1Short title
This Act may be cited as the Higher Education Funding Act 1988.
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This Act may be cited as the Higher Education Funding Act 1988.
Chapters 1, 2, 3, 4, 6 and 7 commence on the day on which this Act receives the Royal Assent.
The objects of this Act are:
to support a higher education system that:
is characterised by quality, diversity and equity of access; and
contributes to the development of cultural and intellectual life in Australia; and
is appropriate to meet Australia’s social and economic needs for a more highly educated and skilled population; and
to strengthen Australia’s knowledge base and enhance the contribution of Australia’s research capabilities to national economic development and international competitiveness and the attainment of social goals.
In this Act, unless the contrary intention appears:
Aboriginal means a member of the Aboriginal race of Australia, and includes a descendant of the indigenous inhabitants of the Torres Strait Islands.
approved form means a form approved by the Minister.
building project means any of the following:
the purchase of land with or without buildings;
the designing, erection or extension of a building or other facilities;
the development or preparation of land for building or other purposes;
the installation of water, electricity or other services;
and includes:
in the case of the erection or extension of a building—the provision of furnishings or equipment for the building, or for the extensions of the building, as the case may be; and
a renovation project.
capital expenditure means expenditure on a capital project.
capital project means a building project (other than a minor building project), or a non‑building capital project.
co‑operative multimedia centre means a body corporate established, ordinarily by a consortium of persons or organisations with interests that relate to the multimedia industry, for purposes that include:
arranging for, or providing services relating to, education and training; and
undertaking other activities; and
research and development;
that will assist in the development of that industry.
course of study, in relation to an institution, means a course the completion of which leads to the granting of a degree, diploma, associate diploma or other award of the institution and includes a course of instruction provided by the institution for the purpose of enabling persons to undertake a course of study provided by the institution or by another institution but does not include a course of vocational education and training.
course of vocational education and training means a course that is identified as a course of vocational education and training in accordance with guidelines issued by the Minister for the purposes of this definition.
educational profile means an educational profile referred to in section 14.
electronic communication has the meaning given by the Electronic Transactions Act 1999.
fees, in relation to an institution, means tuition, examination or other fees payable to the institution by a student enrolled at, or applying for enrolment at, the institution in connection with a course of study or attendance at the institution, and includes fees payable to the institution in respect of the granting of a degree, diploma, associate diploma or other award but does not include:
fees the payment of which is voluntary;
fees payable in respect of an organisation of students, or of students and other persons, or in respect of the provision to students of amenities or services that are not of an academic nature;
fees payable in respect of residential accommodation;
fees imposed in accordance with guidelines issued by the Minister for the imposition of fees in respect of overseas students and students who are New Zealand citizens because of the operation of section 29 of the Citizenship Act 1977 of New Zealand;
fees payable in respect of studies (other than a course of instruction provided by the institution for the purpose of enabling persons to undertake a course of study provided by the institution) that are not required or permitted to be undertaken for the purpose of obtaining a degree, diploma, associate diploma or other award of the institution;
fees payable, in accordance with guidelines issued by the Minister, by persons who attend or otherwise participate in courses of study but do not enrol for those courses, other than persons whose attendance at, or participation in, those courses is, or is to be, credited towards a degree, diploma, associate diploma or other award of another institution by arrangement between the institutions concerned;
fees of a kind that are incidental to studies that may be undertaken at institutions and that the Minister has notified each institution to be fees of a kind to which this paragraph applies; or
contributions payable under Chapter 4.
guidance and appeals panel has the same meaning as in the Administrative Review Tribunal Act 2024.
guidance and appeals panel application has the same meaning as in the Administrative Review Tribunal Act 2024.
information system has the meaning given by the Electronic Transactions Act 1999.
institution, except in Chapters 4 and 5B, has the meaning given by section 4.
instrument, in relation to the Minister, means a determination, specification, approval, declaration, direction, requirement, guideline or notification made, issued or given by the Minister under, or for the purposes of, this Act.
limited operating purposes, in relation to an institution, means:
the general teaching purposes of the institution in connection with courses of study provided by or at the institution, including preparatory work in connection with proposed courses of study to be provided by or at the institution;
the purchase of equipment for the institution for purposes referred to in paragraph (a); and
minor building projects of the institution for purposes referred to in paragraph (a).
