HIGHER EDUCATION FUNDING ACT 1988 - SECT 98A Definitions

HIGHER EDUCATION FUNDING ACT 1988 - SECT 98A

  (1)   In this Chapter, unless the contrary intention appears:

"appropriate officer" of an institution means:

  (a)   a person who is an appropriate officer of the institution for the purposes of Chapter   4; or

  (b)   if the institution is an eligible private institution--a person, or a person included in a class of persons, appointed by the chief executive officer of the institution or the chief executive officer's delegate to be an appropriate officer of the institution for the purposes of this Chapter.

"eligible post-graduate course of study" at an institution means a course of study at the institution that:

  (a)   is a post - graduate course for which fees may be charged; and

  (b)   is not a post - graduate research award course of study; and

  (c)   if the institution is a non - self accrediting private institution:

  (i)   is a course that is accredited by a State or Territory accreditation agency listed in the Australian Qualifications Framework Register of Bodies with Authority to Issue Qualifications; and

  (ii)   is a course which the Minister is satisfied meets the criteria in place in the National Protocol for the Accreditation of Higher Education Courses to be offered by non - self accrediting providers, based on the advice of the State or Territory accreditation agency listed in the Australian Qualifications Framework Register of Bodies with Authority to Issue Qualifications.

    For the purposes of paragraph   ( c), a part of an agency is taken to be an agency in its own right.

"eligible private institution" has the meaning given by section   98AA.

"eligible student" , for a semester, has the meaning given by section   98B.

"institution" means:

  (a)   an institution referred to in section   4; or

  (b)   an eligible private institution.

"National Protocols" means the National Protocols for Higher Education Approval Processes (first endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs on 31   March 2000), as in force from time to time.

"non-self accrediting private institution" is an eligible private institution which appears in column 2 of the table in subsection   98AA(1).

"semester" means a semester in a year to which this Chapter applies, and has a meaning affected by subsection   ( 3).

"student" means:

  (a)   a person who proposes to undertake on or after 1   January 2002, or is undertaking or has undertaken on or after that date, an eligible post - graduate course of study at an institution (other than an eligible private institution); and

  (b)   when used in relation to a particular eligible post - graduate course of study at an institution (other than an eligible private institution)--a person who proposes to undertake on or after 1   January 2002, or is undertaking or has undertaken on or after that date, the eligible post - graduate course of study at that institution; and

  (c)   a person who proposes to undertake on or after 1   January 2003, or is undertaking or has undertaken on or after that date, an eligible post - graduate course of study at an eligible private institution; and

  (d)   when used in relation to a particular eligible post - graduate course of study at an eligible private institution--a person who proposes to undertake on or after 1   January 2003, or is undertaking or has undertaken on or after that date, the eligible post - graduate course of study at that institution.

  (2)   Expressions used in this Chapter that are defined in Chapter   4 have in this Chapter, unless the contrary intention appears, the same meanings as in Chapter   4.

  (3)   For the purposes of subsection   ( 2), section   37 and subsection   39(2) apply in relation to the expressions semester and standard student load in this Chapter in the same way that they apply in relation to those expressions in Chapter   4, as if:

  (a)   the references in section   37 and subsection   39(2) to institution were references to institution within the meaning of Chapter   4A; and

  (b)   the reference in subsection   39(2) to each designated course of study were a reference to each eligible post - graduate course of study.

  (3A)   For the purposes of this Chapter, the definition of census date in subsection   34(1) applies as if the reference in that definition to institution were a reference to institution within the meaning of Chapter   4A.

  (4)   Section   36 does not affect the meaning of the expression student load in this Chapter.

  (5)   Expressions used in this Chapter that are defined in the Income Tax Assessment Act 1936 have in this Chapter, unless the contrary intention appears, the same meanings as in that Act.

  (6)   For the purposes of this Chapter, the payment of an amount to an institution by a person other than a student in respect of fees payable by the student to the institution is taken to constitute payment of that amount to the institution by the student.