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HIGHER EDUCATION SUPPORT ACT 2003 NO. 149, 2003
TABLE OF PROVISIONS
Long Title
CHAPTER 1--Introduction
Division 1--Preliminary
1.1. Short title
1.5. Commencement
1.10. Identifying defined terms
1.15. Application of Chapter 6 etc.
Division 2--Objects
2.1. Objects of this Act
Division 3--Overview of this Act
3.1. General
3.5. Grants for higher education assistance (Chapter 2)
3.10. Assistance to students (Chapter 3)
3.15. Repayment of loans (Chapter 4)
3.20. Administration (Chapter 5)
3.25. Provision of higher education in the external Territories (Chapter 6)
CHAPTER 2--Grants for higher education assistance
Division 8--Introduction
8.1. What this Chapter is about
PART 2-1--HIGHER EDUCATION PROVIDERS
Division 13--Introduction
13.1. What this Part is about
13.5. The Higher Education Provider Guidelines
Division 16--What is a higher education provider?
Subdivision 16-A--General
16.1. Meaning of higher education provider
16.5. When a body becomes or ceases to be a higher education provider
Subdivision 16-B--Which bodies are listed providers?
16.10. Listed providers
16.15. Table A providers
16.20. Table B providers
Subdivision 16-C--How are bodies approved as higher education providers?
16.25. Approval by the Minister
16.30. The tuition assurance requirements
16.35. Additional requirements for non self-accrediting providers
16.40. Application
16.45. Minister may seek further information
16.50. Minister to decide application
16.55. Disallowance of approval
Division 19--What are the quality and accountability requirements?
Subdivision 19-A--General
19.1. The quality and accountability requirements
Subdivision 19-B--The financial viability requirements
19.5. Basic requirement
19.10. Financial information must be provided
19.12. Minister to have regard to financial information
Subdivision 19-C--The quality requirements
19.15. Provider must maintain quality
19.20. Provider (other than Table A provider) to comply with National Protocols etc.
19.25. Quality assuranceprovider (other than Table A provider)
19.27. Quality assuranceTable A provider
Subdivision 19-D--The fairness requirements
19.30. Basic requirement
19.35. Benefits and opportunities must be available equally to all students
19.40. Compliance with the tuition assurance requirements
19.45. Student grievance and review procedures
19.50. Higher education providers to appoint review officers
19.55. Review officers not to review own decisions
19.60. Procedures relating to personal information
Subdivision 19-E--The compliance requirements
19.65. Basic requirements
19.70. Provider to provide statement of general information
19.75. Notice of events that affect provider's ability to comply with conditions of Commonwealth assistance
Subdivision 19-F--What are the contribution and fee requirements?
19.85. Basic requirement
19.90. Determining student contribution amounts and tuition fees
19.95. Schedules of student contribution amounts per place and tuition fees
19.100. Limits on tuition fees for courses of study
19.105. Meaning of tuition fee
Division 22--When does a body cease to be a higher education provider?
Subdivision 22-A--General
22.1. Cessation of approval as a provider
Subdivision 22-B--Revocation for cause
22.5. Revocation of approval if application for approval as a provider is false or misleading
22.10. Revocation of approval as a provider if body ceases to be a university etc.
22.15. Revocation of approval as a provider for a breach of conditions or the quality and accountability requirements
Subdivision 22-C--Process for decisions on revocation under Subdivision 22-B
22.20. Process for revoking approval as a provider for loss of status or a breach
22.25. Determination retaining approval as a provider in respect of existing students
22.30. Suspension of approval as a provider
22.35. Disallowance of revocation
Subdivision 22-D--Revocation of approval on application
22.40. Revocation of approval as a provider on application
PART 2-2--COMMONWEALTH GRANT SCHEME
Division 27--Introduction
27.1. What this Part is about
27.5. Guidelines
Division 30--Which higher education providers are eligible for a grant?
Subdivision 30-A--Basic rules
30.1. Eligibility for grants
30.5. Maximum grants
Subdivision 30-B--Allocation of places
30.10. Allocation of places
30.15. Funding clusters
30.20. National priorities
Subdivision 30-C--Funding agreements
30.25. Funding agreements
Division 33--How are grant amounts worked out?
Subdivision 33-A--Basic rule
33.1. How grant amount is worked out
Subdivision 33-B--Basic grant amounts
33.5. Basic grant amounts
33.10. Commonwealth contribution amounts
33.15. Increases in assistance for higher education providers meeting certain requirements
Subdivision 33-C--Adjustments
33.20. Adjustments in accordance with guidelines
33.25. Adjustments that apply in the absence of guidelines
33.30. Working out the number of Commonwealth supported places provided
33.35. Funding clusters in which units of study are included
Subdivision 33-D--Special purpose advances
33.40. Advances for certain purposes
Division 36--What are the conditions of receiving a grant?
