Provider to comply with procedures

19-45(5)    

The provider must comply with its grievance and review procedures.

Civil penalty: 60 penalty units.

Provider to provide information about procedures

19-45(6)    
The provider must publish, and make publicly available, up to date information setting out the procedures.

Provider to provide information about other complaint mechanisms

19-45(7)    
The provider must publish information about any other complaint mechanisms available to complain about the provider's decisions.

SECTION 19-50   Higher education providers to appoint review officers  

19-50(1)    

A higher education provider must appoint a *review officer to undertake reviews of decisions made by the provider:

(a)    

under subsection 36-12(2) or 36-20(1); or

(b)    relating to assistance under Chapter 3.

Note:

The Secretary may delegate to a review officer of a higher education provider the power to reconsider decisions of the provider under Division 209: see subsection 238-1(2).

19-50(2)    

A review officer of a higher education provider is a person, or a person included in a class of persons, whom:

(a)    the chief executive officer of the provider; or

(b)    a delegate of the chief executive officer of the provider;

has appointed to be a review officer of the provider for the purposes of reviewing decisions made by the provider:

(c)    

under subsection 36-12(2) or 36-20(1)); or

(d)    

relating to assistance under Chapter 3.

SECTION 19-55  

19-55   Review officers not to review own decisions  
A higher education provider must ensure that a *review officer of the provider:

(a) does not review a decision that the review officer was involved in making; and

(b) in reviewing a decision of the provider, occupies a position that is senior to that occupied by any person involved in making the original decision.

SECTION 19-60   Procedures relating to personal information  

19-60(1)    

A higher education provider must comply with the Australian Privacy Principles in respect of *personal information obtained for the purposes of subsection 36-12(2) or 36-20(1) or Chapter 3 or 4.

19-60(2)    
A higher education provider must have a procedure under which a student enrolled with the provider may apply to the provider for, and receive, a copy of *personal information that the provider holds in relation to that student.

19-60(3)    
The provider must comply with:

(a)    the requirements of the Higher Education Provider Guidelines relating to *personal information in relation to students; and

(b)    the procedure referred to in subsection (2).

Subdivision 19-E - The compliance requirements  

SECTION 19-65   Basic requirements  

19-65(1)    

A higher education provider must comply with:

(a) this Act and the regulations; and

(b) the Guidelines made under section 238-10 that apply to the provider; and

(c) a condition imposed on the provider's approval as a higher education provider.

19-65(2)    
A higher education provider must provide information to the Minister in relation to the affairs of the provider in accordance with the requirements of this Act.

19-65(3)    
A higher education provider's administrative arrangements must support the provision of assistance under this Act.

SECTION 19-66   Higher education provider charge  

19-66(1)    
A higher education provider must pay the following when it is due and payable by the provider:

(a) *higher education provider charge;

(b) any penalty for late payment of higher education provider charge.

Note:

Higher education provider charge is imposed by the Higher Education Support (Charges) Act 2019.

19-66(2)    
The Higher Education Provider Guidelines may make provision for, or in relation to, all or any of the following matters:

(a) the issue of notices setting out the amount of *higher education provider charge payable by a provider;

(b) when higher education provider charge is due and payable;

(c) the issue of notices extending the time for payment of higher education provider charge;

(d) penalties for late payment of higher education provider charge;

(e) to whom higher education provider charge and any penalties for late payment are payable;

(f) the refund, remission or waiver of higher education provider charge or penalties for late payment;

(g) the review of decisions made under the Higher Education Provider Guidelines in relation to the collection or recovery of higher education provider charge;

(h) any other matters relating to the collection or recovery of higher education provider charge.

SECTION 19-66A   Tuition protection requirements  

19-66A(1)    
A higher education provider to whom Part 5-1A applies must comply with the *tuition protection requirements.

Note:

See section 166-5 for the providers to whom Part 5-1A applies.

Civil penalty: 60 penalty units.

19-66A(2)    
A higher education provider to whom Part 5-1A applies must pay the following when it is due and payable by the provider:

(a)    *HELP tuition protection levy;

(b)    any penalty for late payment of HELP tuition protection levy.

Note:

HELP tuition protection levy is imposed by the Higher Education Support (HELP Tuition Protection Levy) Act 2020.

19-66A(3)    
The Higher Education Provider Guidelines may make provision for, or in relation to, all or any of the following matters:

(a)    the issue of notices setting out the amount of *HELP tuition protection levy payable by a provider;

(b)    when HELP tuition protection levy is due and payable;

(c)    the issue of notices extending the time for payment of HELP tuition protection levy;

(d)    penalties for late payment of HELP tuition protection levy;

(e)    to whom HELP tuition protection levy and any penalties for late payment are payable;

(f)    the refund, remission or waiver of HELP tuition protection levy or penalties for late payment;

(g)    the review of decisions made under the Higher Education Provider Guidelines in relation to the collection or recovery of HELP tuition protection levy;

(h)    any other matters relating to the collection or recovery of HELP tuition protection levy.

SECTION 19-67   Special requirements for student services, amenities, representation and advocacy in 2012 and later years  

19-67(1)    
A higher education provider that receives a grant under Part 2-2 in respect of the year 2012 or a later year must comply in respect of the year with the requirements of the Student Services, Amenities, Representation and Advocacy Guidelines as those guidelines were in force on the 30 June just before the year.

Note:

The Student Services, Amenities, Representation and Advocacy Guidelines are made by the Minister under section 238-10.

19-67(2)    
The Student Services, Amenities, Representation and Advocacy Guidelines may provide for:

(a) requirements for providing students with information about services that are not of an academic nature and that support students; and

(b) requirements for providing students with access to such services; and

(c) requirements relating to the representation and advocacy of the interests of students.

19-67(3)    
However, the Student Services, Amenities, Representation and Advocacy Guidelines cannot require a provider to fund an organisation of students, or of students and other persons.

19-67(4)    
Subsection 19-65(1) does not apply in relation to the Student Services, Amenities, Representation and Advocacy Guidelines.

SECTION 19-70   Provider to provide statement of general information  

19-70(1)    
A higher education provider must give to the Minister such statistical and other information that the Minister by notice in writing requires from the provider in respect of:

(a) the provision of higher education by the provider; and

(b) compliance by the provider with the requirements of this Act.

19-70(2)    
The information must be provided:

(a) in a form (if any) approved by the Minister for the information; and

(b) in accordance with such other requirements as the Minister makes.

19-70(3)    
A notice under this section must not require the giving of information that a higher education provider is required to give to the Minister under section 19-95.

19-70(4)    

A higher education provider contravenes this subsection if the provider:

(a) is subject to a requirement under this section; and

(b) does not comply with the requirement.

Civil penalty: 60 penalty units.

SECTION 19-71   Co-operation with HESA and TEQSA investigators  

19-71(1)    
A higher education provider must co-operate with *HESA investigators and *TEQSA investigators who are performing functions or exercising powers under this Act.

19-71(2)    
A higher education provider must not obstruct or hinder a *HESA investigator or a *TEQSA investigator who is performing functions or exercising powers under this Act.

Civil penalty: 60 penalty units.

SECTION 19-72   Providers must keep records  

19-72(1)    
A higher education provider must keep records of a kind, in the manner and for the period specified in the Higher Education Provider Guidelines.

19-72(2)    
A higher education provider contravenes this subsection if the provider:

(a) is subject to a requirement under this section; and

(b) does not comply with the requirement.

Civil penalty: 60 penalty units.

SECTION 19-73   Providers must publish information  

19-73(1)    
A higher education provider must publish information of the kind, in the manner and within the period specified in the Higher Education Provider Guidelines.

19-73(2)    
A higher education provider contravenes this subsection if the provider:

(a) is subject to a requirement under this section; and

(b) does not comply with the requirement.

Civil penalty: 60 penalty units.

SECTION 19-75  

19-75   Notice of events that affect provider's ability to comply with conditions of Commonwealth assistance  

A higher education provider must by writing inform the Minister of any event affecting:

(a) the provider; or

(b) a *related body corporate of the provider;

that may significantly affect the provider's capacity to meet the conditions of grants under this Chapter or the *quality and accountability requirements.

Civil penalty: 60 penalty units.

SECTION 19-77  

19-77   Notice of events affecting accreditation  

A higher education provider must by writing inform the Minister of any event affecting:

(a) the provider; or

(b) a *related body corporate of the provider; that relates to:

(c) the provider's authority conferred by or under the *TEQSA Act to self-accredit one or more *courses of study; or

(d) TEQSA's accreditation of a course of study that is an *accredited course in relation to the provider.

Civil penalty: 60 penalty units.

SECTION 19-78   Notice of events significantly affecting TEQSA registration  

19-78(1)    

A higher education provider must by writing inform the Minister of any event significantly affecting:

(a) the provider; or

(b) a *related body corporate of the provider;

that relates to the provider's registration as a *registered higher education provider.

Civil penalty: 60 penalty units.

19-78(2)    
If a higher education provider informs the Minister of an event under section 19-77, the provider need not inform the Minister of the event under this section.

SECTION 19-80   Compliance assurance  

19-80(1)    

The Minister may require a higher education provider to be audited as to compliance with any one or more of the following requirements:

(a)    the *financial viability requirements;

(b)    the *fairness requirements;

(c)    the *compliance requirements;

(d)    the *contribution and fee requirements.

19-80(2)    
The audit must be conducted:

(a)    by a body determined in writing by the Minister; and

(b)    at such time or times, and in such manner, as the Minister requires.

19-80(2A)    

To avoid doubt, if the Minister makes a determination under subsection (2) in relation to *TEQSA, the determination is not a direction for the purposes of subsection 136(2) of the *TEQSA Act.

19-80(3)    
The provider must:

(a)    fully co-operate with the auditing body in the course of its audit; and

(b)    pay to the auditing body any charges payable for such an audit.

19-80(3A)    

A higher education provider contravenes this subsection if the provider:

(a)    is being audited under this section; and

(b)    does not co-operate with the auditing body in the course of its audit.

Civil penalty: 60 penalty units.

19-80(4)    
A determination made under paragraph (2)(a) is not a legislative instrument.

SECTION 19-82   Compliance notices  

Grounds for giving a compliance notice

19-82(1)    
The Minister may give a higher education provider a written notice (a compliance notice ) in accordance with this section if the Minister is satisfied that the provider has not complied with, or is aware of information that suggests that the provider may not comply with, one or more of the following:

(a) this Act or the regulations;

(b) the Guidelines made under section 238-10 that apply to the provider;

(c) a condition imposed on the provider's approval as a higher education provider.

Content of compliance notice

19-82(2)    
The compliance notice must:

(a) set out the name of the provider to which the notice is given; and

(b) set out brief details of the non-compliance or possible non compliance; and

(c) specify action that the provider must take, or refrain from taking, in order to address the non-compliance or possible non-compliance; and

(d) specify a reasonable period within which the provider must take, or refrain from taking, the specified action; and

(e) if the Minister considers it appropriate - specify a reasonable period within which the provider must provide the Minister with evidence that the provider has taken, or refrained from taking, the specified action; and

(f) in any case - state that a failure to comply with the notice is a breach of a *quality and accountability requirement which may lead to the provider's approval as a higher education provider being suspended or revoked; and

(g) in any case-set out any other matters specified in the Higher Education Provider Guidelines for the purposes of this paragraph.

