HIGHER EDUCATION FUNDING ACT 1988
Table of Provisions
CHAPTER 1--Introductory
- 1 Short title
- 2 Commencement
- 2A Objects of Act
- 3 Definitions
- 4 Institutions
- 5 References to payments and Acts
- 6 Proposed institutions
- 7 Provision for superannuation, long service leave or workers' compensation
- 8 Special fund for Table A institutions
- 8A Special fund for Table B institutions
- 9 Making and variation of determinations etc.
- 10 References to the Australian Capital Territory and the Northern Territory
- 11 Application of the Criminal Code
CHAPTER 2--Grants for Higher Education Assistance
PART 2.1----PRELIMINARY
- 12 Institutions to which provisions apply
- 13 Undergraduate and post - graduate fees
- 14 Educational profiles
PART 2.2----OPERATING AND OTHER GRANTS
- 15 Grants for expenditure for operating purposes
- 16 Grants for expenditure for limited operating purposes
- 17 Maximum grants
- 18 Conditions of grants
- 19 Grants for restructuring and rationalisation programs
- 20 Grants for superannuation expenses
- 20A Grants for special purposes
- 20B Grant to Marcus Oldham College
- 21 Proposals and grants for projects of national priority etc.
- 21A Conditions on certain grants under section 21
- 21B Grants in relation to innovation in, or quality of, higher education
- 22 Promotion of equality of opportunity
- 22A Grants to open learning organisations
- 23 Special research assistance
- 23A Grants for advanced engineering centres
- 23B Conditions of grants for advanced engineering centres
- 23BA Grants to co - operative multimedia centres
- 23C Limit on total funds available for certain grants
- 24 Grants in respect of teaching hospitals
- 25 Grants in respect of drug and alcohol education in teaching hospitals
- 25A Grants to support student organisations--payments to institutions
- 25B Grants to support student organisations--direct payments
- 26 Guidelines for non - building capital projects
- 27 Guidelines for special capital projects
- 27A Grants for special capital projects
- 27B Minister may give directions in relation to special capital projects
- 27C Conditions attaching to special capital grants
- 27D Expenditure on international marketing and promotion
PART 2.4----TRANSITIONAL
- 28 Adjustments where estimated 1988 enrolments not equal to actual enrolments
CHAPTER 4--Higher Education Contribution Scheme
PART 4.1----PRELIMINARY
- 34 Interpretation
- 35 Exempt students
- 36 Student load not to include work experience in industry
- 37 Semesters
PART 4.2----CONTRIBUTIONS
Division 1--Additional condition of grant of financial assistance
- 38 Additional condition
Division 2--Imposition and payment of contributions
- 39 Requirement to pay contributions
- 40 Annual course contribution
- 40A Annual Band amounts that apply from 1997
- 41 Requirements before enrolment or undertaking course
- 41A Institutions to give students certain information on enrolment
- 41B Certain students to give tax file number information by census date
- 41C Student must be excluded from course if tax file number information not provided
- 42 Power of Commissioner to inform institution concerning tax file number
- 42A Institution to cancel enrolment of student without tax file number
- 43 Application for issue or notification of tax file number
- 44 Issuing of tax file numbers
- 45 Current tax file number
- 46 Deemed refusal by Commissioner
- 47 Cancellation of tax file numbers
- 48 Alteration of tax file numbers
- 49 Notification of issued tax file numbers
- 50 Review of decisions
- 51 Statements to accompany notification of decisions
- 52 Unauthorised requirement etc. that tax file number be quoted
- 53 Unauthorised recording etc. of tax file number
- 54 Notice by institution
- 55 Requests for correction of notices
- 56 Overpayment of contribution
- 56A Institution to refund student payment if enrolment cancelled under section 41C
- 56B Institution to refund student payment if enrolment cancelled under section 42A
- 56C Electronic communications from students to institutions
- 56D Electronic signature of communications by students
- 56E Electronic communications from institutions to students
Division 3--Discharge by Commonwealth of students' liabilities for contributions
- 57 Commonwealth to discharge students' liabilities
- 58 Institutions to provide information to Minister
PART 4.4----REPAYMENT OF LOANS
Division 5--Miscellaneous
- 78 Secrecy
PART 4.5----ABOLITION OF HIGHER EDUCATION ADMINISTRATION CHARGE
Division 4--Canberra Institute of the Arts
- 96 Charges not to be imposed
CHAPTER 4A--Post-graduate education loan scheme
PART 4A.1----PRELIMINARY
- 98A Definitions
- 98AA Eligible private institution
- 98B Eligible student
PART 4A.2----ADDITIONAL CONDITION OF GRANT OF FINANCIAL ASSISTANCE
- 98C Additional condition
PART 4A.3----APPLICATIONS FOR AND GRANTS OF PELS LOANS
Division 1--Application for PELS loan
