Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Transitional arrangement for students under the Higher Education Contribution Scheme
1 Student contribution amounts for students under the Higher Education Contribution Scheme
(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
(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(a) or (c), or paragraphs 90 - 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 person's 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 for a place in the unit were worked out under item 3.
(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.
(2A) A person cannot establish for the purposes of subitem (1) that he or she is a contributing student within the meaning of Chapter 4 of the Higher Education Funding Act 1988 , or not an excepted student, more than 6 weeks after the census date for the unit.
(3) In this item:
excepted student has the meaning given by subsection 41(3) of the Higher Education Funding Act 1988 .
2 Discontinuance of enrolments
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 4 as not amounting to a discontinuance of enrolment.
3 Maximum student contribution amounts for places
(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 for a place in the unit is $2,830.
(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 for a place in the unit is the amount specified in the following table in relation to the funding cluster in which the unit is included.
Maximum amounts for places | ||
Item | Funding clusters | Maximum student contribution amount for a 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) A maximum student contribution amount for a 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.
4 Guidelines
(1) The Minister may, by legislative instrument , 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.
(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.
5 Meaning of institution
In this Part:
institution has the meaning given by section 4 of the Higher Education Funding Act 1988 .
Part 2 -- Transitional arrangement for students under the Post - graduate education loan scheme
6 FEE - HELP assistance for existing students under the Post - graduate education loan scheme
(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 an eligible student, within the meaning of section 98B of the Higher Education Funding Act 1988 , for the semester; and
(d) the course is an eligible post - graduate course of study within the meaning of section 98A of that Act; and
(e) the Commonwealth had, under section 98G of that Act, discharged a liability that the person had incurred in relation to the course; and
(f) the person:
(i) is entitled to FEE - HELP assistance for the unit; or
(ii) would be entitled to FEE - HELP assistance for the unit but for paragraph 104 - 1(1)(a) 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 7); 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--the person is taken, for the purposes of that Act, to be entitled to FEE - HELP assistance for the unit.
(2) A person cannot establish for the purposes of subitem (1) that he or she is an eligible student, within the meaning of section 98B of the Higher Education Funding Act 1988 , more than 6 weeks after the census date for the unit.
7 Discontinuance of enrolments
A person is not taken, for the purposes of subparagraph (g)(i) of item 6, 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 8 as not amounting to a discontinuance of enrolment.
8 Guidelines
(1) The Minister may, by legislative instrument , 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.
(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.
9 Meaning of institution
In this Part:
institution has the same meaning as in Chapter 4A of the old Act.
Part 3 -- Debts under the Higher Education Funding Act 1988
10 Conversion of accumulated HEC debts into accumulated HELP debts
(1) In working out, under section 140 - 25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the financial year starting on 1 July 2005, if a person incurs an accumulated HEC debt on 1 June 2005, add the debt to the amount under step 1 of the method statement in section 140 - 5 of that Act.
(2) The accumulated HELP debt that a person incurs on 1 June 2006 discharges, or discharges the unpaid part of, any accumulated HEC debt that the person incurred on 1 June 2005 .
11 Taking account of voluntary payments made under the Higher Education Funding Act 1988 on or after 1 June 2005
If:
(a) on or after 1 June 2005 , a person makes a payment to the Commissioner under Division 1 of Part 5A.3 of the Higher Education Funding Act 1988 ; and
(b) the payment would, but for subsection 106N(2A) of that Act, be used in working out the person's accumulated HEC debt incurred on 1 June in a particular financial year;
in working out, under section 140 - 25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 140 - 5 of that Act.
11A Taking account of voluntary payments made under the Higher Education Support Act 2003 before 1 June 2005
(1) If:
(a) on or after 1 January 2005 and before 1 June 2005, a person makes a voluntary repayment to the Commissioner under Division 151 of the Higher Education Support Act 2003 ; and
(b) the payment is in respect of one or more HELP debts;
in working out, under section 140 - 25 of that Act, a person's accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 140 - 5 of that Act.
12 Taking account of HEC assessment debts assessed on or after 1 June 2005
If:
(a) on or after 1 June 2005 , the Commissioner makes an assessment under section 106T of the Higher Education Funding Act 1988 ; and
(b) an amount is included in the notice of the assessment that is required to be paid in respect of an accumulated HEC debt under section 106Q of that Act; and
(c) the amount would, but for subsection 106N(2A) of that Act, be used in working out the person's accumulated HEC debt incurred on 1 June in a particular financial year;
in working out, under section 140 - 25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 4 of the method statement in section 140 - 5 of that Act.