Matters that Minister must consider in giving compliance notice

19-82(3)    
In deciding whether to give the compliance notice, the Minister must consider all of the following matters:

(a) whether the non-compliance or possible non compliance is of a minor or major nature;

(b) the period for which the provider has been approved as a higher education provider;

(c) the provider's history of compliance with:

(i) this Act and the regulations; and

(ii) the Guidelines made under section 238-10 that apply to the provider; and

(iii) any conditions imposed on the provider's approval as a higher education provider;

(d) the impact of the higher education provider's non-compliance or possiblenon-compliance, and of the proposed compliance notice, on:

(i) the provider's students; and

(ii) the provision of higher education generally;

(e) the public interest;

(f) any other matter specified in the Higher Education Provider Guidelines for the purposes of this paragraph.

Higher Education provider to comply with compliance notice

19-82(4)    

A higher education provider must comply with a compliance notice given to the provider under this section.

Civil penalty: 60 penalty units.

Variation and revocation of compliance notice

19-82(5)    
The Minister may, by written notice given to the higher education provider, vary or revoke a compliance notice if, at the time of the variation or revocation, the Minister considers that taking such action is in the public interest.

Note:

A variation could, for example, specify different action to be taken by the provider or a different period for complying with the notice.

19-82(6)    
In deciding whether to vary or revoke the compliance notice, the Minister must consider any submissions that are received from the higher education provider before the end of the period mentioned in paragraph (2)(d).

Compliance notice not required before suspending or revoking approval

19-82(7)    
To avoid doubt, the Minister need not give a compliance notice under this section before suspending or revoking the provider's approval as a higher education provider in accordance with Division 22.

Subdivision 19-F - What are the contribution and fee requirements?  

SECTION 19-85  

19-85   Basic requirement  

A higher education provider must charge, in accordance with the requirements of this Act:

(a)    *student contribution amounts and *tuition fees for each unit of study in which it enrols students; and

(b)    an *accelerator program course fee for each *accelerator program course in which it enrols students.

SECTION 19-87   Determining student contribution amounts for all places in units  

19-87(1)    
This section applies to a unit of study:

(a) that a higher education provider provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines; and

(b) in relation to which the provider may advise a person that he or she is a *Commonwealth supported student.

19-87(2)    

The provider must determine, for places in the unit, one or more *student contribution amounts that are to apply to students who may enrol in the unit during the period.

19-87(2A)    

In determining more than one *student contribution amount under subsection (2), the provider may have regard to any matters the provider considers appropriate, other than matters specified in the Higher Education Provider Guidelines as matters to which a provider must not have regard.

19-87(3)    

The provider must not vary a *student contribution amount unless the provider:

(a) does so:

(i) before the date ascertained in accordance with the Higher Education Provider Guidelines; and

(ii) in circumstances specified in the Higher Education Provider Guidelines; or

(b) does so with the written approval of the Minister.

SECTION 19-88  

19-88   Determining student contribution amounts for places in units for student cohorts  
(Repealed by No 121 of 2006)

SECTION 19-90   Determining tuition fees for all students  

19-90(1)    

This section applies to a unit of study that a higher education provider provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines.

19-90(2)    

The provider must determine, for the unit, one or more *fees that are to apply to students who may enrol in the unit during the period.

19-90(3)    

In determining more than one *fee under subsection (2), the provider may have regard to any matters the provider considers appropriate, other than matters specified in the Higher Education Provider Guidelines as matters to which a provider must not have regard.

19-90(4)    

The provider must not vary a *fee unless the provider:

(a) does so:

(i) before the date ascertained in accordance with the Higher Education Provider Guidelines; and

(ii) in circumstances specified in the Higher Education Provider Guidelines; or

(b) does so with the written approval of the Minister.

SECTION 19-91  

19-91   Determining tuition fees for students in student cohorts  
(Repealed by No 121 of 2006)

SECTION 19-92   Determining accelerator program course fees for all students  

19-92(1)    
This section applies to an *accelerator program course that a higher education provider provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines.

19-92(2)    
The provider must determine one *accelerator program course fee that is to apply to students who may enrol in the course during the period.

19-92(3)    
A person's accelerator program course fee for an *accelerator program course is the fee determined for the course under subsection (2).

SECTION 19-95   Schedules of student contribution amounts for places and tuition fees  

19-95(1)    

A higher education provider must give the Minister a schedule of the *student contribution amounts for places, and *tuition fees, determined under sections 19-87 and 19-90 for all the units of study it provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines. It must give the schedule:

(a) in a form approved by the Minister; and

(b) in accordance with the requirements that the Minister determines in writing.

19-95(2)    

The provider must:

(a) ensure that the schedule provides sufficient information to enable a person to work out, for each unit of study the provider provides or is to provide:

(i) the person's *student contribution amount; or

(ii) if the provider determined more than one student contribution amount for places in a unit under section 19-87 - which of those student contribution amounts applies to the person; and

(aa) ensure that the schedule provides sufficient information to enable a person to work out, for each unit of study the provider provides or is to provide:

(i) the person's *tuition fee; and

(ii) if the provider determined more than one tuition fee for a unit under section 19-90 - which of those tuition fees applies to the person; and

(b) publish the schedule for a particular period by the date ascertained in accordance with the Higher Education Provider Guidelines; and

(c) ensure that the schedule is available to all students enrolled, and persons seeking to enrol, with the provider on request and without charge.

Civil penalty: 60 penalty units.

Replacement schedules

19-95(3)    

If:

(a) the provider has given the Minister a schedule (the previous schedule ) under:

(i) subsection (1); or

(ii) this subsection; and

(b) the provider:

(i) varies a *student contribution amount in the previous schedule; or

(ii) varies a *tuition fee in the previous schedule;

the provider must:

(c) by written notice given to the Minister:

(i) withdraw the previous schedule; and

(ii) inform the Minister of the variation; and

(d) give the Minister a replacement schedule incorporating the variation.

Note 1:

The provider must comply with subsection 19-87(3) when varying a student contribution amount.

Note 2:

The provider must comply with subsection 19-90(4) when varying a tuition fee.

Civil penalty: 60 penalty units.

19-95(4)    

Subsections (1) and (2) apply to the replacement schedule in a corresponding way to the way in which they apply to the previous schedule.

SECTION 19-97   Schedules of accelerator program course fees  

19-97(1)    
This section applies if a higher education provider is required by section 19-92 to determine an *accelerator program course fee for an *accelerator program course the provider provides or proposes to provide during a period ascertained in accordance with the Higher Education Provider Guidelines.

19-97(2)    
The provider must give the Minister a schedule of the *accelerator program course fees determined under section 19-92 for all the *accelerator program courses it provides or proposes to provide during the period. It must give the schedule:

(a)    in a form approved in writing by the Minister (if any); and

(b)    in accordance with the requirements that the Minister determines in writing (if any).

19-97(3)    
The provider must:

(a)    ensure that the schedule provides sufficient information to enable a person to work out, for each *accelerator program course the provider provides or is to provide during the period, the person's *accelerator program course fee; and

(b)    publish the schedule for a particular period by the date ascertained in accordance with the Higher Education Provider Guidelines; and

(c)    ensure that the schedule is available to all students enrolled, and persons seeking to enrol, with the provider on request and without charge.

Civil penalty: 60 penalty units.

SECTION 19-100  

19-100   Limits on fees for courses of study  

A higher education provider must not charge a person a *fee for a *course of study that exceeds the sum of the person's *tuition fees for all of the units of study undertaken with the provider by the person as part of the course.

SECTION 19-101  

19-101   Meaning of student cohort  
(Repealed by No 121 of 2006)

SECTION 19-102   Meaning of fee  

19-102(1)    
A fee includes any tuition, examination or other fee payable to a higher education provider by a person enrolled with, or applying for enrolment with, the provider.

19-102(2)    
A fee may also include any fee payable to the provider in respect of the granting of a *higher education award.

19-102(3)    
A fee does not include a fee that is:

(a) payable in respect of an organisation of students, or of students and other persons; or

(b) payable in respect of the provision to students of amenities or services that are not of an academic nature; or

(c) payable in respect of residential accommodation; or

(d) imposed in accordance with the Higher Education Provider Guidelines for the imposition of fees in respect of *overseas students; or

(e) payable in respect of studies (other than an *enabling course) that are not permitted to be undertaken for the purpose of obtaining a *higher education award; or

(f) determined, in accordance with the Higher Education Provider Guidelines, to be a fee of a kind that is incidental to studies that may be undertaken with a higher education provider; or

(g) a *student contribution amount payable in respect of a student.

19-102(4)    

The definition of fee in this section does not apply for the purposes of section 104-50.

SECTION 19-105  

19-105   Meaning of tuition fee  

A person's tuition fee for a unit of study is:

(a) if only one fee has been determined for the unit under subsection 19-90(2) - that fee; or

(b) if more than one fee has been determined for the unit under that subsection - the fee determined under that subsection that applies to the person.

Subdivision 19-G - The compact and academic freedom requirements  

SECTION 19-110   Table A providers and Table B providers must enter into mission based compacts  

19-110(1)    
A higher education provider that is a *Table A provider or a *Table B provider must, in respect of each year for which a grant is paid to the provider under this Act, enter into a mission based compact with the Commonwealth for a period that includes that year.

19-110(2)    
The Minister may, on behalf of the Commonwealth, enter into a mission based compact with a *Table A provider or a *Table B provider.

19-110(3)    
The mission based compact must include:

(a)    a statement of the provider's mission; and

(b)    a statement of the provider's strategies for teaching and learning; and

(c)    a statement of the provider's strategies for:

(i) undertaking research; and

(ii) research training; and

(iii) innovation; and

(d)    

a statement of the provider's strategies for engaging with industry; and

(e)    

a statement of the provider's strategies for improving equality of opportunity in higher education.

Note:

A mission based compact may include other matters.

19-110(4)    
The *Secretary must cause a copy of each mission based compact to be published on the Department's website within 28 days after the making of the compact.

SECTION 19-115  

19-115   Provider to have policy upholding freedom of speech and academic freedom  

A higher education provider that is a *Table A provider or a *Table B provider must have a policy that upholds freedom of speech and academic freedom.

Division 22 - When does a body cease to be a higher education provider?  

Subdivision 22-A - General  

SECTION 22-1   Cessation of approval as a provider  

22-1(1)    
A body ceases to be approved as a higher education provider:

(a) if a decision to revoke the approval is in effect under Subdivision 22-AA, 22-B or 22-D; or

(b) while the approval is suspended under section 22-30; or

(c) if the notice of the provider's approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.

22-1(2)    

If a body ceases to be approved as a higher education provider, the Minister must ensure that *TEQSA is notified, in writing, of the cessation.

Subdivision 22-AA - Revocation of approval if registration ceases or winding up order made  

SECTION 22-2   Automatic revocation of approval if registration ceases  

22-2(1)    
The Minister must revoke a body's approval as a higher education provider if:

(a) the body is no longer a *registered higher education provider; and

(b) in a case where *TEQSA has made either of the following decisions under the *TEQSA Act, the decision has not been set aside or quashed, and is no longer *subject to review:

(i) a decision under section 36 of that Act to refuse an application to renew the body's registration under Part 3 of that Act;

(ii) a decision under section 101 of that Act to cancel the body's registration under Part 3 of that Act.

22-2(2)    

The Minister must notify the body in writing of the revocation. The notice must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.

22-2(3)    

A notice of revocation under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the notice.

22-2(4)    

A decision of the Minister to revoke a body's approval as a higher education provider takes effect on the day that the notice of revocation under subsection (2) is registered in the *Federal Register of Legislation.

SECTION 22-3   Automatic revocation of approval if winding up order made  

22-3(1)    
The Minister must revoke a body's approval as a higher education provider if:

(a) an order is made by a court, or by the Australian Securities and Investments Commission under Part 5.4C of the Corporations Act 2001, for the winding up of the body; and

(b) the order has not been set aside or quashed, and is no longer *subject to review.

