HIGHER EDUCATION FUNDING ACT 1988

CHAPTER 4 - HIGHER EDUCATION CONTRIBUTION SCHEME  

PART 4.1 - PRELIMINARY  

SECTION 34   INTERPRETATION  

34(1)  


In this Chapter, unless the contrary intention appears:

[ Account]
(Repealed by No 121 of 2006)

annual Band amount
has the meaning given by section 40A .

annual course contribution
has the meaning given by section 40 .

appropriate officer
, in relation to an institution, means a person, or a person included in a class of persons, appointed by, or by a delegate of, the chief executive officer of the institution to be an appropriate officer of the institution for the purposes of this Chapter.

Band
has the meaning given by section 40A .

census date
, in relation to a course of study undertaken by a student at an institution in a semester, means:


(a) in the case of a course undertaken in a period that is taken to be a semester by virtue of subsection 37(2) or (3) :


(i) if the course is of not less than 6 weeks duration - the date that is 14 days after the date on which the student starts to undertake the course of study; or

(ii) if the course is of less than 6 weeks duration - the date on which the student starts to undertake the course of study; or


(b) in any other case - such date as is specified for the purposes of this definition by the Minister, by notice published in the Gazette , in relation to courses of study undertaken in that semester.

Commissioner
means the Commissioner of Taxation.

contributing student
, in relation to a designated course of study at an institution, means a student, other than an exempt student, in relation to that course of study.

contribution
means a contribution payable under this Chapter.

designated course of study
, in relation to an institution, means a course of study at that institution other than:


(b) a course of study provided in accordance with guidelines issued by the Minister under:


(i) subsection 13(1) ; or

(iv) subsection 32(5) of the Maritime College Act 1978 ;


(c) a course of instruction provided to persons for the purpose of enabling them to undertake a course of study; or


(d) a course provided at Avondale College, being a course that is not funded in whole or in part by the Commonwealth.

exempt student
has the meaning given by section 35 .

HEC assessment debt
means an amount that is required to be paid in respect of an accumulated HEC debt under section 106Q and is included in a notice of an assessment made under section 106T .

HEC semester debt
has the meaning given by section 106J .

overseas student charge

post-graduate award student
, in relation to a post-graduate course of study at an institution in respect of a year, means a student who holds an award, granted in accordance with guidelines issued by the Minister for the purposes of this definition, in respect of that course of study in respect of that year.

Reserve

semester
means a semester in a year to which this Chapter applies.

standard student load
has a meaning affected by subsection 39(2) .

student
means a person who proposes to undertake on or after 1 January 1989, or is undertaking or has undertaken on or after that date, a course of study at an institution and, when used in relation to a particular course of study at an institution, means a person who proposes to undertake on or after 1 January 1989, or is undertaking or has undertaken on or after that date, that course of study at that institution.

student load
, in relation to a course of study undertaken by a student, has a meaning affected by section 36 .

tax file number
, in relation to a person, means a number issued to the person by the Commissioner, being a number that is either:


(a) a number issued to the person under section 44 or under any provisions of another Act that correspond to that section; or


(b) a number notified by the Commissioner to the person as the person's income tax file number.

34(2)  
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.

34(3)  
For the purposes of this Chapter, the payment of an amount to an institution by a person other than a student in respect of a contribution payable by the student to the institution shall be taken to constitute payment of that amount to the institution by the student.

34(4)  
In this Chapter, institution means any of the following institutions of higher education:


(a) the institutions referred to in section 4 ;


(b) Australian Defence Force Academy;


(f) National Institute of Dramatic Art;


(h) The Australian Film, Television and Radio School.




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