13 Taking account of amendments of assessments of HEC assessment debts on or after 1 June 2005
(1) If:
(a) on or after 1 June 2005, the Commissioner amends an assessment made under section 106T of the Higher Education Funding Act 1988 of the amount of a person's HEC assessment debt; and
(b) the HEC assessment debt is increased by the amendment (whether as a result of an increase in the person's taxable income of an income year or otherwise);
in working out, under section 140 - 25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the appropriate financial year, add the amount of the increase to the amount of the sum referred to in step 5 of the method statement in section 140 - 5 of that Act.
(2) If:
(a) on or after 1 June 2005, the Commissioner amends an assessment made under section 106T of the Higher Education Funding Act 1988 of the amount of a person's HEC assessment debt; and
(b) the HEC assessment debt is reduced by the amendment (whether as a result of a reduction in the person's taxable income of an income year or otherwise);
in working out, under section 140 - 25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the appropriate financial year, add the amount of the reduction to the amount of the sum referred to in step 6 of the method statement in section 140 - 5 of that Act.
(3) For the purposes of this item, the appropriate financial year is:
(a) if the amendment is made before 1 June in a financial year--that financial year; or
(b) if the amendment is made on or after 1 June in a financial year--the immediately succeeding financial year.
14 Definitions
In this Part:
accumulated HEC debt has the meaning given by section 106N of the Higher Education Funding Act 1988 .
HEC assessment debt has the meaning given by section 34 of the Higher Education Funding Act 1988 .
17 Allocation of Commonwealth Grant Scheme funding to Avondale College
Until the end of the year 2008, Parts 2 - 2, 2 - 5 and 3 - 2 of the Higher Education Support Act 2003 apply in relation to Avondale College as if Avondale College were a higher education provider, but not a Table A provider.
Part 6 -- Other transitional provisions
17A Reductions in new grants to take account of grants made under section 20A of the Higher Education Funding Act 1988
(1) If the Minister determines a special purpose grant under section 20A of the old Act for an institution (as defined in section 4 of that Act) in respect of a transitional adjustment year, then the amounts of grant payable to the institution under section 33 - 1 of the new Act in respect of:
(a) the year next following that year; or
(b) the 2 years next following that year; or
(c) the 3 years next following that year;
are reduced by amounts that equal in total the amount of the special purpose grant.
(2) In this item:
transitional adjustment year means the year 2002, 2003 or 2004.
18 Rollover of 2003 grants made under section 23 of the Higher Education Funding Act 1988
If:
(a) a body receives a grant of financial assistance under section 23 of the old Act during the year 2003; and
(b) the body fails to spend all of that grant in accordance with the old Act in respect of the year 2003; and
(c) the Secretary determines in writing that this paragraph applies to the body;
then so much of the unspent grant amount as the Secretary specifies in relation to the grant will be taken to have been granted to the body under the new Act in respect of the year 2004:
(d) under the section of the new Act that the Secretary specifies in the determination; and
(e) on such conditions as the Secretary specifies in the determination.
19 Rollover of 2004 grants made under the Higher Education Funding Act 1988
If:
(a) a body receives a grant of financial assistance under Chapter 2 of the old Act during the year 2004; and
(b) the body fails to spend all of that grant in accordance with the old Act in respect of the year 2004; and
(c) the Secretary determines in writing that this paragraph applies to the body;
then so much of the unspent grant amount as the Secretary specifies in relation to the grant will be taken to have been granted to the body under the new Act in respect of the year 2005:
(d) under the section of the new Act that the Secretary specifies in the determination; and
(e) on such conditions as the Secretary specifies in the determination.
20 Merit based equity scholarships
(1) A student who:
(a) before the commencement of the new Act, was awarded a merit - based equity scholarship referred to in subsection 35(7) of the old Act for a course of study at an institution (as defined for the purposes of Chapter 4 of the old Act); and
(b) continues to undertake that course at the institution after that commencement;
is taken, for the purposes of the new Act, to be an exempt student for all of the units of study that he or she undertakes as part of that course at that institution.