22-3(2)    

The Minister must notify the body in writing of the revocation. The notice must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.

22-3(3)    

A notice of revocation under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the notice.

22-3(4)    

A decision of the Minister to revoke a body's approval as a higher education provider takes effect on the day that the notice of revocation under subsection (2) is registered in the *Federal Register of Legislation.

Subdivision 22-B - Revocation for cause  

SECTION 22-5  

22-5   Revocation of approval if application for approval as a provider is false or misleading  
The Minister may revoke a body's approval as a higher education provider if the Minister:

(a) is satisfied that the body's application under section 16-40 for approval as a higher education provider contained material that was false or misleading; and

(b) complies with the requirements of section 22-20.

SECTION 22-7   Revocation of approval if providing education and/or conducting research ceases to be the body's principal purpose  

22-7(1)    
The Minister may revoke a body's approval as a higher education provider if:

(a) the body's principal purpose is no longer, or is no longer taken to be, either or both of the following:

(i) to provide education;

(ii) to conduct research; and

(b) (Repealed by No 72 of 2011)

(c) the Minister complies with the requirements of section 22-20.

22-7(2)    

The Minister may also revoke a body's approval as a higher education provider if:

(a) the Minister is satisfied that any of the body's purposes conflict with the body's principal purpose of providing education and/or conducting research; and

(b) the Minister complies with the requirements of section 22-20.

SECTION 22-10   Revocation of approval if status or accreditation changes  
Bodies that cease to be Australian universities

22-10(1)    
The Minister may revoke a body's approval as a higher education provider if:

(a) the body was an *Australian university at the last time the body became a higher education provider; and

(b) since that time, the body has ceased to be an Australian university; and

(c) the Minister complies with the requirements of section 22-20.

Bodies that cease to be self-accrediting entities

22-10(2)    
The Minister may revoke a body's approval as a higher education provider if:

(a) the body was a *self-accrediting entity at the last time the body became a higher education provider; and

(b) since that time, the body has ceased to be a self-accrediting entity; and

(c) the Minister complies with the requirements of section 22-20.

Self-accrediting entities that cease to have authority to accredit courses

22-10(2A)    

The Minister may revoke a body's approval as a higher education provider if:

(a) the body was a *self-accrediting entity at the last time the body became a higher education provider; and

(b) the body is no longer authorised by or under the *TEQSA Act to self-accredit a *course of study that the body was authorised to self-accredit at that time; and

(c) the Minister complies with the requirements of section 22-20.

Bodies that were non self-accrediting providers

22-10(3)    
The Minister may revoke a body's approval as a higher education provider if:

(a) the body was a *non self-accrediting entity at the last time the body became a higher education provider; and

(b) since that time, the body has ceased to be a non self-accrediting entity; and

(c) the Minister complies with the requirements of section 22-20.

Bodies offering courses that cease to be accredited courses

22-10(4)    

The Minister may revoke a body's approval as a higher education provider if:

(a) the body was a *self-accrediting entity or a *non self-accrediting entity at the last time the body became a higher education provider; and

(b) a *course of study offered by the body that was an *accredited course ceases to be an accredited course; and

(c) the Minister complies with the requirements of section 22-20

Bodies that no longer meet certain approval criteria

22-10(5)    

The Minister may revoke a body's approval as a higher education provider if:

(a) the body no longer meets a requirement set out in:

(i) paragraph 16-25(1)(a); or

(ii) paragraph 16-25(1)(da); and

(b) the Minister complies with the requirements of section 22-20.

22-10(6)    
(Repealed by No 23 of 2013)

SECTION 22-15   Revocation of approval as a provider for a breach of conditions or the quality and accountability requirements  

22-15(1)    
The Minister may revoke a body's approval as a higher education provider if the Minister:

(a) is satisfied that the body has:

(i) breached a condition of a grant made to the body under Part 2-2, 2-2A, 2-3 or 2-4; or

(ii) breached a *quality and accountability requirement; or

(iii) breached a condition imposed on the body's approval; and

(b) is satisfied that it is appropriate to take that action (see subsection (2)); and

(c) complies with the requirements of section 22-20.

Note:

Section 16-60 allows conditions to be imposed on the body's approval.

22-15(2)    
Without limiting the matters that the Minister may consider in deciding whether it is appropriate under this section to revoke a body's approval as a higher education provider, the Minister may consider any or all of the following matters:

(a) whether the breach in question is of a minor or major nature;

(b) whether the breach has occurred before and, if so, how often;

(c) the impact that the breach may have on the body's students;

(d) the impact of the breach on the higher education provided by the body;

(e) the impact of the breach on Australia's reputation as a provider of high quality higher education;

(f) any other matter set out in the Higher Education Provider Guidelines.

SECTION 22-17   Revocation of approval as a provider if provider etc. not a fit and proper person  

22-17(1)    
The Minister may revoke a body's approval as a higher education provider if the Minister:

(a) is satisfied that:

(i) the body; or

(ii) at least one person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body's affairs;

is not a fit and proper person; and

(b) complies with the requirements of section 22-20.

22-17(2)    
The Minister must, in deciding whether he or she is satisfied that a person is not a fit and proper person, take into account the matters specified in an instrument under subsection 16-25(4). The Minister may take into account any other matters he or she considers relevant.

Subdivision 22-C - Process for decisions on revocation under Subdivision 22-B  

SECTION 22-20  Process for revoking approval  

22-20(1)    
Before revoking a body's approval as a higher education provider under Subdivision 22-B, the Minister must give the body notice in writing:

(a) stating that the Minister is considering revoking the body's approval; and

(b) stating the reasons why the Minister is considering revoking the body's approval; and

(c) inviting the body to make written submissions to the Minister within 28 days concerning why the approval should not be revoked.

22-20(2)    
In deciding whether or not to revoke a body's approval under Subdivision 22-B, the Minister must consider any submissions received from the body within the 28 day period.

22-20(3)    
The Minister must notify the body in writing of his or her decision whether to revoke the body's approval under Subdivision 22-B. The notice:

(a) must be in writing; and

(b) must be given within the period of 28 days following the period in which submissions may have been given to the Minister under subsection (1); and

(c) if the Minister decides to revoke the body's approval - must specify that the revocation takes effect on the day that the notice is registered in the *Federal Register of Legislation.

22-20(3A)    
A notice of revocation under subsection (3) is a legislative instrument.

22-20(4)    
If no notice is given within the period provided for in subsection (3), the Minister is taken to have decided not to revoke the approval.

22-20(5)    

A decision of the Minister to revoke a body's approval as a higher education provider takes effect on the day that the notice of revocation under subsection (3) is registered in the *Federal Register of Legislation.

22-20(6)    

If the notice of revocation under subsection (3) ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003, then the decision to revoke the approval ceases to have effect at the same time.

SECTION 22-22  

22-22   Minister may seek information from TEQSA  
(Repealed by No 23 of 2013)

SECTION 22-23  

22-23   Minister may seek information from relevant VET regulator  
(Repealed by No 23 of 2013)

SECTION 22-25   Determination retaining approval as a provider in respect of existing students  

22-25(1)    

The Minister may determine, in writing, that a revocation of a body's approval as a higher education provider under Subdivision 22-B is of no effect for the purposes of:

(a) grants to the body under this Chapter; and

(b) assistance payable to the body's students under Chapter 3;

to the extent that the grants or assistance relate to students of the body who have not completed the *courses of study in which they were enrolled with the body on the day referred to in subsection 22-20(5).

22-25(2)    
The determination may be included in the notice of revocation under subsection 22-20(3).

22-25(3)    
The body is taken, for the purposes of this Act, to continue to be a higher education provider, but only to the extent referred to in subsection (1).

22-25(4)    
Subsection (3) does not prevent the Minister subsequently revoking the body's approval as a higher education provider under this Division.

SECTION 22-30   Suspension of approval as a provider  

22-30(1)    

The Minister may, by legislative instrument, determine that, with effect from a specified day, a body's approval as a higher education provider is suspended pending the making of a decision under Subdivision 22-B as to whether to revoke the body's approval as a provider.

22-30(2)    
A copy of the determination must be given to the body concerned.

22-30(2A)    

Before the Minister makes a determination under subsection (1) in respect of a body, the Minister must give the body notice in writing:

(a) stating that the Minister is considering suspending the body's approval; and

(b) stating the reasons why the Minister is considering suspending the body's approval; and

(c) inviting the body to respond to the Minister, in writing, within 14 days of the date of the notice.

22-30(2B)    

In deciding whether or not to make a determination under subsection (1), the Minister must consider any response received from the body within the 14 day period.

22-30(3)    

If the Minister makes a determination under subsection (1) in respect of a body, the Minister must give to the body a notice under section 22-20 within a reasonable period of time after giving a copy of the determination to the body.

22-30(4)    
A determination under this section:

(a) takes effect accordingly on the day specified in the determination; and

(b) ceases to have effect if the Minister decides not to revoke the body's approval as a higher education provider.

SECTION 22-32   Determination retaining approval as a provider in respect of existing students following suspension of approval  

22-32(1)    
The Minister may determine, in writing, that a suspension of a body's approval as a higher education provider under section 22-30 is of no effect for the purposes of:

(a) grants to the body under this Chapter; and

(b) assistance payable to the body's students under Chapter 3;to the extent that the grants or assistance relate to students of the body who have not completed the *courses of study in which they were enrolled with the body on the day specified for the purposes of paragraph 22-30(4)(a).

22-32(2)    
A copy of the determination must be given to the body concerned.

22-32(3)    
The body is taken, for the purposes of this Act, to continue to be a higher education provider, but only to the extent referred to in subsection (1).

22-32(4)    
Subsection (3) does not prevent the Minister subsequently revoking the body's approval as a higher education provider under this Division.

22-32(5)    
A determination made under subsection (1) is not a legislative instrument.

SECTION 22-35  

22-35   Revocations are legislative instruments  
(Repealed by No 160 of 2012)

Subdivision 22-D - Revocation of approval on application  

SECTION 22-40   Revocation of approval as a provider on application  

22-40(1)    
The Minister may revoke the approval of a body as a higher education provider if the body requests the Minister in writing to revoke the approval.

22-40(2)    
The request must be given to the Minister at least 30 days before the day on which the revocation is requested to have effect.

22-40(3)    
The Minister must cause the body to be notified of the revocation. The notice must:

(a) be in writing; and

(b) be given to the body at least 14 days before the day on which the revocation is to take effect.

22-40(3A)    

A notice of revocation under subsection (3) is a legislative instrument.

22-40(4)    
The revocation has effect on the day requested unless another day is specified in the notice under subsection (3).

Subdivision 22-E - Notice of approval or revocation ceasing to have effect under the Legislation Act 2003  

SECTION 22-45   Notice of approval ceasing to have effect under the Legislation Act 2003  

22-45(1)    
This section applies if:

(a) a decision of the Minister to approve a body corporate as a higher education provider has taken effect; and

(b) the body ceases to be approved as a higher education provider because the notice of the approval ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.

22-45(2)    
The fact that the body ceases to be approved as a higher education provider does not:

(a) affect:

(i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or

(ii) anything duly done or suffered in relation to the body before the cessation; or

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or

(c) affect any penalty, forfeiture or punishment incurred in respect of the body having been a higher education provider; or

(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the body had not ceased to be approved as a higher education provider.

