Higher Education Support Act 2003

Div 97 inserted by No 76 of 2018, s 3 and Sch 3 item 6, effective 1 January 2020. No 76 of 2018, s 3 and Sch 3 items 144 - 147 contains the following application and transitional provisions:

Part 2 - Application and transitional provisions

144 Application - HELP balance provisions  
(1)
For the purposes of this item, HELP balance provisions means the following provisions of the Higher Education Support Act 2003 (as amended by this Schedule):

(a) paragraph 90-1(ba) ;

(b) section 93-20 so far as that section relates to an amount of HECS-HELP assistance to which a student is or would be entitled for a unit of study;

(c) subparagraph 128-15(1)(a)(i) ;

(d) Division 97 ;

(e) subparagraph 107-10(1)(a)(ia) ;

(f) subparagraph 107-10(2)(b)(ia) ;

(g) subparagraph 54(1)(a)(ia) of Schedule 1A ;

(h) subparagraph 54(2)(b)(ia) of Schedule 1A .

(2)
The HELP balance provisions apply in relation to a unit of study in which a student was or is enrolled with a higher education provider as part of a course of study if the census date for the unit is on or after 1 January 2020.
145 Transitional - re-credited amounts  
145
If, before 1 January 2020, an amount was re-credited to a person ' s FEE-HELP balance under:

(a) Subdivision 104-B of the Higher Education Support Act 2003 ; or

(b) Subdivision 7-B of Schedule 1A to that Act; or

(c) Part 6 of the VET Student Loans Act 2016 ;

section 128-15 of the Higher Education Support Act 2003 (as amended by this Schedule) has effect as if the amount had been re-credited to the person ' s HELP balance immediately after the start of 1 January 2020.

146 Transitional - pending decisions about re-credited amounts  
146
If:

(a) an application for the re-crediting of an amount to a person ' s FEE-HELP balance was made before 1 January 2020; and

(b) the application was made under:

(i) section 104-25 of the Higher Education Support Act 2003 ; or

(ii) clause 46 of Schedule 1A to that Act; or

(iii) section 72 of the VET Student Loans Act 2016 ; and

(c) no decision was made on the application before the commencement of this item;

the application has effect, after the start of 1 January 2020, as if it were an application for the re-crediting of the amount to the person ' s HELP balance.

147 Transitional - indexation  
147
Despite anything in subsection 198-10(1) of the Higher Education Support Act 2003 , the HELP loan limit is not to be indexed on 1 January 2020.

S 97-55 inserted by No 30 of 2025, s 3 and Sch 1 item 18, effective 3 August 2025. No 30 of 2025, s 3 and Sch 1 items 85 - 87 contain the following transitional provisions:

Part 2 - Modification and transitional rules

Division 1 - Modification rules

85 Modification rules  
(1)
The Minister may, by legislative instrument, make rules modifying the operation of a provision specified in subitem (2) by providing that the provision applies as if a reference in the provision to 1 June 2025 were a reference to a later day specified by those rules (which must be no later than 2 calendar days after 1 June 2025).

(2)
The following provisions are specified:
(a) a provision of the Australian Apprenticeship Support Loans Act 2014 , as amended by this Schedule, that refers to 1 June 2025;
(b) a provision of the Higher Education Support Act 2003 , as amended by this Schedule, that refers to 1 June 2025;
(c) a provision of the Social Security Act 1991 , as amended by this Schedule, that refers to 1 June 2025;
(d) a provision of the Student Assistance Act 1973 , as amended by this Schedule, that refers to 1 June 2025;
(e) a provision of the VET Student Loans Act 2016 , as amended by this Schedule, that refers to 1 June 2025.
86 Requirements for making modification rules  
Agreement of administering Minister

(1)
The Minister must not make rules under subitem 85(1) that modify the operation of a provision of an Act without the written agreement of a Minister administering the Act.

(2)
Subitem (1) does not apply in relation to a provision of the Higher Education Support Act 2003 .

Time limit on making rules

(3)
Rules under subitem 85(1) may only be made before the later of:
(a) 1 January 2026; and
(b) the day after the end of the period of 3 months beginning on the day this item commences.

Rules must not do certain things

(4)
To avoid doubt, rules made under subitem 85(1) may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of an Act.

Division 2 - Transitional rules

87 Transitional rules  
(1)
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

(2)
To avoid doubt, rules made under subitem (1) may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of an Act.

(3)
This Schedule (other than subitem (2)) does not limit the rules that may be made under subitem (1).