(2) However, this item does not apply if the institution is not a higher education provider.
21 Marginally funded places
(1) A higher education provider's funding agreement under section 30 - 25 of the new Act for the year 2005, 2006 or 2007 (the grant year ) may specify an allowable number of marginally funded places in respect of that year.
(2) If such a funding agreement specifies such a number, then, for the purposes of:
(a) deciding whether the provider has an adjustment under subsection 33 - 25(1) of the new Act for the year following the grant year; and
(b) working out the amount of any such adjustment for the year following the grant year;
the number of Commonwealth supported places that are provided in the grant year is taken to be reduced by the number so specified in that funding agreement.
21A Increases in assistance in 2005 for higher education providers meeting certain requirements
For the purposes of paragraph 33 - 15(1)(c) of the Higher Education Support Act 2003 , the Minister is taken to be satisfied that the provider met the requirements in paragraph 33 - 15(1)(a) of that Act, as at a date in 2004, specified in the Commonwealth Grant Scheme Guidelines, if:
(a) the grant year is the year 2005; and
(b) the Minister is satisfied that the provider met at least some of those requirements by the specified date; and
(c) the Minister is satisfied that the provider has taken all reasonable steps to meet the requirements.
22 Assessment statements
(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 awarded 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.
(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.
22A Fee - waiver scholarships in the year 2004
(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; 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 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).
(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 .
(3) In this item:
institution means an institution or body mentioned in any of the following:
(a) subsection 34(4) of the old Act;
(b) the definition of institution in subsection 98A(1) of the old Act;
(c) Schedule 1 to the old Act.
23 Saving of regulations made for Chapter 5C of the Higher Education Funding Act 1988
(1) Regulations made for the purposes of paragraphs 106ZQ(2)(a) and (c) and subsection 106ZQ(3) of the old Act that were in force immediately before the repeal of Chapter 5C of the old Act are, on the commencement day, taken to have been made for the purposes of paragraphs 225 - 25(1)(a) and (c) and subsection 225 - 25(2) respectively of the new Act.
(2) On the commencement day, a reference in the regulations made for the purposes of paragraph 106ZQ(2)(a) of the old Act to an application under subsection 106ZQ(1) of the old Act is to be read as a reference to an application under section 225 - 1 of the new Act.
(3) In this item:
commencement day is the day that Chapter 6 of the new Act commences.
23A OS - HELP--prior study requirements
(1) This item applies where:
(a) a student has completed a unit of study in Australia that counts towards the course requirements for a course of study at an institution; and
(b) the student undertook the unit of study at the institution in a semester; and
(c) the census date for the course for the semester is before 1 January 2005 ; and
(d) either:
(i) the course of study was a designated course of study and the student was a contributing student in relation to the course; or
(ii) the student was a merit - based equity scholarship holder in relation to the course; and
(e) on or after 1 January 2005 , the student is enrolled in an undergraduate course of study with a higher education provider (the OS - HELP course ) and the unit of study counts towards the requirements of that course.
(2) For the purposes of this item, such a unit is a pre - HESA unit and is taken to have an EFTSL value equal to its EFTSU value.
(3) Where this item applies, the prior study requirements in relation to the OS - HELP course for the purposes of paragraph 118 - 1(1)(d) of the new Act are that the sum of:
(a) the total EFTSL value of all the pre - HESA units of study completed by the student; and
(b) the total EFTSL value of all other units of study (if any):
(i) that the student has completed in Australia that count towards the course requirements for the OS - HELP course; and
(ii) in relation to which the student was a Commonwealth supported student;
is at least one EFTSL.
(4) In this item:
census date has the same meaning as in Chapter 4 of the old Act.
contributing student has the same meaning as in Chapter 4 of the old Act.
designated course of study has the same meaning as in Chapter 4 of the old Act.
EFTSU value has the same meaning as in the guidelines made under subsection 39(2) of the old Act.
institution means an institution or body mentioned in any of the following:
(a) subsection 34(4) of the old Act;
(b) the definition of institution in subsection 98A(1) of the old Act;
(c) Schedule 1 to the old Act.
merit - based equity scholarship holder means a student who is exempt under subsection 35(7) of the old Act.
24 Definitions
In this Schedule:
new Act means the Higher Education Support Act 2003 .
old Act means the Higher Education Funding Act 1988 .