SECTION 22-50   Notice of revocation ceasing to have effect under the Legislation Act 2003  

22-50(1)    
This section applies if:

(a) a decision of the Minister to revoke a body's approval as a higher education provider has taken effect; and

(b) the decision to revoke the approval ceases to have effect because the notice of revocation ceases to have effect under Part 2 of Chapter 3 (parliamentary scrutiny of legislative instruments) of the Legislation Act 2003.

22-50(2)    
The fact that the decision to revoke the approval ceases to have effect does not:

(a) affect:

(i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or

(ii) anything duly done or suffered in relation to the body before the cessation; or

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or

(c) affect any penalty, forfeiture or punishment incurred in respect of the body before the cessation; or

(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the decision to revoke the approval had not ceased to have effect.

PART 2-2 - COMMONWEALTH GRANT SCHEME  

Division 27 - Introduction  

SECTION 27-1  

27-1   What this Part is about  

Grants are payable under this Part to higher education providers that meet certain requirements. These grants are paid in relation to Commonwealth supported places. Grants are subject to several conditions relating to the provision of Commonwealth supported places and other matters. Amounts of grants may be reduced, or some or all of a grant may be repayable if a condition is breached (see Part 2-5).

Note:

This Part does not apply to Table C providers: see section 5-1.

SECTION 27-5  

27-5   Commonwealth Grant Scheme Guidelines  

The grants payable under this Part are also dealt with in the Commonwealth Grant Scheme Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note:

The Commonwealth Grant Scheme Guidelines are made by the Minister under section 238-10.

Division 30 - Which higher education providers are eligible for a grant?  

Subdivision 30-A - Basic rules  

SECTION 30-1   Eligibility for grants  

30-1(1)    
A grant under this Part is payable, as a benefit to students, to a higher education provider, in respect of the year 2005 or a later year, if:

(a) the provider:

(i) is a *Table A provider; and

(ii) has entered into a funding agreement with the Commonwealth under section 30-25 in respect of a period that includes that year; or

(b) all of the following apply:

(i) the provider is a higher education provider specified in the Commonwealth Grant Scheme Guidelines as a higher education provider that can be paid grants under this Part;

(ii) the Minister has made an allocation under section 30-10 to the provider for that year;

(iii) the provider has entered into a funding agreement with the Commonwealth under section 30-25 in respect of a period that includes that year.

(c) (Repealed by No 104 of 2011)

30-1(2)    
However, a grant is payable to a higher education provider that is not a *Table A provider only if the grant relates only to *national priorities.

SECTION 30-5  

30-5   Maximum grants  
(Repealed by No 104 of 2011)

Subdivision 30-B - Allocation of places  

SECTION 30-10   Allocation of places  

30-10(1)    

The Minister may allocate a specified number of Commonwealth supported places for a year to:

(a)    a *Table A provider in relation to *designated higher education courses; and

(b)    a higher education provider referred to in subparagraph 30-1(1)(b)(i).

Note:

The Minister does not allocate places to Table A providers in relation to higher education courses or demand driven higher education courses.

30-10(2)    
The allocation must specify the distribution of those places between the *funding clusters.

30-10(2A)    
If the provider has indicated to the Minister its preferred distribution of those places, the Minister must have regard to that preferred distribution in deciding the distribution of those places.

30-10(3)    
(Repealed by No 104 of 2011)

30-10(4)    
If the provider is not a *Table A provider, the allocation must specify:

(a)    that it is only in respect of *national priorities; and

(b)    the number of places for each national priority for which the provider is allocated places; and

(c)    

the number of places (if any) for each *funding cluster that are in respect of *non-grandfathered students; and

(d)    

the number of places (if any) for each funding cluster (other than the *first funding cluster and the *second funding cluster) that are in respect of *grandfathered students; and

(e)    

the number of places (if any) for each *grandfathered funding cluster part that are in respect of grandfathered students.

30-10(5)    

If the allocation made under subsection (1) is made in writing, the allocation is not a legislative instrument.

SECTION 30-12   Designated higher education courses  

30-12(1)    
Each of the following is a designated higher education course in relation to a *Table A provider:

(a)    a *course of study in medicine;

(b)    a *course of study of a kind determined under subsection (2).

30-12(2)    
The Minister may, by legislative instrument, determine a kind of *course of study for the purposes of paragraph (1)(b).

SECTION 30-15  

30-15   Funding clusters  

The funding clusters are:

Funding clusters
Item	Funding clusters
1	Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture
2	Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology, Professional Pathway Social Work
3	Nursing, Indigenous and Foreign Languages, Engineering, Surveying, Environmental Studies, Science
4	Agriculture, Medicine, Dentistry, Veterinary Science, Pathology

SECTION 30-20  

30-20   National priorities  
A national priority is a particular outcome:

(a) that relates to the provision of higher education; and

(b) that is an outcome specified in the Commonwealth Grant Scheme Guidelines as a national priority.

Note:

The following are examples of national priorities:

(a) increasing the number of persons undertaking particular courses of study;

(b) increasing the number of particular kinds of persons undertaking courses of study;

(c) increasing the number of persons in particular regions undertaking courses of study.

Subdivision 30-C - Funding agreements  

SECTION 30-25   Funding agreements  

30-25(1)    

The Minister may, on behalf of the Commonwealth, enter into a funding agreement with a higher education provider relating to grants under this Part in respect of each year in a period of 3 years (the grant years ).

30-25(1A)    
In negotiating the agreement the Minister must have regard to all of the types of matters that the provider has indicated to the Minister it wishes to be specified in the agreement.

30-25(2)    

The agreement may specify conditions to which the grants are subject, that are additional to the conditions that apply under Division 36.

Note:

It is a condition of the grants that the provider comply with the agreement: see section 36-65.

30-25(2A)    

However, the agreement must not specify as a condition to which the grants are subject a matter in respect of which the Minister could have made a determination under subsection 36-15(2) (or could have made such a determination but for subsection 36-15(3)).

Note:

The Minister has the power under subsection 36-15(2) to determine that students are not to be enrolled as Commonwealth supported students in particular courses. The determination is disallowable (see subsection 36-15(3)).

30-25(2B)    

Where the agreement specifies conditions to which the grants are subject, that are additional to the conditions that apply under Division 36, those conditions must not relate to industrial relations matters.

30-25(3)    
Without limiting subsection (2), the agreement may specify:

(aa)    

the *number of Commonwealth supported places allocated to the provider for a *funding cluster, or a *grandfathered funding cluster part, for the grant year; and

(a)    

in relation to one or more of the following:

(i) places in *undergraduate courses of study;

(ii) places in non-research *postgraduate courses of study;

(iii) places in courses of study in medical programs;

(iv) places in courses of study in *enabling courses;

the minimum *number of Commonwealth supported places that the provider must provide in the grant year or grant years, or the maximum number of Commonwealth supported places that the provider may provide in the grant year or grant years, or both; and

(b) (Repealed by No 93 of 2020)

(c)    

the maximum number of Commonwealth supported places provided by the provider which can have a medical student loading in the grant years; and

(ca) (Repealed by No 93 of 2020)

(cb) (Repealed by No 93 of 2020)

(d) (Repealed by No 93 of 2020)

(da) (Repealed by No 93 of 2020)

(e)    

the maximum amount of transition fund loading that will be payable to the provider, under the Commonwealth Grant Scheme Guidelines, in the grant years; and

(g)    adjustments that will apply to the amount of a grant payable to the provider under this Part if the provider breaches a condition of the grant.

30-25(4)    
(Repealed by No 104 of 2011)

SECTION 30-27   Specification of maximum basic grant amounts in funding agreements  

Maximum basic grant amounts for Table A providers

30-27(1)    
Subject to subsections (2), (3) and (5), a funding agreement for a higher education provider that is a *Table A provider:

(a)    must specify an amount as the maximum basic grant amount payable to the provider for a *grant year for *higher education courses; and

(b)    may specify an amount as the maximum basic grant amount payable to the provider for a *grant year for each of the following:

(i) *designated higher education courses;

(ii) *demand driven higher education courses.

Table A providers - maximum basic grant amount for higher education courses

30-27(2)    
If a funding agreement for a *Table A provider is in respect of 2021, 2022 and 2023, the maximum basic grant amount for the provider for each of those years for *higher education courses must not be less than the amount specified in the Commonwealth Grant Scheme Guidelines for the purposes of this subsection for the provider for each of those years for those courses.

30-27(3)    
If a funding agreement for a *Table A provider is in respect of other later years, the maximum basic grant amount for the provider for each of those years for *higher education courses must not be less than:

(a)    for 2024 - the amount specified in the Commonwealth Grant Scheme Guidelines for the purposes of this paragraph for the provider for that year for those courses; and

(b)    for any other later year - the maximum basic grant amount specified in the provider's funding agreement for the preceding year for those courses.

30-27(4)    
Without limiting subsection (2) and paragraph (3)(a), the CommonwealthGrant Scheme Guidelines may:

(a)    specify different amounts for different years for the purposes of that subsection; and

(b)    specify different amounts for different *Table A providers for the purposes of that subsection or paragraph.

Table A providers - maximum basic grant amount for designated higher education courses

30-27(5)    
The maximum basic grant amount for a *Table A provider for a *grant year for *designated higher education courses must not be less than the amount worked out for the year for those courses using the method statement set out in paragraph 33-5(3)(b) with the following modifications:

(a)    read a reference in step 1 of that statement to places provided by the provider in a *funding cluster as a reference to places allocated under section 30-10 to the provider in that funding cluster;

(b)    disregard paragraph (a) of that step.

Maximum basic grant amount for non-Table A providers

30-27(6)    
Subject to subsection (7), a funding agreement for a higher education provider (other than a *Table A provider) may specify an amount as the maximum basic grant amount payable to the provider for a *grant year.

30-27(7)    
The maximum basic grant amount for a higher education provider (other than a *Table A provider) for a *grant year must not be less than the amount worked out for the year using the method statement set out in paragraph 33-5(7)(b) with the following modifications:

(a)    read a reference in steps 1, 2 and 3 of that statement to places provided by the provider in a *funding cluster or a *grandfathered funding cluster part as a reference to places allocated under section 30-10 to the provider in that funding cluster or grandfathered funding cluster part;

(b)    disregard paragraph (a) of each of those steps.

SECTION 30-28  

30-28   Funding agreement to be published  

The *Secretary must cause a copy of each funding agreement to be published on the Department's website within 28 days after the making of the agreement.

Division 33 - How are grant amounts worked out?  

Subdivision 33-A - Basic rule  

SECTION 33-1   How grant amount is worked out  

33-1(1)    
The amount of a grant payable to a higher education provider under this Part for a year is worked out by:

(a)    

working out the *total basic grant amount for the provider for that year under Subdivision 33-B; and

(b)    

adding:

(i) (Repealed by No 93 of 2020)

(ii) the amount of any medical student loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and

(iii) (Repealed by No 93 of 2020)

(iv) the amount of any transition fund loading worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year; and

(v) the amount of any performance funding grant amount worked out under the Commonwealth Grant Scheme Guidelines for the provider for that year.

(c) (Repealed by No 104 of 2011)

33-1(1A)    
(Repealed by No 104 of 2011)

33-1(2)    
Advances may be paid to a higher education provider under Subdivision 33-D.

Note:

Part 5-1 deals with how payments can be made.

Subdivision 33-B - Total basic grant amounts  

SECTION 33-5   Total basic grant amounts  

Total basic grant amount for Table A providers

33-5(1)    
The total basic grant amount for a *Table A provider for a year is the sum of the following amounts:

(a)    the amount for *higher education courses (see subsection (2));

(b)    the amount for *designated higher education courses (see subsections (3) and (4));

(c)    the amount for *demand driven higher education courses (see subsections (5) and (6)).

