HIGHER EDUCATION LEGISLATION AMENDMENT ACT (NO. 2) 2002 NO. 78, 2002 - SCHEDULE 1 - Amendment of the Higher Education Funding Act 1988
HIGHER EDUCATION LEGISLATION AMENDMENT ACT (NO. 2) 2002 NO. 78, 2002 - SCHEDULE 1
- Amendment of the Higher Education Funding Act 1988 1 Paragraphs 17(m), (n) and (o)
- (m)
- in the case of the year 2001$2,749,161,000; and
- (n)
- in the case of the year 2002$2,803,444,000; and
- (o)
- in the case of the year 2003$2,810,374,000; and
- (p)
- in the case of the year 2004$2,825,095,000.
2 Paragraphs 20(3)(n) and (o)
- (n)
- in the case of the year 2002$112,793,000; and
- (o)
- in the case of the year 2003$118,690,000; and
- (p)
- in the case of the year 2004$118,690,000.
3 Paragraph 22A(5)(k)
4 At the end of subsection 22A(5)
- (l)
- for the year 2004$235,000.
5 Paragraphs 23C(2)(j) and (k)
- (j)
- for the year 2002$1,065,435,000; and
- (k)
- for the year 2003$1,094,171,000; and
- (l)
- for the year 2004$1,113,429,000.
6 Paragraphs 24(3)(n) and (o)
- (n)
- in the case of the year 2002$5,287,000; and
- (o)
- in the case of the year 2003$5,287,000; and
- (p)
- in the case of the year 2004$5,287,000.
7 Paragraphs 27A(6)(i) and (j)
- (i)
- for the year 2002$41,209,000; and
- (j)
- for the year 2003$41,209,000; and
- (k)
- for the year 2004$41,209,000.
8 Paragraphs 27D(2)(e) and (f)
- (e)
- in the case of the year 2002$5,285,000; and
- (f)
- in the case of the year 2003$5,285,000; and
- (g)
- in the case of the year 2004$5,285,000.
10 Paragraph 18(1)(f)
11 Subsection 18(4)
12 Subsection 21A(1)
13 Subsections 21A(4) and (5)
14 Subsection 23(5)
(5) Financial assistance is granted to an institution or another body under subsection (3) in relation to an approved proposal of the institution or body in respect of a year on the condition that:
- (a)
- the sum of the amounts spent by the institution or other body in connection with the proposal in respect of that year, being amounts spent before the end of that year or spent after that year in respect of commitments entered into before the end of that year;
- is not less than:
- (b)
- the sum of the amounts of financial assistance paid to the institution or body under this section in relation to the proposal.
15 Subsection 23B(1)
16 Subsections 23B(5) and (6)
17 Subsection 24(4)
(4) Financial assistance is granted to an institution under subsection (2) in respect of a year on the condition that:
- (a)
- the sum of the amounts spent by the institution in making contributions towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the institution;
- is not less than:
- (b)
- the sum of the amounts of financial assistance paid to the institution under subsection (2) in relation to the institution in respect of that year.
18 Subsection 25(3)
(3) Financial assistance is granted to an institution under subsection (1) in respect of a year on the condition that:
- (a)
- the sum of the amounts spent by the institution for the purpose of the review and research referred to in subsection (1) in the institution in respect of that year;
- is not less than:
- (b)
- the sum of the amounts of financial assistance paid to the institution under subsection (1) in respect of that year.
19 Paragraph 27C(d)
20 Paragraph 27C(e)
21 At the end of paragraph 108(a)
22 Paragraph 108(c)
23 At the end of section 108
- (d)
- the institution or body gives to the Minister, not later than 30 June next following that year, a financial statement in respect of that year, in an approved form, together with a report on the statement by a qualified auditor.
24 Application of amendmentsacquittal of financial assistance
- (a)
- the year that began on 1 January 2002; or
- (b)
- a later year.
(1A) However, an institution is not required to give a student a notice under subsection (1) in relation to a course of study in respect of a semester if:
- (a)
- the student is an overseas student in relation to the course of study in respect of the semester; and
- (b)
- the student pays fees for the course of study in respect of the semester.
27 Paragraph 98E(f)
28 Subsection 106U(2)
(2A) Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 has effect as if:
- (a)
- any HEC assessment debt of a person were income tax payable by the person in respect of the year of income in respect of which the assessment of that debt was made; and
- (b)
- Chapters 4, 4A, 4B, 5, 5A and 5B of this Act were income tax laws.
(2B) Subsection (2A) does not have the effect of making a person liable
to a penalty for any act or omission that happened before the commencement of
this subsection.
29 Transitional subsection 106U(2) of the
Higher Education Funding Act 1988
30 Subsection 112(3)
31 After section 112
(1) Chapters 4, 4A, 4B, 5, 5A and 5B are taken to be, and are taken
always to have been, taxation laws for the purposes of the Taxation
Administration Act 1953 .
(2) Subsection (1), in so far as it applies to Chapters 4A, 4B, 5,
5A and 5B, does not have the effect of making a person liable to a penalty for
any act or omission that happened before the commencement of this section.