Higher Education Support Act 2003

Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part 2-4 of the Higher Education Support Act 2003 in respect of the year 2008 or a later year. The heading formerly read:

Chapter 2 - Grants for higher education assistance

S 16-15(1) amended by No 108 of 2024, s 3 and Sch 5 items 1 - 3, by inserting " Adelaide University " and repealing table item dealing with The University of Adelaide and table item dealing with University of South Australia, effective 1 January 2026. No 108 of 2024, s 3 and Sch 5 Pt 2 and Sch 6 contain the following application and transitional provisions:

Part 2 - Application and transitional provisions

4 Definitions in this Part  
(1)
Expressions used in this Part have the same meanings as they have in the Higher Education Support Act 2003 .

(2)
In this Part:

corresponding course
, in relation to a course of study or an accelerator program course at a merging university, means:

(a) a course of study or an accelerator program course at Adelaide University that corresponds (within the ordinary meaning of that expression) to the course of study or accelerator program course; or

(b) if the transitional rules made under Schedule 6 of this Act specify a course of study or an accelerator program course to be a corresponding course at Adelaide University - the specified course of study or accelerator program course.

merger time
means the commencement of this Schedule.

merging university
means the following universities:

(a) The University of South Australia;

(b) University of Adelaide.

5 Vesting of liabilities  
5
At the merger time, debts owed to the Commonwealth by a merging university under the Higher Education Support Act 2003 immediately before the merger time:
(a) cease to be debts owed to the Commonwealth by the merging university under the Higher Education Support Act 2003 ; and
(b) become debts owed to the Commonwealth by Adelaide University under the Higher Education Support Act 2003 without any conveyance, transfer or assignment, and Adelaide University becomes the successor in law in relation to the debts. 6 Vesting of amounts payable  
6
At the merger time, amounts payable by the Commonwealth to a merging university under the Higher Education Support Act 2003 immediately before the merger time:
(a) cease to be amounts payable to the merging university under the Higher Education Support Act 2003 ; and
(b) become amounts payable to Adelaide University under the Higher Education Support Act 2003 without any conveyance, transfer or assignment and Adelaide University becomes the successor in law in relation to the amounts. 7 Enrolled students  
7
If a student is enrolled in a course of study or an accelerator program course (the current course ) with a merging university immediately before the merger time then, for the purposes of the Higher Education Support Act 2003 , on and after the merger time:
(a) the student is taken to be enrolled in the corresponding course with Adelaide University; and
(b) any HELP debt incurred by the student in relation to the current course is taken to be incurred in relation to the corresponding course with Adelaide University. 8 Grandfathered students  
8
A student who is a grandfathered student under the Higher Education Support Act 2003 in relation to a course of study (the current course of study ) with a merging university immediately before the merger time is taken, for the purposes of the Higher Education Support Act 2003 , on and after the merger time, to be a grandfathered student under the Higher Education Support Act 2003 in relation to the corresponding course of study with Adelaide University. 9 Conditions and obligations  
Conditions imposed, etc.

(1)
Any conditions imposed on, or obligations owed by, a merging university under the Higher Education Support Act 2003 immediately before the merger time including, but not limited to, under an instrument or agreement (however described) are taken to be conditions imposed on, or obligations owed by, Adelaide University under the Higher Education Support Act 2003 on and from the merger time.

Failure to comply with conditions imposed, etc.

(2)
Any failure by a merging university before the merger time to comply with one or more conditions imposed on, or to satisfy one or more obligations owed by, the merging university under the Higher Education Support Act 2003 , including, but not limited to, under an instrument or agreement (however described) is taken, on and from the merger time, to be a failure by Adelaide University to comply with the condition or conditions or to satisfy the obligation or obligations, as the case requires.
10 Reporting requirements  
10
If, on or after the merger time, a provision of the Higher Education Support Act 2003 requires a higher education provider to provide information in relation to matters or things that occurred before the merger time, the requirement is taken to be imposed on Adelaide University under the Higher Education Support Act 2003 , in respect of those matters or things, in relation to the merging universities. 11 Grants etc. before the merger time  
(1)
For the purposes of the application of paragraph 30-27(3)(b) of the Higher Education Support Act 2003 to Adelaide University on and after the merger time, the reference to the maximum basic grant amount payable to the provider for a grant year is taken to be a reference to the sum of the maximum basic grant amounts payable to the merging universities for the grant year preceding the merger time.

(2)
A grant made under the Higher Education Support Act 2003 to a merging university before the merger time is taken, on and from the merger time, to have been made to Adelaide University.

Schedule 6 - Transitional rules

1 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 Act.

(2)
Without limiting subitem (1), rules made under this item before the day on which Schedule 5 commences (whether or not the rules relate to Schedule 5) may provide that provisions of this Act, or any other Act or instrument, have effect with any modifications prescribed by the rules. Those provisions then have effect as if they were so modified.

(3)
Without limiting subitem (1), rules made under this item may make provision for and in relation to the recalculation of debts or amounts owing as mentioned in Part 5 of Schedule 1 to this Act including, but not limited to, specifying how a recalculation takes account of debts waived (whether in whole or part) before the recalculation.

(4)
Without limiting subitem (1), rules made under this item may specify a course of study or an accelerator program course (within the meaning of the Higher Education Support Act 2003 ) at a merging university (within the meaning of Part 2 of Schedule 5 to this Act) to be a corresponding course at Adelaide University for the purposes of that Part.

(5)
To avoid doubt, the rules 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.

(6)
Despite subsection 14(2) of the Legislation Act 2003 , rules made under this item may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a document as in force or existing from time to time.

(7)
This Act (other than subitem (5)) does not limit the rules that may be made under this item.

S 16-15(1) amended by No 39 of 2021, s 3 and Sch 2 item 1, by inserting table item " The University of Notre Dame Australia " , effective 28 May 2021.

S 16-15(1) amended by No 93 of 2020, s 3 and Sch 5 items 11 - 13, by inserting table item " Australian National University " , omitting table item " The Australian National University " after " Swinburne University of Technology " and inserting table item " Limited " , effective 1 January 2021.

S 16-15(1) amended by No 62 of 2020, s 3 and Sch 5 items 3 and 4, by omitting table item " University of Western Sydney " after " University of the Sunshine Coast " and inserting table item " Western Sydney University " , effective 16 June 2020.

S 16-15(1) amended by No 103 of 2019, s 3 and Sch 3 items 2 - 5, by substituting table item " Curtin University " for " Curtin University of Technology " , inserting table item " Flinders University " , omitting table item " The Flinders University of South Australia " after " The Australian National University " and substituting table item " Technology Sydney " for " Technology, Sydney " , effective 28 November 2019.

S 16-15(1) amended by No 160 of 2015, s 3 and Sch 3 items 1 and 2, by inserting table item " Federation University Australia " and repealing table item dealing with " University of Ballarat " after " The University of Western Australia " , effective 1 December 2015.

S 16-15(1) amended by No 72 of 2007, s 3 and Sch 7 item 1, by omitting " of Technology " in the table item dealing with " Victoria University of Technology " , effective 28 May 2007.