Table A providers - amount for higher education courses

33-5(2)    
For the purposes of paragraph (1)(a), the amount for *higher education courses is the lesser of:

(a)    the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider's funding agreement; and

(b)    the amount worked out for the year using the following method statement. Method statement

Table A providers - amount for designated higher education courses

33-5(3)    
For the purposes of paragraph (1)(b) and subject to subsection (4), the amount for *designated higher education courses is the lesser of:

(a)    the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider's funding agreement; and

(b)    the amount worked out for the year using the following method statement. Method statement

33-5(4)    
If a *maximum basic grant amount for the year for the *designated higher education courses is not specified in the *Table A provider's funding agreement, the amount for those courses is the amount worked out for the year using the method statement set out in paragraph (3)(b).

Table A providers - amount for demand driven higher education courses

33-5(5)    
For the purposes of paragraph (1)(c) and subject to subsection (6), the amount for *demand driven higher education courses is the lesser of:

(a)    the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider's funding agreement; and

(b)    the amount worked out for the year using the following method statement. Method statement

33-5(6)    
If a *maximum basic grant amount for the year for the *demand driven higher education courses is not specified in the *Table A provider's funding agreement, the amount for those courses is the amount worked out for the year using the method statement set out in paragraph (5)(b).

Total basic grant amount for non-Table A providers

33-5(7)    
Subject to subsection (8), the total basic grant amount for a higher education provider (other than a *Table A provider) for a year is the lesser of:

(a)    the *maximum basic grant amount for the year that is specified in the provider's funding agreement; and

(b)    the amount worked out for the year using the following method statement. Method statement

33-5(8)    
If a *maximum basic grant amount for the year is not specified in the funding agreement of the higher education provider referred to in subsection (7), the total basic grant amount for the provider is the amount worked out for the year using the method statement set out in paragraph (7)(b).

SECTION 33-10   Commonwealth contribution amounts and grandfathered Commonwealth contribution amounts  

33-10(1)    

The Commonwealth contribution amount for a place in a *funding cluster is the amount specified in the following table in relation to a place in the funding cluster.

Commonwealth contribution amounts
Item	For a place in this funding cluster:	The amount is:
1	Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture	$1,100
2	Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology, Professional Pathway Social Work	$13,250
3	Nursing, Indigenous and Foreign Languages, Engineering, Surveying, Environmental Studies, Science	$16,250
4	Agriculture, Medicine, Dentistry, Veterinary Science, Pathology	$27,000

Note:

Commonwealth contribution amounts are indexed under Part 5-6.

33-10(2)    

The grandfathered Commonwealth contribution amount for a place in a *grandfathered funding cluster part is the amount specified in the following table in relation to a place in the grandfathered funding cluster part.

Grandfathered Commonwealth contribution amounts
Item	For a place in this grandfathered funding cluster part:	The amount is:
1	Law, Accounting, Administration, Economics or Commerce	$2,237
2	Communications	$13,547
3	The Social Studies or Behavioural Science subpart of the Society and Culture part of the first funding cluster	$11,015
4	Any other subpart of the Society and Culture part of the first funding cluster	$6,226
5	Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment or Computing	$13,250
6	Visual and Performing Arts	$13,547
7	Professional Pathway Psychology or Professional Pathway Social Work	$11,015

Note:

Grandfathered Commonwealth contribution amounts are indexed under Part 5-6.

SECTION 33-15  

33-15   Increases in assistance for higher education providers meeting certain requirements  
(Repealed by No 119 of 2007)

SECTION 33-17  

33-17   Reductions in assistance for higher education providers failing to meet certain requirements  
(Repealed by No 89 of 2008)

SECTION 33-20  

33-20   Adjustments in accordance with guidelines  
(Repealed by No 119 of 2007)

SECTION 33-25  

33-25   Adjustments  
(Repealed by No 104 of 2011)

SECTION 33-30   Working out the number of Commonwealth supported places provided  

33-30(1)    

The number of Commonwealth supported places that a higher education provider has provided in respect of *non-grandfathered students during a particular year is a number equal to the number worked out as follows: Method statement

33-30(1A)    

The number of Commonwealth supported places that a higher education provider has provided in respect of *grandfathered students during a particular year is a number equal to the number worked out as follows: Method statement

33-30(2)    
For the purposes of this section, if:

(a) a unit of study provided by the provider forms part of more than one *course of study; and

(b) the provider determines under subsection 169-28(2) an *EFTSL value of the unit for each such course;

the unit is taken to be a different unit of study in respect of each such course.

33-30(3)    

To work out the *number of Commonwealth supported places that a higher education provider has provided as mentioned in an item of column 1 of the following table, apply the method statement in subsection (1) or (1A) (as the case requires) to the units of study mentioned in column 2 of that item.

Working out the number of Commonwealth supported places provided
Item	Column 1 To work out the number of Commonwealth supported places provided in …	Column 2 apply the method statement in subsection (1) or (1A) (as the case requires) to …
1	a *funding cluster or a *grandfathered funding cluster part	units provided by the provider in the funding cluster or the grandfathered funding cluster part.
2	*higher education courses in a *funding cluster or a *grandfathered funding cluster part	units provided by the provider in the funding cluster, or the grandfathered funding cluster part, in those courses.
3	*designated higher education courses in a *funding cluster	units provided by the provider in the funding cluster in those courses.
4	demand driven higher education courses in a *funding cluster or a *grandfathered funding cluster part	units provided by the provider in the funding cluster, or the grandfathered funding cluster part, in those courses.

SECTION 33-35  

33-35   Funding clusters, or parts of funding clusters, in which units are included  

The Commonwealth Grant Scheme Guidelines may specify:

(a)    how to determine, for the purposes of this Act, the *funding cluster, or the part of a funding cluster, in which units of study are included; or

(b)    the particular funding cluster, or the particular part of a particular funding cluster, in which a particular unit is included for the purposes of this Act.

Subdivision 33-C - Adjustments  

SECTION 33-37   Adjustments for breach of section 19-37  

33-37(1)    

A higher education provider's *total basic grant amount for a year is reduced by an adjustment in respect of the year if, on one or more occasions during the year, the provider breaches a condition imposed under section 19-37.

33-37(2)    

The adjustment under subsection (1) is an amount worked out using the formula:

Reduction amount × Total places provided

where:

reduction amount
is $100.

Note:

The reduction amount is indexed under Part 5-6.

total places allocated
(Repealed by No 104 of 2011)

total places provided
is the sum of the following:

(a) the *number of Commonwealth supported places that the higher education provider has provided in respect of *non-grandfathered students for the year;

(b) the number of Commonwealth supported places that the higher education provider has provided in respect of *grandfathered students for the year.

33-37(3)    
This section does not apply in relation to a breach of a condition imposed under section 19-37 by a higher education provider if:

(a) the breach consists of requiring a person to pay money to the provider or another entity; and

(b) as a result of the requirement, the person paid money to the provider or other entity; and

(c) the Minister has given a written notice to the provider under subsection (4); and

(d) the provider or other entity repays the money to the person within 28 days after the Minister gave the notice to the provider.

33-37(4)    
If the Minister becomes aware that:

(a) a higher education provider has breached a condition imposed under section 19-37; and

(b) the breach consists of requiring a person to pay money to the provider or another entity;

the Minister must give to the provider a written notice:

(c) requiring repayment, within 28 days after the notice is given, of any money paid to the provider or any other entity as a result of the requirement; and

(d) stating that failure to repay any such money within that period will result in a reduction under this section of the provider's *total basic grant amount for the year in question.

The notice may relate to more than one breach.

33-37(5)    
A failure by the Minister to give a notice under subsection (4) in relation to a breach of a condition imposed under section 19-37 does not prevent this section from applying in relation to the breach.

33-37(6)    

This section does not apply more than once in relation to a higher education provider's *total basic grant amount for a year.

Subdivision 33-D - Special purpose advances  

SECTION 33-40   Advances for certain purposes  

33-40(1)    

The Minister may, if an amount has been specified under subsection (3A), determine that an advance is payable to a higher education provider, in respect of a year, in relation to expenditure of the provider for such purposes as the Minister determines.

33-40(2)    
The Minister may pay an advance to the provider under subsection (1) on such conditions (if any) as the Minister determines.

33-40(3)    

The total of the advances in respect of a year must not exceed the amount specified by the Minister under subsection (3A).

33-40(3A)    

The Minister may, by legislative instrument, specify an amount for the purposes of subsection (3).

33-40(4)    
If the Minister determines an advance for the provider in respect of a year, the amounts of grant payable to the provider under section 33-1 in respect of:

(a) the year next following that year; or

(b) the 2 years next following that year; or

(c) the 3 years next following that year;

are reduced by amounts that equal in total the amount of the advance.

33-40(5)    
Determinations under subsections (1) and (2), and reductions under subsection (4), must be made in accordance with Commonwealth Grant Scheme Guidelines.

Division 36 - What are the conditions of receiving a grant?  

Subdivision 36-A - General  

SECTION 36-1   Condition of grant to comply with this Division  

36-1(1)    
A higher education provider receives a grant under this Part on condition that the provider complies with this Division.

36-1(2)    
Without limiting subsection (1), the following provisions of this Division do not of their own force require the provider to do any act or thing.

Subdivision 36-B - Conditions relating to Commonwealth supported students  

SECTION 36-5   Meaning of Commonwealth supported student  

36-5(1)    

A person is a Commonwealth supported student , in relation to a unit of study, if:

(a)    the higher education provider with which he or she is enrolled in that unit has advised the person in writing that he or she is a Commonwealth supported student:

(i) in relation to the unit; or

(ii) if the person is undertaking a *course of study with the provider of which the unit forms a part - in relation to that course of study; and

(b)    

at the end of the *census date for the unit, the higher education provider would not have been prohibited under this Subdivision from so advising the person.

36-5(3)    
However, the person is not a Commonwealth supported student in relation to the unit if he or she notifies an *appropriate officer of the provider that he or she does not wish to be a Commonwealth supported student in relation to the unit.

36-5(4)    
A notice under subsection (3):

(a)    must be in writing; and

(b)    must be given on or before the *census date for the unit.

36-5(5)    

In addition, the person is not a *Commonwealth supported student in relation to the unit of study if the *Secretary determines that the person is not a genuine student in relation to the unit.

36-5(6)    

In determining whether a person is a genuine student for the purposes of subsection (5), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.

36-5(7)    

If a determination under subsection (5) is made in writing, the determination is not a legislative instrument.

SECTION 36-10   Advice on whether a person is a Commonwealth supported student - general  
When a provider must not advise that a person is Commonwealth supported

36-10(1)    
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study unless:

(a)    

the provider has entered into a funding agreement under section 30-25 for the year in which the person is undertaking the unit; and

(b)    

the unit contributes to the requirements of a *course of study in which the person is enrolled with that provider or another higher education provider; and

(ba)    

the person has been assessed by the higher education provider, in accordance with section 19-42, as academically suited to undertake the unit; and

(c)    

the person meets the citizenship or residency requirements for the purposes of this paragraph (see subsections (2) and (2A)); and

(d)    

if the course of study is a course of study other than an *enabling course - the unit is *covered by the person's Student Learning Entitlement; and

(e)    

the person:

(i) enrolled in the unit on or before the *census date for the unit; and

(ii) at the end of the census date, remained so enrolled; and

(f)    

if:

(i) the census date for the unit is on or after 1 January 2021 and before 1 January 2023 and the person commenced the course of study on or after 1 January 2021; or

(ii) the census date for the unit is on or after 1 January 2023;

the person meets the *student identifier requirements for the purposes of this paragraph (see subsection (2C))

When a person meets the citizenship or residency requirements

36-10(2)    

A person meets the citizenship or residency requirements for the purposes of paragraph (1)(c) if the person is:

(a)    an Australian citizen; or

(b)    a citizen of New Zealand who will be resident within Australia for the duration of the unit; or

(c)    a *permanent visa holder who will be resident within Australia for the duration of the unit.

