Commonwealth Numbered Acts

HIGHER EDUCATION FUNDING ACT 1988 No. 2 of 1989 - SECT 3

3. 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 authority", in relation to a prescribed non-government institution,
means a person or body declared by the Minister to be an approved authority of
that institution for the purposes of this Act;

"approved form" means a form approved by the Minister;

"building project"means any of the following:

   (a)  the purchase of land with or without buildings;

   (b)  the designing, erection or extension of a building or other
        facilities;

   (c)  the development or preparation of land for building or other purposes;

   (d)  the installation of water, electricity or other services;
and includes:

   (e)  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

   (f)  a renovation project;

"capital expenditure" means expenditure on a building project (other than a
minor building project);

"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 technical and further education;

"educational profile" means an educational profile referred to in section 14;

"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:

   (a)  fees the payment of which is voluntary;

   (b)  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;

   (c)  fees payable in respect of residential accommodation;

   (d)  fees imposed in accordance with guidelines issued by the Minister for
        the imposition of fees in respect of overseas students;

   (e)  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;

   (f)  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;

   (g)  fees of a kind that are incidental to studies that may be undertaken
        at institutions and that the Minister has notified each
        State Higher Education Minister to be fees of a kind to which this
        paragraph applies; or

   (h)  contributions payable under Chapter 4;

"institution", except in Chapter 4, 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:

   (a)  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;

   (b)  the purchase of equipment for the institution for purposes referred to
        in paragraph (a); and

   (c)  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;

"operating purposes", in relation to an institution, means:

   (a)  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;

   (b)  the general research purposes of the institution;

   (c)  the provision by the institution of courses of continuing education;

   (d)  the purchase of equipment for the institution; and

   (e)  minor building projects of the institution;

"prescribed non-government institution" means Avondale College, McAuley
College and Marcus Oldham College of Farm Management;

"previous Assistance Act" means the States Grants (Tertiary Education 
Assistance) Act 1987 ;

"qualified accountant" means:

   (a)  a person registered as a company auditor or a public accountant under
        a law in force in a State or Territory;

   (b)  a member of the Institute of Chartered Accountants in Australia or of
        the Australian Society of Accountants; or

   (c)  a person approved by the Minister as a qualified accountant for the
        purposes of this Act;

"qualified auditor" means:

   (a)  the Auditor-General of a State; or

   (b)  a qualified accountant;

"recurrent expenditure" means expenditure that is not capital expenditure;

"renovation project" means either of the following:

   (a)  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;

   (b)  the installation of water, electricity or other services;

"Secretary" means Secretary to the Department;

"State" includes the Northern Territory;

"State Higher Education Minister" means:

   (a)  in relation to a State other than the Northern Territory-the Minister
        of the Crown for that State who is responsible, or principally
        responsible, for the administration of matters relating to higher
        education in that State; and

   (b)  in relation to the Northern Territory-the Minister of that Territory
        who is responsible, or principally responsible, for the administration
        of matters relating to higher education in that 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;

"technical and further education" has the same meaning as in the States Grants
(Technical and Further Education Assistance) Act 1988;

"this Act" does not include Chapter 7;

"year" means a calendar year;

"year to which this Chapter applies" means:

   (a)  in Chapter 4-the year 1989 or any subsequent year; or

   (b)  otherwise-the year 1989, the year 1990 or the year 1991.