minor building project, in relation to an institution, means a building project of the institution that is determined by the institution to be a minor building project.
multimedia industry means the industry concerned with all aspects of the presentation of information through a single format by making co‑ordinated use of a range of different means of communication.
non‑building capital project, in relation to an institution, means a project that satisfies the criteria set out in guidelines issued by the Minister under section 26.
open learning organisation means a body corporate established by one or more institutions for the purposes of providing access, by clients of the organisation to tertiary education courses, or units of study, for which particular institutions or other tertiary education providers undertake to grant credit towards accredited tertiary awards.
operating purposes, in relation to an institution, means:
the general teaching purposes of the institution in connection with courses of study provided by or at the institution, including preparatory work in connection with proposed courses of study to be provided by or at the institution;
the general research purposes of the institution;
the provision by the institution of courses of continuing education;
capital project of the institution for purposes referred to in paragraph (a), (b) or (c);
the purchase of equipment for the institution for purposes referred to in paragraph (a), (b) or (c); and
minor building projects of the institution for purposes referred to in paragraph (a), (b) or (c).
overseas student means a person who:
is not an Australian citizen; and
is enrolled, or proposes to become enrolled, in a course of study of an institution;
but does not include:
a person entitled to stay in Australia, or to enter and stay in Australia, without any limitation as to time; or
a New Zealand citizen; or
a diplomatic or consular representative of New Zealand, a member of the staff of such a representative or the spouse or dependent relative of such a representative.
permanent resident has the same meaning as in the Australian Citizenship Act 2007.
permanent visa has the same meaning as in the Migration Act 1958.
previous Assistance Act means the States Grants (Tertiary Education Assistance) Act 1987.
qualified accountant means:
a person registered as a company auditor or a public accountant under a law in force in a State or Territory;
a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Certified Practising Accountants; or
a person approved by the Minister as a qualified accountant for the purposes of this Act.
qualified auditor means:
the Auditor‑General of a State; or
a qualified accountant.
renovation project means either of the following:
the renovation or alteration of a building or other facilities, including the provision of furnishings or equipment for the renovated or altered parts of the building or other facilities;
the installation of water, electricity or other services.
Secretary means the Secretary of the Department.
State includes the Australian Capital Territory and the Northern Territory.
teaching hospital, in relation to an institution, includes a hospital in which students enrolled in the Faculty of Medicine, or School of Medicine, of the institution receive clinical instruction.
this Act does not include Chapter 7.
year means a calendar year.
year to which this Chapter applies means:
in Chapter 4—the year 1989 or any subsequent year up to and including the year 2004; or
in Chapter 4A—the year 2002 or any subsequent year up to and including the year 2004; or
in Chapter 5—the year 1994 or any subsequent year up to and including the year 2004; or
otherwise—the year 1989 or any subsequent year up to and including the year 2004.
Subject to this section, in this Act, unless the contrary intention appears:
institution means any of the institutions of higher education specified in the following tables:
Table A |
|---|
Australian Catholic University |
Charles Sturt University |
Southern Cross University |
Macquarie University |
The University of New England |
The University of New South Wales |
The University of Newcastle |
The University of Sydney |
University of Technology, Sydney |
University of Western Sydney |
University of Wollongong |
Deakin University |
La Trobe University |
Monash University |
Royal Melbourne Institute of Technology |
Swinburne University of Technology |
The University of Melbourne |
University of Ballarat |
Victoria University of Technology |
Central Queensland University |
Griffith University |
James Cook University |
Queensland University of Technology |
The University of Queensland |
University of Southern Queensland |
University of the Sunshine Coast |
Curtin University of Technology |
Edith Cowan University |
Murdoch University |
The University of Western Australia |
The Flinders University of South Australia |
The University of Adelaide |
University of South Australia |
University of Tasmania |
Batchelor Institute of Indigenous Tertiary Education |
Northern Territory University |
Australian Maritime College |
The Australian National University |
University of Canberra |
The University of Notre Dame Australia |
Table B |
|---|
Avondale College |
Carnegie Mellon University, a non‑profit organisation established under Pennsylvania law |
Australian College of Theology Council Incorporated |
Australian Lutheran College |
Christian Heritage College |