Subdivision 36-A--General
36.1. Condition of grant to comply with this Division
Subdivision 36-B--Conditions relating to Commonwealth supported students
36.5. Meaning of Commonwealth supported student
36.10. Advice on whether a person is a Commonwealth supported student
36.15. Persons not to be advised they are Commonwealth supported
36.20. Providers to repay amounts if Student Learning Entitlement is re-credited
Subdivision 36-C--Conditions relating to enrolment
36.25. Continued support for Commonwealth supported students
36.30. Providers to fill Commonwealth supported places before accepting other enrolments
36.35. Percentage of Commonwealth supported places to be provided by Table A providers
36.40. Providers to cancel enrolments in certain circumstances
Subdivision 36-D--Conditions relating to student contribution amounts
36.45. Limits on student contribution amounts
36.50. Provider must not accept up-front payments of more than 80% of student contribution amounts
Subdivision 36-E--Conditions relating to tuition fees
36.55. Tuition fees for non-Commonwealth supported students
Subdivision 36-F--Other conditions
36.60. Providers to meet the quality and accountability requirements
36.65. Providers to comply with funding agreement
36.70. Providers to comply with the Commonwealth Grant Scheme Guidelines
PART 2-3--OTHER GRANTS
Division 41--Other grants
41.1. What this Part is about
41.5. The Other Grants Guidelines
41.10. Eligibility for grants under this Part
41.15. Grants may be paid under programs
41.20. Approval of grants
41.25. Conditions on grants
41.30. Amount of a grant
41.35. Amounts payable under this Part
41.40. Rollover of grant amounts
41.45. Maximum payments for other grants under this Part
41.50. Grant amounts is disallowable instrument
PART 2-4--GRANTS FOR COMMONWEALTH SCHOLARSHIPS
Division 46--Grants for Commonwealth scholarships
46.1. What this Part is about
46.5. The Commonwealth Scholarships Guidelines
46.10. Classes of Commonwealth scholarships
46.15. Who is eligible to receive a grant from the Commonwealth for Commonwealth scholarships?
46.20. Other matters relating to Commonwealth scholarships
46.25. Condition of grants
46.30. Amounts payable under this Part
46.35. Rollover of grant amounts
46.40. Maximum payments for Commonwealth scholarships
PART 2-5--REDUCTION AND REPAYMENT OF GRANTS
Division 51--Introduction
51.1. What this Part is about
51.5. The Reduction and Repayment Guidelines
Division 54--In what circumstances may a grant be reduced or required to be repaid?
54.1. Decision as to reduction or repayment of a grant
54.5. Appropriateness of requiring reduction or repayment of grant
Division 57--What is the amount of a reduction or repayment?
57.1. Reduction in amount of grants
57.5. Amount of the repayment
Division 60--How are decisions reducing a grant or requiring repayment of a grant made?
60.1. Procedure prior to decision
60.5. Notification of decision
60.10. When a decision takes effect
CHAPTER 3--Assistance to students
Division 65--Introduction
65.1. What this Chapter is about
PART 3-1--STUDENT LEARNING ENTITLEMENT
Division 70--Introduction
70.1. What this Part is about
70.5. The Student Learning Entitlement Guidelines
Division 73--What is a person's Student Learning Entitlement?
73.1. A person's Student Learning Entitlement
73.5. Ordinary SLE
73.10. Meaning of EFTSL
73.15. Meaning of EFTSL value
73.20. Additional SLE
73.22. Life long SLE
73.25. SLE not transferable
73.30. Ceasing to be an eligible person
Division 76--When is a person's Student Learning Entitlement reduced?
76.1. Reducing a person's SLE
76.5. Reducing a person's additional SLE
76.10. Reducing a person's life long SLE
Division 79--In what circumstances can a person's Student Learning Entitlement be re-credited?
79.1. Re-crediting a person's SLE
79.5. Special circumstances
79.10. Application period
79.15. Dealing with applications
Division 82--When is a unit of study covered by a person's Student Learning Entitlement?
82.1. General rule
82.5. Availability of a person's SLE
82.10. Additional SLE
82.15. Simultaneous enrolments that exceed a person's SLE
PART 3-2--HECS-HELP ASSISTANCE
Division 87--Introduction
87.1. What this Part is about
87.5. The HECS-HELP Guidelines
Division 90--Who is entitled to HECS-HELP assistance?
90.1. Entitlement to HECS-HELP assistance
90.5. Citizenship or residency requirements
Division 93--How are amounts of HECS-HELP assistance worked out?
