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HIGHER EDUCATION FUNDING ACT 1988 - SECT 57

Commonwealth to discharge students' liabilities

  (1)   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.

  (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.

  (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.

  (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:

    Start formula Contribution payable by student for course minus open bracket Student payment plus Formula amount close bracket end formula

Example: 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:

  Start formula $2,350 minus open bracket $1,000 times start fraction 4 over 3 end fraction close bracket end formula

  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:

  Start formula $2,350 minus $1,000 end formula

  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:

  Start formula $1,350 minus $1,017 end formula

  This amount is the discount amount (see paragraph   (3A)(f)).

  (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.

  (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.

  (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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