Harvest Bible College Inc |
Moore Theological College Council |
Perth Bible College |
Tabor College Incorporated (trading as Tabor Adelaide) |
Tabor College (NSW) Incorporated |
Wesley Institute |
Adelaide College of Divinity Incorporated |
Campion Institute Limited |
Australian College of Physical Education |
Brisbane College of Theology |
Sydney College of Divinity Ltd |
Tabor College Tasmania |
Tabor College Victoria |
Australian College of Applied Psychology Pty Ltd |
Australian Guild of Music Education Incorporated |
Australian Institute of Public Safety Pty Ltd |
Blue Mountains International Hotel Management School Pty Ltd |
Box Hill Institute of Technical and Further Education |
East Coast Gestalt Training Incorporated |
Institute of Counselling Incorporated |
International College of Management Sydney Pty Ltd |
JMC Pty Ltd |
North Melbourne Institute of TAFE |
Harvest West Bible College Inc |
Adelaide Central School of Art Incorporated |
The Cairnmillar Institute School of Counselling and Psychotherapy Pty Ltd |
William Angliss Institute of TAFE |
Holmes Commercial Colleges (Melbourne) Ltd |
Melbourne Institute of Technology Pty Ltd |
Think: Colleges Pty Ltd |
Gordon Institute of TAFE |
Melbourne Institute for Experiential and Creative Arts Therapy |
Alphacrucis College Limited |
The Minister may declare that a Table in subsection (1) is amended in the manner specified in the declaration and, where such a declaration is made, the declaration has effect accordingly.
For the purposes of section 8 of the Acts Interpretation Act 1901, a declaration under subsection (2) that amends a Table in subsection (1) by way of repealing part of that Table shall be taken to be an Act that repeals that part of that Table.
For the purposes of this Act:
the Minister is to be taken to have paid money to an institution that is not a body corporate if he or she has paid money to the body administering the institution; and
an institution that is not a body corporate shall be taken to have done any act or thing that is required or permitted by this Act to be done if the body administering the institution has done that act or thing.
Where:
a State proposes to establish an institution;
the name of the proposed institution is referred to in an instrument signed by the Minister; and
an institution under that name has not been established or a body has not been established to administer the proposed institution;
then, for the purposes of this Act:
an institution under that name shall be taken to be in existence;
the Minister is taken to have paid money to the institution if he or she has paid the money to a person or body determined by the Minister to be the appropriate authority in relation to the institution for the purposes of this Act; and
the institution shall be taken to have done any act or thing that is required or permitted by this Act to be done if the appropriate authority in relation to the institution has done that act or thing.
Where, for operating purposes or for limited operating purposes, an institution which has yet to adopt full accrual accounting principles makes provision, not inconsistent with actuarial principles, in the accounts (including the journals and ledgers) of the institution for future or contingent liabilities in respect of superannuation payments, long service leave or workers’ compensation, the institution shall be taken, for the purposes of this Act, to have spent the amount of that provision for operating purposes or for limited operating purposes, as the case requires, in respect of the year in which that provision is made.
If:
an institution specified in Table A in subsection 4(1) transfers an amount of money into a special fund in the institution’s accounts; and
the money in the fund is to be used only for future expenditure on the following items:
capital projects of the institution;
equipment of the institution;
minor building projects of the institution;
the institution is to be taken, for the purposes of this Act, to have spent the amount for operating purposes in respect of the year in which the amount was transferred.
If:
an institution specified in Table B in subsection 4(1) transfers an amount of money into a special fund in the institution’s accounts; and
the money in the fund is to be used only for future expenditure on the following items:
equipment of the institution;
minor building projects of the institution;
the institution is to be taken, for the purposes of this Act, to have spent the amount for limited operating purposes in respect of the year in which the amount was transferred.
Any determination, specification, approval, declaration, direction, requirement, guideline or notification made, issued or given by the Minister under, or for the purposes of, this Act must be made, issued or given in writing.
The issue of a guideline must be notified in the Gazette.
The notification must set out the address of the place from which copies of the guideline may be obtained.
Where a matter specified in an instrument signed by the Minister has been varied by another such instrument, a reference in this Act to that matter is a reference to that matter as so varied.
The express references in this Act to the Australian Capital Territory or the Northern Territory do not imply that references in this Act to a State do not include references to that Territory.
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