93.1. The amount of HECS-HELP assistance for a unit of study
93.5. Student contribution amounts
93.10. Maximum student contribution amounts per place
93.15. Up-front payments
Division 96--How are amounts of HECS-HELP assistance paid?
96.1. Payments to higher education providersno up-front payment of student contribution amount
96.5. Payments to higher education providerspartial up-front payment of student contribution amount
96.10. Payments to higher education providersfull up-front payment of student contribution amount
PART 3-3--FEE-HELP ASSISTANCE
Division 101--Introduction
101.1. What this Part is about
101.5. The FEE-HELP Guidelines
Division 104--Who is entitled to FEE-HELP assistance?
Subdivision 104-A--Basic rules
104.1. Entitlement to FEE-HELP assistance
104.5. Citizenship or residency requirements
104.10. Course requirements
Subdivision 104-B--FEE-HELP balances
104.15. A person's FEE-HELP balance
104.20. The FEE-HELP limit
104.25. Re-crediting a person's FEE-HELP balance
104.30. Special circumstances
104.35. Application period
104.40. Dealing with applications
Subdivision 104-C--Bridging courses for overseas-trained professionals
104.45. Meaning of bridging course for overseas-trained professionals
104.50. Assessment statements
104.55. Meaning of assessing body
104.60. Meaning of listed professional occupations
104.65. Occupation includes part of an occupation
104.70. Requirements for entry to an occupation
104.75. Meanings of student load and maximum BOTP student load
Division 107--How are amounts of FEE-HELP assistance worked out?
107.1. The amount of FEE-HELP assistance for a unit of study
107.5. Up-front payments
107.10. Amounts of FEE-HELP assistance must not exceed the FEE-HELP balance
Division 110--How are amounts of FEE-HELP assistance paid?
110.1. Payments to higher education providers
110.5. Effect of FEE-HELP balance being re-credited
PART 3-4--OS-HELP ASSISTANCE
Division 115--Introduction
115.1. What this Part is about
115.5. The OS-HELP Guidelines
Division 118--Who is entitled to OS-HELP assistance?
118.1. Entitlement to OS-HELP assistance
118.5. Citizenship or residency requirements
118.10. Overseas study requirements
118.15. Selection of students for receipt of OS-HELP assistance
Division 121--How are amounts of OS-HELP assistance worked out?
121.1. The amount of OS-HELP assistance for a period
121.5. Maximum OS-HELP amount
121.10. Minimum OS-HELP amounts
Division 124--How are amounts of OS-HELP assistance paid?
124.1. Amounts of OS-HELP assistance are lent to students
CHAPTER 4--Repayment of loans
Division 129--Introduction
129.1. What this Chapter is about
PART 4-1--INDEBTEDNESS
Division 134--Introduction
134.1. What this Part is about
Division 137--How do HELP debts arise?
137.1. HELP debts
137.5. HECS-HELP debts
137.10. FEE-HELP debts
137.15. OS-HELP debts
137.20. HELP debt discharged by death
Division 140--How are accumulated HELP debts worked out?
Subdivision 140-A--Outline of this Division
140.1. Outline of this Division
Subdivision 140-B--Former accumulated HELP debts
140.5. Working out a former accumulated HELP debt
140.10. HELP debt indexation factor
140.15. Index numbers
140.20. Publishing HELP debt indexation factors
Subdivision 140-C--Accumulated HELP debts
140.25. Working out an accumulated HELP debt
140.30. Rounding of amounts
140.35. Accumulated HELP debt discharges earlier debts
140.40. Accumulated HELP debt discharged by death
PART 4-2--DISCHARGE OF INDEBTEDNESS
Division 148--Introduction
148.1. What this Part is about
Division 151--How is indebtedness voluntarily discharged?
151.1. Voluntary repayments in respect of debts
151.5. Voluntary repayment bonus relating to HELP debts
151.10. Application of voluntary repayments
151.15. Refunding of payments
Division 154--How is indebtedness compulsorily discharged?