36-10(2A)    

In determining, for the purposes of subparagraph (2)(b) or (c), whether a person will be resident within Australia for the duration of the unit of study, disregard any period of residence outside Australia if:

(a)    it cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or

(b)    it is required for the purpose of completing a requirement of that unit.

36-10(2B)    

Despite subsections (2) and (2A), a person does not meet the citizenship or residency requirements under subsection (2), if the higher education provider reasonably expects that he or she will not undertake in Australia any units of study contributing to the *course of study of which the unit forms a part.

When a person meets the student identifier requirements

36-10(2C)    

A person meets the *student identifier requirements for the purposes of paragraph (1)(f) if:

(a)    the person has a student identifier immediately before the census date; and

(b)    before the census date, the person notifies the person's student identifier to:

(i) an *appropriate officer of the higher education provider; and

(ii) the *Secretary.

36-10(2D)    

A notification under paragraph (2C)(b) may be included in a *request for Commonwealth assistance that the person has given to the higher education provider in relation to:

(a)    the unit of study for which the assistance is sought; or

(b)    the *course of study of which the unit forms a part; or

(c)    any other unit of study forming part of that course.

Persons who do not wish to be Commonwealth supported

36-10(3)    
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study if the person has notified an *appropriate officer of the provider that he or she does not wish to be a Commonwealth supported student in relation to the unit.

36-10(4)    
A notice under subsection (3):

(a)    must be in writing; and

(b)    must be given on or before the *census date for the unit.

Additional requirement for non-Table A providers

36-10(5)    
A higher education provider that is not a *Table A provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study unless:

(a)    the unit in which the person is enrolled is within a *national priority; and

(b)    the provider has received a grant under this Part for that national priority for the year in which the person is undertaking the unit; and

(c)    if the national priority is a *course of study that has been specified in the Commonwealth Grant Scheme Guidelines to be a national priority - the unit is contributing to the requirements of that course.

Additional requirement relating to work experience in industry

36-10(6)    
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study that wholly consists of *work experience in industry unless:

(a)    the unit forms part of a *course of study; and

(b)    the person is enrolled, or has previously been enrolled, in another unit of study in that course:

(i) that does not, or did not, wholly consist of work experience in industry; and

(ii) in relation to which the person is, or was, a Commonwealth supported student.

Units of study at full fee summer or winter schools

36-10(7)    
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study if:

(a)    

the person undertakes the unit wholly during a summer school period (the current summer school period ) or a winter school period (the current winter school period ); and

(b)    the provider has determined that this subsection applies to the unit.

36-10(8)    

A higher education provider may determine that subsection (7) applies to a unit of study only if each person who could undertake the unit during the current summer school period or current winter school period could undertake, or could have undertaken, the unit during a period other than a summer school period or winter school period as part of a *course of study undertaken by the person with the higher education provider.

36-10(9)    

The higher education provider must make the determination:

(a)    before the start of the current summer school period, if the determination relates to a unit undertaken during a summer school period; or

(b)    before the start of the current winter school period, if the determination relates to a unit undertaken during a winter school period.

36-10(10)    

In this section:

summer school period
means a period that starts on or after 1 November in a year and ends after 1 January, but before 1 March, in the following year.

winter school period
means a period that starts on or after 1 June in a year and ends on or before 31 August in that year.

SECTION 36-12   Advice on whether a person is a Commonwealth supported student - unreasonable study load  

36-12(1)    
A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study (the new unit ) if the sum of the following amounts is more than 2:

(a)    the *EFTSL value of the new unit;

(b)    the sum of the EFTSL values of each other unit of study:

(i) that has a *census date during the 12 month period ending on the census date for the new unit; and

(ii) for which the person is entitled to *HECS-HELP assistance or *FEE-HELP assistance, or would be so entitled but for the previous operation of this section, or section 104-1AA, in relation to the other unit of study.

36-12(2)    
Subsection (1) does not apply if the higher education provider determines that undertaking the new unit will not impose an unreasonable study load on the person, having regard to:

(a)    whether the person has the demonstrated capacity and capability to successfully complete units of study that have a total EFTSL value of more than 2; and

(b)    the matters (if any) specified by the Higher Education Provider Guidelines for the purposes of this paragraph.

36-12(3)    
A decision of a higher education provider under subsection (2) must be in accordance with the requirements (if any) specified in the Higher Education Provider Guidelines.

36-12(4)    
If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.

SECTION 36-13  

36-13   Advice on whether a person is a Commonwealth supported student - failure to complete previous units  
(Repealed by No 89 of 2023)

SECTION 36-15   Persons not to be advised they are Commonwealth supported  

36-15(1A)    

A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:

(a) the unit contributes to the requirements of a *course of study; and

(b) the course of study is, or is to be, undertaken by the person primarily at an overseas campus.

36-15(1)    
A higher education provider must not advise a person enrolled in a unit of study with the provider that the person is a *Commonwealth supported student in relation to the unit if:

(a) the enrolment is in an *employer reserved place; or

(b) the unit forms part of a *bridging course for overseas-trained professionals; or

(c) the unit forms part of a course to which a determination under subsection (2) applies.

36-15(2)    

The Minister may, by legislative instrument, determine that:

(a) a specified *course of study is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students; or

(b) a *course of study of a specified type is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students.

36-15(3)    
In deciding whether to make a determination under subsection (2), the Minister must have regard to the effect of the determination on students undertaking the course, or a course of that type.

36-15(4)    
A determination of the Minister under subsection (2) must not be made later than 6 months before the day that students are able next to commence the specified course, or a course of that type, with the provider.

36-15(5)    

A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:

(a)    the provider has completed any part of a *request for Commonwealth assistance that the person is required to complete; and

(b)    the request relates to the person enrolling in the unit of study or, where the unit forms part of a *course of study undertaken with the provider, the course of study.

SECTION 36-20   Providers to repay amounts - special circumstances  

36-20(1)    
A higher education provider must, on the *Secretary's behalf, determine that this section applies to a person if:

(a)    the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and

(b)    the unit would, if completed, form part of a *course of study undertaken with that provider or another higher education provider; and

(c)    the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and

(d)    the provider is satisfied that special circumstances apply to the person (see section 36-21); and

(e)    the person applies in writing to that provider for either or both:

(i) the repayment of any amounts that the person paid in relation to his or her *student contribution amount for the unit; or

(ii) the remission of the person's *HECS-HELP debt in relation to the unit; and

(f)    either:

(i) the application is made before the end of the application period under section 36-22; or

(ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

Note 1:

A HECS-HELP debt of a person to whom this section applies is remitted under subsection 137-5(4).

Note 2:

A decision that this section does not apply to a person is reviewable under Part 5-7.

36-20(2)    

If the provider determines that this section applies to a person, the provider must:

(a)    pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to his or her *student contribution amount for the unit; and

(b)    pay to the Commonwealth an amount equal to any *HECS-HELP assistance to which the person was entitled for the unit.

36-20(3)    

Subsection (2) does not apply to the provider if:

(a)    

the person enrolled in the unit as a *replacement unit; or

(b)    it is determined that section 36-24A applies to the person; or

(c)    

section 36-24BA applies in relation to the provider in relation to the unit.

36-20(4)    

The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to circumstances to which paragraph (3)(a) applies:

(a)    the amount (if any) that is to be paid to the person; and

(b)    the amount (if any) that is to be paid to the Commonwealth; and

(c)    the person (if any) who is to pay the amounts.

36-20(5)    
If a determination made under subsection (1) is made in writing, the determination is not a legislative instrument.

SECTION 36-21   Special circumstances  

36-21(1)    
For the purposes of paragraph 36-20(1)(d), special circumstances apply to the person if and only if the higher education provider is satisfied that circumstances apply to the person that:

(a) are beyond the person's control; and

(b) do not make their full impact on the person until on or after the *census date for the unit of study; and

(c) make it impracticable for the person to complete the requirements for the unit during the period during which the person undertook, or was to undertake, the unit.

36-21(2)    
The Administration Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (1)(a), (b) or (c). A decision of a higher education provider under this section must be in accordance with any such guidelines.

Note 1:

Guidelines made for the purposes of this subsection also have effect for the purposes of subsections 97-30(2) and 104-30(2) (re-crediting a person's HELP balance).

SECTION 36-22   Application period  

36-22(1)    

For the purposes of subparagraph 36-20(1)(f)(i), if:

(a) the person has withdrawn his or her enrolment in the unit of study; and

(b) the higher education provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

36-22(2)    
If subsection (1) does not apply, the application period for the application is the period of 12 months after the end of the period during which the person undertook, or was to undertake, the unit.

SECTION 36-22A  

36-22A   Providers to repay amounts etc. for units wholly consisting of work experience in industry - provider ceases to provide course  
(Repealed by No 104 of 2011)

SECTION 36-23   Dealing with applications  

36-23(1)    
If:

(a) the application under paragraph 36-20(1)(e) is made before the end of the application period under section 36-22; or

(b) the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.

36-23(2)    
The notice must include a statement of the reasons for the decision.

SECTION 36-24A   Providers to repay amounts - provider defaults  

36-24A(1)    

A higher education provider must, on the *Secretary's behalf, determine that this section applies to a person if:

(a)    the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and

(b)   the unit would, if completed, form part of a *course of study undertaken with the provider; and

(c)    the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person; and

(d)    Part 5-1A applied to the provider at the time the provider defaulted in relation to the person; and

(e)    

any of the following apply:

(i) the provider identifies, under paragraph 166-25(4)(b) that there is no suitable *replacement unit or *replacement course for the person;

(ii) the person elects, under subparagraph 166-25(7)(a)(iii), to have an amount equal to the amounts of *HECS-HELP assistance that the person received for the unit re-credited to the student's *HELP balance;

(iii) the *Higher Education Tuition Protection Director decides, under paragraph 166-26B(2)(b) that the Director is not satisfied that there is a suitable replacement course for the person;

(iv) the person elects, under subparagraph 166-26B(4)(a)(iii), to have an amount equal to the amounts of HECS-HELP assistance that the person received for the unit re-credited to the student's HELP balance.

Note:

A HECS-HELP debt of a person to whom this section applies is remitted under subsection 137-5(4).

36-24A(2)    

The provider must pay to the Commonwealth an amount equal to any *HECS-HELP assistance to which the person was entitled for the unit.

36-24A(3)    
If a determination made under subsection (1) is made in writing, the determination is not a legislative instrument.

SECTION 36-24B   Providers to repay amounts - no tax file numbers  

36-24B(1)    
This section applies to a person if a higher education provider cancels the person's enrolment in a unit of study under subsection 193-5(1).

Note:

A HECS-HELP debt of a person to whom this section applies is remitted under subsection 137-5(4).

36-24B(2)    
The provider must:

(a)    pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to his or her *student contribution amount for the unit; and

(b)    

pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96-1.

SECTION 36-24BA   Providers to repay amounts - person's SLE amount re-credited in special circumstances  

36-24BA(1)    
This section applies if:

(a)    a person has been enrolled as a *Commonwealth supported student with a higher education provider in a unit of study; and

(b)    the person's *SLE amount has been re-credited under section 79-1 with an amount equal to the *EFTSL value of the unit.