- 98D Making an application for a PELS loan
- 98E Tax file number of student
- 98F Notice by institution
Division 2--Discharge by Commonwealth of students' liability for fees
- 98G Commonwealth to discharge students' liabilities
- 98H Commonwealth not liable where person does not have a tax file number
- 98J Institution to provide information to Minister about post - graduate students
- 98JA Eligible private institution to report information
PART 4A.4----MISCELLANEOUS
- 98K Secrecy
- 98L Annual statement
- 98M Electronic communications between students and institutions
CHAPTER 4B--Bridging for overseas-trained professionals (BOTP) loan scheme
PART 4B.1----INTRODUCTION
- 98N Simplified outline
- 98NA No financial assistance payable
- 98P Definitions
- 98Q Occupation
- 98R Requirements for entry to occupation
- 98S Listed professional occupations and relevant assessing bodies
- 98T Assessment statement given by relevant assessing body
- 98U BOTP course
- 98V Citizenship/residency requirements
PART 4B.2----ADDITIONAL CONDITION OF GRANT OF FINANCIAL ASSISTANCE
- 98W Additional condition
PART 4B.3----APPLICATIONS FOR, AND GRANTS OF, BOTP LOANS
Division 1--Application for BOTP loan
- 98X Making an application for a BOTP loan
- 98Y Tax file number of student
- 98Z Notice by institution
Division 2--Discharge by the Commonwealth of students' liability for fees
- 98ZAA Application of Division
- 98ZA Commonwealth to discharge students' liabilities
- 98ZB Commonwealth not liable where person does not have a tax file number
- 98ZC Institution to provide information to Minister
PART 4B.4----MISCELLANEOUS
- 98ZD Secrecy
- 98ZE Annual statement
- 98ZF Electronic communications between students and institutions
CHAPTER 5--Open Learning Deferred Payment Scheme
PART 5.1----PRELIMINARY
PART 5.2----CHARGES
Division 1--Payment of basic charges
- 104 Basic charge
- 105 Eligible client may join deferred payment scheme
- 106A Tax file number of eligible client
- 106AA Agency to notify Minister where tax file number not provided
- 106AB Commonwealth not liable where client does not have a tax file number
- 106B Notice by Agency
- 106C Requests for correction of notices
- 106CA Electronic communications between clients and Agency
Division 2--Discharge by Commonwealth of clients' liability for basic charges
PART 5.3----MISCELLANEOUS
CHAPTER 5A--Repayment of loans made under Chapters 4, 4A, 4B and 5
PART 5A.1----PRELIMINARY
PART 5A.2----NATURE OF INDEBTEDNESS
- 106J HEC semester debt
- 106JA PELS semester debt
- 106JB BOTP semester debt
- 106K OL study period debt
- 106KA Semester debts do not arise after 1 January 2005
- 106L Power of Secretary to remit debt in special circumstances
- 106M Reconsideration of decision and appeal to Administrative Appeals Tribunal
- 106MA Further review of reconsideration decision concerning remission of semester debt
- 106N Calculation of accumulated HEC debt
- 106O Accumulated HEC debt discharges earlier debts
PART 5A.3----DISCHARGE OF INDEBTEDNESS
Division 1--Voluntary discharge of indebtedness
Division 1A--Voluntary repayments of accumulated HEC debt
Division 2--Requirement to discharge indebtedness
- 106Q Compulsory payments in respect of accumulated HEC debt
Division 3--Returns and assessments
- 106R Agency etc. to provide information to Commissioner
- 106T Assessment
- 106U Application of tax legislation
- 106V Notification on notices of assessment of tax
- 106W Power of Commissioner to defer assessment or reduce assessment to nil
- 106X Review of decision of Commissioner
Division 4--Miscellaneous
- 106Y Application of payments
- 106YA Effect of bankruptcy
- 106Z Indebtedness discharged by death
- 106ZA Secrecy
CHAPTER 5B--Limit on student debt to Commonwealth
PART 5B.1----PRELIMINARY
PART 5B.2----ADDITIONAL CONDITION OF GRANT OF FINANCIAL ASSISTANCE
- 106ZC Additional condition
PART 5B.3----MAXIMUM PERMITTED DEBT
- 106ZD Minister may determine maximum permitted debt
PART 5B.4----LOAN LIMIT NOTICES
- 106ZE Commissioner to give loan limit notice
- 106ZF Cancelling loan limit notice
- 106ZG Consequences of loan limit notice--no amounts payable by Commonwealth
PART 5B.5----SUSPENSION NOTICES
- 106ZH Commissioner must give suspension notice
- 106ZJ Consequences of suspension notice--HECS courses
PART 5B.6----SECRECY
- 106ZK Secrecy
CHAPTER 6--Miscellaneous
- 107 Benefits of, and opportunities created by, grants to be equally available to female and male students
- 108 Additional conditions
- 109 Amendments affecting entitlements to grants
- 110 Legislative instruments
- 110A Transitional financial assistance
- 110B Commonwealth not liable where person later gives correct information
- 111 Time and manner of payments
- 112 Delegation
- 112A Application of the Taxation Administration Act 1953
- 113 Advances
- 115 Authority to borrow
- 116 Application of money borrowed
- 118 Appropriation
- 119 Report by Minister
- 120 Regulations