HIGHER EDUCATION FUNDING ACT 1988
[ CCH Note: Act No 150 of 2003, s 3 and Sch 1 items 22 and 24, contains the following transitional provisions:
``Assessment statements
22(1)
A written statement that an assessing body for a listed professional occupation gave to a person, at a time before the commencement of the new Act, is taken to be an assessment statement for the purposes of the new Act if:
(a) the person held a qualification awareded in a foreign country; and
(b) the qualification related to that occupation; and
(c) the person proposed to seek entry to that occupation:
(i) in Australia; or
(ii) if the assessing body was an assessing body of a State or Territory - in that State or Territory; and
(d) the body gave the person a written statement to the effect that, in the body's opinion, if the person were to do any or all of the following:
(i) successfully undertake additional studies of a kind specified in the statement;
(ii) be successful in one or more examinations specified in the statement;
(iii) successfully undertake a tuition and training program of a kind specified in the statement;the person would meet the requirements for entry to that occupation.
Note:
A statement could specify one of the things mentioned in subparagraph (d)(i), (ii) or (iii) or any combination of the things mentioned in those subparagraphs.
22(2)
In this item:assessing body
includes a person or body that, immediately before the commencement of the new Act, was an assessing body for the purposes of Chapter 4B of the old Act.listed professional occupation
includes an occupation that, immediately before that commencement, was a listed professional occupation for the purposes of that Chapter.occupation
includes a part of an occupation that, immediately before that commencement, was an occupation for the purposes of that Chapter.
Definitions
24
In this Schedule:new Act
means the Higher Education Support Bill 2003 .old Act
means the Higher Education Funding Act 1988 .'']
View history note
Hide history noteThe Minister may determine that, for the purposes of this Chapter:
(a) a specified occupation is a listed professional occupation; and
(b) a specified person or body is a relevant assessing body for a particular listed professional occupation.
Note:
A determination under this subsection is a legislative instrument - see paragraph 110(b) .
98S(2)
A determination under subsection (1) has effect accordingly.
98S(3)
A copy of a determination under subsection (1) is to be:
(a) published in the Gazette ; and
(b) made available on the internet.
98S(4)
To avoid doubt, an occupation may be specified even if it is not one of the traditional professions.
98S(5)
This section does not prevent 2 or more persons or bodies from being relevant assessing bodies for the same listed professional occupation.
98S(6)
The specification of a person or body as a relevant assessing body for a particular listed professional occupation may be expressed to be limited to a particular State. In that event, sections 98T and 98U have effect, in relation to the relevant assessing body, as if each reference in those sections to Australia were, by express provision, confined so much of Australia as consists of that State.
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