36-24BA(2)    
The provider must:

(a)    pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person's *student contribution amount for the unit; and

(b)    pay to the Commonwealth an amount equal to any *HECS-HELP assistance to which the person was entitled for the unit.

SECTION 36-24BB   Providers to repay amounts - provider completes request for assistance  

36-24BB(1)    
This section applies to a person if the person's *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study under section 97-45.

Note:

The person's HECS-HELP debt relating to the unit is taken to be remitted if the person's HELP balance is re-credited in relation to the unit under section 97-45: see section 137-5.

36-24BB(2)    
The higher education provider must:

(a)    pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person's *student contribution amount for the unit; and

(b)    

pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96-1.

36-24BB(3)    
Subsection (2) does not apply to the provider if:

(a)    the person enrolled in the unit as a *replacement unit; or

(b)    it is determined that section 36-24A applies to the person in relation to the unit.

36-24BB(4)    
The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to circumstances to which paragraph (3)(a) applies:

(a)    the amount (if any) that is to be paid to the person; and

(b)    the amount (if any) that is to be paid to the Commonwealth; and

(c)    the person (if any) who is to pay the amounts.

SECTION 36-24BC   Providers to repay amounts - person not entitled to assistance  

36-24BC(1)    
This section applies to a person if the person's *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study under section 97-50.

Note:

The person's HECS-HELP debt relating to the unit is taken to be remitted if the person's HELP balance is re-credited in relation to the unit under section 97-50: see section 137-5.

36-24BC(2)    
The higher education provider must:

(a)    pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person's *student contribution amount for the unit; and

(b)    

pay to theCommonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96-1.

36-24BC(3)    
Subsection (2) does not apply to the provider if:

(a)    the person enrolled in the unit as a *replacement unit; or

(b)    it is determined that section 36-24A applies to the person in relation to the unit.

36-24BC(4)    
The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to circumstances to which paragraph (3)(a) applies:

(a)    the amount (if any) that is to be paid to the person; and

(b)    the amount (if any) that is to be paid to the Commonwealth; and

(c)    the person (if any) who is to pay the amounts.

SECTION 36-24C  

36-24C   Secretary may act if provider is unable to  

If a higher education provider is unable to act for one or more of the purposes of subsection 36-12(2) or 36-20(1), section 36-21, 36-22 or 36-23 or subsection 36-24A(1), the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.

Subdivision 36-C - Conditions relating to enrolment  

SECTION 36-25   Continued support for Commonwealth supported students  

36-25(1)    
A higher education provider must advise a person who is enrolled in a unit of study with the provider, as part of a *course of study being undertaken with the provider, that he or she is a *Commonwealth supported student in relation to the unit if:

(a)    the person is or has been a Commonwealth supported student in relation to one or more other units of study, undertaken with the provider, as part of the course; and

(b)    

the provider is not prohibited, under Subdivision 36-B, from so advising the person.

36-25(2)    
A *Table A provider (the host provider ) must advise a person who is enrolled in a unit of study with the provider, as part of a *course of study being undertaken with another Table A provider (the home provider ), that he or she is a *Commonwealth supported student in relation to the unit if:

(a)    the person is or has been a Commonwealth supported student in relation to one or more other units of study in the course undertaken with the home provider; and

(b)    the person must undertake the unit, because it is required to complete the course; and

(c)    

the host provider is not prohibited, under Subdivision 36-B, from so advising the person.

36-25(3)    

If a higher education provider has, under subparagraph 36-5(1)(a)(ii), advised a person that he or she is a Commonwealth supported student in relation to a *course of study with the provider, thenthe higher education provider is taken to have advised the person that he or she is a Commonwealth supported student in relation to each unit of study undertaken with the provider, as part of that course.

SECTION 36-30   Providers to enrol persons as Commonwealth supported students  
Table A providers

36-30(1)    
If:

(a)    

a person is to be enrolled with a *Table A provider in a unit of study; and

(aa)    

the unit to be undertaken with the provider forms part of an *undergraduate course of study; and

(b)    

the provider is not prohibited, under Subdivision 36-B, from advising the person that he or she is a *Commonwealth supported student in relation to the unit;

the provider must enrol the person in the unit as a Commonwealth supported student.

36-30(2)    

Subsection (1) does not apply in respect of a person's enrolment with a *Table A provider in a unit of study that forms part of an *undergraduate course of study if:

(a)    the person commences the undergraduate course of study with the provider before 1 January 2009; or

(b)    both:

(i) the person transfers to the undergraduate course of study with the provider on or after 1 January 2009 from another undergraduate course of study in which the person was enrolled with the provider before 1 January 2009; and

(ii) the person had not completed that other undergraduate course of study; or

(c)    all of the following apply:

(i) the person was offered, and accepted, a place (other than a Commonwealth supported place) in the undergraduate course of study with the provider before 1 January 2009;

(ii) the undergraduate course of study was to commence before 1 January 2009;

(iii) with the provider's approval, the person commences the course of study after that time; or

(d)    at the time the person commences the undergraduate course of study with the provider, the person is an *overseas student.

Other higher education providers

36-30(3)    

If a person is to be enrolled, with a higher education provider that is not a *Table A provider, in a unit of study, the provider must enrol the person in the unit as a *Commonwealth supported student if:

(a)    completion of the unit is in furtherance of a *national priority; and

(b)    places have been allocated to the provider under section 30-10 in respect of that national priority for the year in which the person is enrolled in the unit; and

(c)    

the provider is not prohibited, under Subdivision 36-B, from advising the person that the person is a Commonwealth supported student in relation to the unit.

36-30(4)    
Subsection (3) does not apply, and is taken never to have applied, in relation to that enrolment if:

(a)    in respect of the year in which the person is enrolled in the unit, the provider has already filled, or fills, all of the *number of Commonwealth supported places in respect of that *national priority; or

(b)    the person notifies an *appropriate officer of the provider that he or she does not wish to be a *Commonwealth supported student in relation to the unit.

Notices under paragraph (4)(b)

36-30(5)    

A notice under paragraph (4)(b):

(a)    must be in writing; and

(b)    must be given on or before the *census date for the unit.

SECTION 36-32  

36-32   Commonwealth supported study at a particular campus  

Nothing in sections 36-25 or 36-30 requires a higher education provider to advise a person that he or she is a Commonwealth supported student in relation to a unit of study undertaken at a particular campus of the provider.

SECTION 36-35  

36-35   Percentage of Commonwealth supported places to be provided by Table A providers  
(Repealed by No 119 of 2007)

SECTION 36-40   Providers to cancel enrolments in certain circumstances  

36-40(1)    
A higher education provider must cancel a person's enrolment in a unit of study with the provider if the person:

(a) is enrolled as a *Commonwealth supported student in relation to the unit; and

(b) has not, on or before the *census date for the unit:

(i) completed, and signed, a *request for Commonwealth assistance in relation to the unit or, where the unit forms part of a *course of study undertaken with the provider, in relation to the course of study; and

(ii) given it to an *appropriate officer of the provider.

36-40(2)    
A higher education provider must cancel a person's enrolment in a unit of study with the provider if the person:

(a) is enrolled as a *Commonwealth supported student in relation to the unit; and

(b) is not entitled to *HECS-HELP assistance for the unit; and

(c) has not, on or before the *census date for the unit, paid to the provider the whole of the person's *student contribution amount for the unit.

However, this subsection does not apply if the person's student contribution amount for the unit is a nil amount.

36-40(3)    

A request for Commonwealth assistance , in relation to a person enrolling in a unit of study with a higher education provider (where access to the unit was not provided by *Open Universities Australia), means a document:

(a) in which the person requests the Commonwealth to provide assistance under this Act in relation to the unit or, where the unit forms part of a *course of study undertaken with the provider, in relation to the course of study; and

(b) that is in the form approved by the Minister.

Subdivision 36-D - Conditions relating to student contribution amounts  

SECTION 36-45  

36-45   Limits on student contribution amounts  
If a person is enrolled with a higher education provider in a unit of study as a *Commonwealth supported student, the provider must not charge, as the person's *student contribution amount for the unit, an amount that exceeds the amount worked out as follows:

*Maximum student contribution amount for a place

×

The *EFTSL value of the unit

SECTION 36-50  

36-50   Provider must not accept up-front payments of more than 90% of student contribution amounts  
(Repealed by No 64 of 2022)

Subdivision 36-E - Conditions relating to tuition fees  

SECTION 36-55   Tuition fees for non-Commonwealth supported students  
Tuition fees for units of study

36-55(1)    

A higher education provider must not determine, as a person's *tuition fee for a unit of study, an amount that is less than the highest *student contribution amount that the provider would charge any person who is a *Commonwealth supported student in relation to the unit.

36-55(2)    

Subsection (1) does not apply if the person is enrolled in an *employer reserved place. However, the provider must not charge, as the person's *tuition fees for the unit, amounts that are such that the sum of:

(a) the tuition fees; and

(b) the *employer contribution amount for the unit;

is less than the *student contribution amount referred to in subsection (1):

(c) if paragraph (d) does not apply - the *student contribution amount referred to in paragraph (1)(a); or

(d) such amount as is specified in the Tuition Fee Guidelines for the purposes of paragraph (1)(b).

36-55(3)    
If a person:

(a) is enrolled in study with a higher education provider on a *non-award basis; and

(b) could have enrolled in that study as a unit of study if the enrolment were not on a non-award basis;

the provider must not charge, as the person's *fees for the study, amounts that in total are less than the highest amount that the provider would charge any person:

(c) who may enrol in the study as a unit of study; and

(d) who is a *Commonwealth supported student in relation to the unit.

Subdivision 36-F - Other conditions  

SECTION 36-60  

36-60   Providers to meet the quality and accountability requirements  
A higher education provider must meet the *quality and accountability requirements.

SECTION 36-65  

36-65   Providers to comply with funding agreement  
A higher education provider must comply with any funding agreement the provider enters into under section 30-25.

SECTION 36-70   Providers to comply with the Commonwealth Grant Scheme Guidelines  

36-70(1)    
The Commonwealth Grant Scheme Guidelines may specify conditions that higher education providers must comply with for the purposes of this Division.

36-70(2)    
A higher education provider must comply with all such conditions in respect of any year for which the provider receives a grant under this Part.

36-70(3)    

However, the provider need not comply with such a condition during a particular year if the condition comes into force on or after the day on which the provider entered into a funding agreement under section 30-25 in respect of a period that includes that year.

PART 2-2A - INDIGENOUS STUDENT ASSISTANCE GRANTS  

Division 38 - Indigenous student assistance grants  

SECTION 38-1   What this Part is about  

Note:

This Part does not apply to Table C providers: see section 5-1.

SECTION 38-5  

38-5   Indigenous Student Assistance Grants Guidelines  

Grants under this Part are also dealt with in the Indigenous Student Assistance Grants Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note:

The Indigenous Student Assistance Grants Guidelines are made by the Minister under section 238-10.

SECTION 38-10   Eligibility for grants under this Part  

38-10(1)    
A *Table A provider or *Table B provider is, subject to subsection (3), eligible for grants under this Part, in respect of the year 2017 or a later year, for the following purposes:

(a)    

assisting *Indigenous persons (who may or may not be students) to undertake higher education;

(b)    

increasing the number of:

(i) *Indigenous persons enrolling in courses leading to *higher education awards; and

(ii) students who are Indigenous persons progressing in and completing courses leading to higher education awards.

