Higher Education Support Act 2003 made by this Schedule apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(3) Sections 19-36 to 19-36E of the Higher Education Support Act 2003, as inserted by this Schedule, apply on and after 1 January 2018 in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(4) The amendments of sections 19-40, 19-45 and 19-70 of the Higher Education Support Act 2003 made by this Schedule apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(5) Section 19-42 of the Higher Education Support Act 2003, as inserted by this Schedule, applies in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(6) Sections 19-71 to 19-73 of the Higher Education Support Act 2003, as inserted by this Schedule, apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(7) The amendments of sections 19-75, 19-77, 19-78, 19-80, 19-82 and 19-95 of the Higher Education Support Act 2003 made by this Schedule apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(8) The amendments of section 104-1 of the Higher Education Support Act 2003 made by this Schedule apply in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2018; and

(c) the unit of study has a census date that occurs on or after 1 January 2018; and

(d) the unit is provided by a higher education provider approved under section 16-25, whether approved before or after the commencement of this Schedule.

(9) Section 104-1A of the Higher Education Support Act 2003, as inserted by this Schedule, applies in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2018; and

(c) the unit of study has a census date that occurs on or after 1 January 2018; and

(d) the unit is provided by a higher education provider approved under section 16-25, whether approved before or after the commencement of this Schedule.

(10) Sections 104-43 and 104-44 of the Higher Education Support Act 2003, as inserted by this Schedule, apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(11) Section 169-17 of the Higher Education Support Act 2003, as inserted by this Schedule, applies in relation to students enrolled in units of study:

(a) with census dates that occur on or after the commencement of this Schedule (whether the units of study are part of a course commenced before or after that commencement); and

(b) that are provided by higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(12) The amendments of sections 169-25 and 174-5 of the Higher Education Support Act 2003 made by this Schedule apply in relation to higher education providers approved under section 16-25, whether approved before or after the commencement of this Schedule.

(13) The amendment of the definition of qualified auditor in subclause 1(1) of Schedule 1 of the Higher Education Support Act 2003 made by this Schedule applies in relation to financial statements provided for annual financial reporting periods that commence on or after 1 July 2018.