s 1Short title
This Act may be cited as the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003.
This Act may be cited as the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 19 December 2003
2. Section 4 The later of:
1 January 2004; and
immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003. 1 January 2004
3. Schedule 1 The later of:
1 January 2004; and
immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003. 1 January 2004
4. Schedule 2, Parts 1 to 3 The later of:
1 January 2004; and
immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003. 1 January 2004
5. Schedule 2, Part 4 The later of:
1 July 2004; and
the 28th day after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003. 1 July 2004
6. Schedule 2, Part 5 The later of:
1 March 2004; and
the 28th day after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003. 1 March 2004
7. Schedule 2, Part 6 The later of:
1 January 2004; and
immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003. 1 January 2004
8. Schedule 2, items 95 to 103 The later of:
1 January 2004; and
immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003. 1 January 2004
9. Schedule 2, item 104 18 September 2001 18 September 2001
10. Schedule 2, items 105 to 108 4 April 2002 4 April 2002
11. Schedule 2, item 109 18 September 2001 18 September 2001
12. Schedule 2, item 110 4 April 2002 4 April 2002
13. Schedule 2, item 111 18 September 2001 18 September 2001
14. Schedule 2, item 112 The later of:
1 January 2004; and
immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003. 1 January 2004
15. Schedule 2, items 113 to 119A The later of:
1 January 2005; and
immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003. 1 January 2005
16. Schedule 2, items 120 to 169 The later of:
1 January 2004; and
immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003. 1 January 2004
This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Expressions used in this Act that are defined in the Higher Education Support Act 2003 have in this Act, unless the contrary intention appears, the same meanings as in that Act.
Schedule 1-Transitional provisions
Part 1-Transitional arrangement for students under the Higher Education Contribution Scheme
If:
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
the period over which the person is undertaking the unit ends on or before 31 December 2008; and
the person is a contributing student within the meaning of Chapter 4 of the Higher Education Funding Act 1988; and
the course is a designated course of study within the meaning of that Chapter; and
the person:
is entitled to HECS‑HELP assistance for the unit; or
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
the person has neither:
discontinued his or her enrolment in the course since that commencement (see item 2); nor
completed the requirements of the course;
then:
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
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
the person is taken, for the purposes of that Act, to be a Commonwealth supported student in relation to the unit; and
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.
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.
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.
In this item:
excepted student has the meaning given by subsection 41(3) of the Higher Education Funding Act 1988.
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:
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
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
circumstances have occurred that are specified in the guidelines under item 4 as not amounting to a discontinuance of enrolment.
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.
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
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.
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:
it was an amount referred to in the table in section 198‑5 of that Act; and
the first year of indexation in relation to the amount was the year 2005.
The Minister may, by legislative instrument, make guidelines providing for matters:
required or permitted by this Schedule to be provided; or
necessary or convenient to be provided in order to carry out or give effect to this Schedule.
Without limiting subitem (1), the guidelines may provide for:
when a person is taken to have commenced a course of study; and
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.
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
If:
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
the period over which the person is undertaking the unit ends on or before 31 December 2008; and
the person is an eligible student, within the meaning of section 98B of the Higher Education Funding Act 1988, for the semester; and
the course is an eligible post‑graduate course of study within the meaning of section 98A of that Act; and
the Commonwealth had, under section 98G of that Act, discharged a liability that the person had incurred in relation to the course; and
the person:
is entitled to FEE‑HELP assistance for the unit; or
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
the person has neither:
discontinued his or her enrolment in the course since that commencement (see item 7); nor
completed the requirements of the course;
then:
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
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.
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.
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:
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
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
circumstances have occurred that are specified in the guidelines under item 8 as not amounting to a discontinuance of enrolment.
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