Subdivision 154-A--Liability to repay amounts
154.1. Liability to repay amounts
154.5. Repayment income
154.10. Minimum repayment income
154.15. Repayable debt for an income year
Subdivision 154-B--Amounts payable to the Commonwealth
154.20. Amounts payable to the Commonwealth
154.25. Indexation
154.30. Publishing indexed amounts
Subdivision 154-C--Assessments
154.35. Commissioner may make assessments
154.40. Notification of notices of assessment of tax
154.45. Commissioner may defer making assessments
154.50. Commissioner may amend assessments
154.55. Higher education providers etc. to provide information to Commissioner
Subdivision 154-D--Application of tax legislation
154.60. Returns, assessments, collection and recovery
154.65. Charges and civil penalties for failing to meet obligations
154.70. Pay as you go (PAYG) withholding
154.75. Provisional tax
154.80. Pay as you go (PAYG) instalments
CHAPTER 5--Administration
Division 159--Introduction
159.1. What this Chapter is about
159.5. The Administration Guidelines
PART 5-1--PAYMENTS BY THE COMMONWEALTH
Division 164--Payments by the Commonwealth
164.1. What this Part is about
164.5. Time and manner of payments
164.10. Advances
164.15. Overpayments
164.20. Rounding of amounts
164.25. Appropriation
PART 5-2--ADMINISTRATIVE REQUIREMENTS ON HIGHER EDUCATION PROVIDERS
Division 169--Administrative requirements on higher education providers
169.1. What this Part is about
169.5. Notices
169.10. Correction of notices
169.15. Charging student contribution amounts and tuition fees
169.20. Exempt students
169.25. Determining census dates and EFTSL values
169.30. Communications with the Commonwealth concerning students etc.
PART 5-3--ELECTRONIC COMMUNICATIONS
Division 174--Electronic communications
174.1. What this Part is about
174.5. Electronic communications from students to higher education providers
174.10. Electronic communication by students of students' signatures
174.15. The effect of sections 174-5 and 174-10
174.20. Notices electronically communicated from higher education providers to students
174.25. Guidelines may deal with electronic communications from higher education providers to students
PART 5-4--PROTECTION OF PERSONAL INFORMATION
Division 179--Protection of personal information
179.1. What this Part is about
179.5. Meaning of personal information
179.10. Use of personal information
179.15. Meanings of officer etc. and official employment
179.20. When information is disclosed in the course of official employment
179.25. Commissioner may disclose information
179.30. Oath or affirmation to protect information
179.35. Unauthorised access to, or modification of, personal information
PART 5-5--TAX FILE NUMBERS
Division 184--Introduction
184.1. What this Part is about
Division 187--What are the tax file number requirements for assistance under Chapter 3?
187.1. Meeting the tax file number requirements
Division 190--In what circumstances can higher education providers be notified of tax file number matters?
190.1. When tax file numbers are issued etc.
190.5. When tax file numbers are altered
190.10. When tax file numbers are incorrectly notifiedstudents with tax file numbers
190.15. When tax file numbers are incorrectly notifiedstudents without tax file numbers
190.20. When applications are refused or tax file numbers are cancelled
Division 193--What are the requirements on higher education providers relating to tax file numbers?
193.1. Giving information about tax file number requirements
193.5. Cancelling enrolments of people without tax file numbers
PART 5-6--INDEXATION
Division 198--Indexation
198.1. What this Part is about
198.5. The amounts that are to be indexed
198.10. Indexing amounts
198.15. Meaning of indexation factor
198.20. Meaning of index number
198.25. Review of indexation
PART 5-7--REVIEW OF DECISIONS
Division 203--Introduction
203.1. What this Part is about
Division 206--Which decisions are subject to review?
206.1. Reviewable decisions etc.
206.5. Deadlines for making reviewable decisions
206.10. Decision maker must give reasons for reviewable decisions
Division 209--How are decisions reconsidered?
209.1. Reviewer of decisions
209.5. Reviewer may reconsider reviewable decisions
209.10. Reconsideration of reviewable decisions on request
Division 212--Which decisions are subject to AAT review?
212.1. AAT review of reviewable decisions
CHAPTER 6--The provision of higher education in the external Territories
Division 217--Introduction
217.1. What this Chapter is about
PART 6-1--APPROVAL AND ACCREDITATION
Division 222--Introduction
222.1. What this Part is about
Division 225--How does a person obtain approval and accreditation?
225.1. Application for approval as self-accrediting entity or for accreditation of course
225.5. Approving a person as a self-accrediting entity
225.10. Accrediting a course of study
225.15. Duration of approval and accreditation
225.20. Amending or revoking an approval or accreditation
225.25. Fees
Division 228--Limitations upon operations of certain persons in the external Territories
228.1. Persons without accreditation not to operate as universities or other provider in external Territories
228.5. Persons without accreditation not to offer higher education awards or courses in external Territories
228.10. Persons without accreditation not to describe themselves as universities in external Territories
228.15. Meanings of operating and offering
PART 6-2--USE OF COMPANY NAMES AND BUSINESS NAMES
Division 233--Use of company names and business names
233.1. Law in force in external Territory not to allow company or business names using the word "university" etc.
CHAPTER 7--Miscellaneous
238.1. Delegations by Secretary
238.5. Delegations by Minister
238.7. Review of impact of Act
238.10. Guidelines
238.15. Regulations
SCHEDULE 1 - Dictionary
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