38-10(2)    
Without limiting subsection (1), the purposes mentioned in that subsection may be achieved through the following means:

(a)    providing scholarships;

(b)    providing academic support, including supplementary tuition;

(c)    providing pastoral care;

(d)    implementing strategies to:

(i) accelerate improvements to Indigenous student outcomes in higher education; or

(ii) foster culturally-safe learning environments in higher education.

38-10(3)    
If the Indigenous Student Assistance Grants Guidelines:

(a)    provide for a grant; and

(b)    specify extra conditions of eligibility to receive the grant;

then a *Table A provider or *Table B provider is not eligible for the grant unless the provider complies with those extra conditions.

SECTION 38-15   Guidelines may provide for grants  

38-15(1)    
The Indigenous Student Assistance Grants Guidelines may provide for one or more grants to *Table A providers and *Table B providers for purposes specified in subsection 38-10(1).

38-15(2)    
If the Indigenous Student Assistance Grants Guidelines provide for one or more grants of a particular type, the guidelines may also specify all or any of the following matters for the grants:

(a) the grants' objectives;

(b) the extra conditions of eligibility to receive the grants;

(c) the amount, being part of the amount referred to in section 38-45 for a year, that will be spent on grants of that type in that particular year;

(d) the indexation of that amount for subsequent years, using the method of indexation set out in Part 5-6;

(e) the amounts of the grants, or the methods by which the amounts of the grants will be determined;

(f) the year or years in respect of which the grants are payable;

(g) the conditions that apply to the grants.

SECTION 38-20  

38-20   Approval of grants  

The Minister may, by notifiable instrument, approve a grant under this Part in respect of a year to a particular higher education provider that is eligible for such a grant.

SECTION 38-25   Conditions on grants  

38-25(1)    
A grant is made on the following conditions:

(a) if the grant is provided for by the Indigenous Student Assistance Grants Guidelines and the guidelines specify conditions that apply to the grant:

(i) on the conditions provided for in the guidelines; and

(ii) also on the condition that the higher education provider receiving the grant must meet the *quality and accountability requirements;

(b) if paragraph (a) does not apply:

(i) on such conditions (if any) as the Minister determines under subsection (2); and

(ii) also on the condition that the higher education provider receiving the grant must meet the quality and accountability requirements.

38-25(2)    
For the purposes of subparagraph (1)(b)(i), the Minister may, by notifiable instrument, determine conditions that apply to one or more grants that a particular higher education provider receives.

SECTION 38-30   Amounts of grants  

38-30(1)    
The amount of a grant is:

(a) if:

(i) the grant is provided for by the Indigenous Student Assistance Grants Guidelines; and

(ii) the guidelines specify the amount of the grant, or a method by which the amount of the grant is to be determined;

the specified amount, or the amount determined by the specified method; or

(b) if paragraph (a) does not apply - the amount determined by the Minister under subsection (2).

38-30(2)    
For the purposes of paragraph (1)(b), the Minister may, by notifiable instrument, determine the amounts of one or more grants that a particular higher education provider receives.

SECTION 38-35  

38-35   Amounts payable under this Part  

If:

(a) a higher education provider meets, in respect of a year, the requirements of the Indigenous Student Assistance Grants Guidelines for the purposes of section 38-15 in relation to a grant; or

(b) the Minister approves, under section 38-20, a grant to a higher education provider in respect of a year;

there is payable to the provider concerned, in respect of that year, an amount equal to the amount referred to in section 38-30 in respect of that grant.

SECTION 38-40   Rollover of grant amounts  

38-40(1)    
If:

(a) a higher education provider to which a grant under this Part has been made in respect of a year fails to spend an amount of that grant; and

(b) the *Secretary determines under subsection (3) that this section is to apply to the provider in respect of that grant;

then so much of the unspent amount as the Secretary determines under that subsection is taken to be granted to the provider under this Part inrespect of the next following year.

38-40(2)    
The grant is taken to be made:

(a) under the same conditions as the conditions of the original grant, except the grant is taken to be made in respect of the next following year; or

(b) under such other conditions as the Secretary determines under subsection (4).

38-40(3)    
For the purposes of subsection (1), the Secretary may, by notifiable instrument, determine:

(a) that this section is to apply to a particular higher education provider in respect of one or more grants; and

(b) for each grant, an amount of the unspent amount of the grant.

38-40(4)    
For the purposes of paragraph (2)(b), the Secretary may, by notifiable instrument, determine conditions that apply to one or more grants made to a particular higher education provider.

SECTION 38-45   Maximum payments for grants under this Part  

38-45(1)    
The total payments made under this Part in respect of a year must not exceed the amount determined by the Minister under subsection (2) in respect of the year.

38-45(2)    
The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year.

Note:

A single instrument may determine amounts for multiple years.

38-45(3)    
A determination under subsection (2) for a year must be made before the start of that year.

38-45(4)    
The Minister may, by legislative instrument, at any time before the end of a year, vary a determination made under subsection (2) for the year.

PART 2-3 - OTHER GRANTS  

Division 41 - Other grants  

SECTION 41-1  

41-1   What this Part is about  
Grants under this Part are payable to higher education providers and other eligible bodies for a variety of purposes.

Note:

This Part does not apply to Table C providers: see section 5-1.

SECTION 41-5  

41-5   The Other Grants Guidelines  
Other grants are also dealt with in the Other Grants Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note:

The Other Grants Guidelines are made by the Minister under section 238-10.

SECTION 41-10   Eligibility for grants under this Part  

41-10(1)    

Subject to subsection (2), a body corporate referred to in an item in the third column of the table is eligible for grants under this Part, in respect of the year 2005 or a later year, for the purposes specified in the second column of that item.

Eligibility for grants under this Part
Item	Purpose of grant	Who is eligible
1	Grants to promote equality of opportunity in higher education	*Table A providers and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item
2	Grants to promote the productivity of higher education providers	*Table A providers
3	(Repealed by No 86 of 2009)
4	Grants to support national institutes specified in the Other Grants Guidelines for the purposes of this item	*Table A providers
5	Grants to support the capital development projects of higher education providers	*Table A providers and *Table B providers
6	Grants to assist with the cost of higher education providers' superannuation liabilities	*Table A providers
7	Grants to support research by, and the research capability of, higher education providers	*Table A providers and *Table B providers
8	Grants to support the training of research students	*Table A providers and *Table B providers
8A	(Repealed by No 86 of 2009)
9	Grants to foster collaboration and reform in higher education	*Table A providers and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item
9A	Grants to support diversity and structural reform	*Table A providers, *Table B providers that are universities, and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item
9B	Grants to support structural adjustment	*Table A providers and *Table B providers that are universities
10	Grants to support the development of systemic infrastructure used by higher education providers	*Table A providers and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item
11	Grants for activities that: (a) assure and enhance the quality of Australia's higher education sector; or (b) foster an understanding of the importance of, or promote research and scholarship in, science, social science or the humanities in Australia; or (c) support open access to higher education across Australia.	*Table A providers and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item
11A	Grants to support arrangements to increase industry-led study and postgraduate research	*Table A providers, *Table B providers and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item
12	Grants to assist higher education providers with the transitional costs of changes to maximum student contribution amounts	Higher education providers that have provided Commonwealth-supported places for any year
13	Grants to encourage higher education providers to engage with industry	*Table A providers
14	Grants to assist higher education providers to undertake programs of research, in areas of national priority, that progress development of technologies and services to a state of commercial investor readiness	*Table A providers, *Table B providers and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item
15	Grants to assist higher education providers to provide payments to students who are undertaking mandatory practicums as part of their *course of study	*Table A providers, *Table B providers and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item

41-10(2)    
If the Other Grants Guidelines:

(a)    specify a program under which grants for a particular purpose specified in the table are to be paid; and

(b)    specify extra conditions of eligibility to receive a grant under the program;

then a body corporate specified in the table in respect of those grants is not eligible for such a grant unless it complies with those extra conditions.

SECTION 41-15   Grants may be paid under programs  

41-15(1)    
The Other Grants Guidelines may specify one or more programs under which grants for particular purposes specified in the table in subsection 41-10(1) are to be paid.

41-15(2)    
If the Other Grants Guidelines specify a program for a grant for a particular purpose, the guidelines may also specify all or any of the following matters for the program:

(a) the program's objectives;

(b) the extra conditions of eligibility to receive a grant under the program;

(c) the amount, being a part of the amount referred to in section 41-45 for a year, that will be spent on the program in that particular year;

(d) the indexation of that amount for subsequent years, using the method of indexation set out in Part 5-6;

(e) the method by which the amount of grants under the program will be determined;

(f) whether grants under a program are in respect of a year or a project;

(g) the conditions that apply to grants under the program.

SECTION 41-20  

41-20   Approval of grants  
The Minister may approve a grant under this Part in respect of a year or a project to a body corporate that is eligible for such a grant.

SECTION 41-25   Conditions on grants  

41-25(1)    
A grant is made on the following conditions:

(a)    if the grant is made under a program and the Other Grants Guidelines specify conditions that apply to a grant under that program - on the conditions provided for in the guidelines;

(b)    if the body receiving the grant is a higher education provider - on the condition that the body must meet the *quality and accountability requirements;

(c)    on such other conditions (if any) as the Minister determines in relation to the grant under subsection (2).

41-25(2)    
The Minister may, in writing, determine conditions in relation to a grant for the purposes of paragraph (1)(c).

41-25(3)    
A determination under subsection (2) is not a legislative instrument.

SECTION 41-30  

41-30   Amount of a grant  
The amount of a grant is:

(a) if the grant is made under a program and the Other Grants Guidelines specify a method by which the amount of grants under the program are to be determined - the amount determined by that method; or

(b) if paragraph (a) does not apply - the amount determined in writing by the Minister.

SECTION 41-35  

41-35   Amounts payable under this Part  
If:

(a) a body corporate meets, in respect of a year, the requirements of the Other Grants Guidelines made for the purposes of section 41-15 in relation to a program; or

(b) the Minister approves, under section 41-20, a grant to a body corporate in respect of a year or project;

there is payable to the body corporate concerned, in respect of that year or project, an amount equal to the amount referred to in section 41-30 in respect of that grant.

SECTION 41-40   Rollover of grant amounts  

41-40(1)    

If a body to which a grant (the original grant ) under this Part has been made in respect of a year fails to spend an amount (the unspent amount ) of the grant before the end of the year, then:

(a)    unless paragraph (b) applies - the unspent amount is taken to be granted to the body under this Part in respect of the next following year; or

(b)    if the *Secretary specifies an amount (not greater than the unspent amount) in relation to the body and the original grant in a determination under subsection (1A) - the specified amount is taken to be granted to the body under this Part in respect of the next following year.

41-40(1A)    

The *Secretary may, in writing, make a determination for the purposes of paragraph (1)(b) specifying an amount in relation to a body and a grant.

41-40(2)    

The amount taken to be granted under subsection (1) is taken to be granted for the same purpose as the original grant.

41-40(3)    

The grant taken to be made under subsection (1) is taken to be made:

(a)    under the same conditions as the conditions of the original grant - except the grant is taken to be made in respect of the next following year; or

(b)    under such other conditions as are determined by the *Secretary.

41-40(4)    

Subsection (1) does not apply to a body in relation to a grant if the *Secretary specifies the body in relation to the grant in a determination under subsection (5).

41-40(5)    

The *Secretary may, in writing, make a determination for the purposes of subsection (4) specifying a body in relation to a grant.

41-40(6)    

A determination under subsection (1A) or (5) is not a legislative instrument.

SECTION 41-45   Maximum payments for other grants under this Part  

41-45(1)    

The total payments made under this Part in respect of a year referred to in the table must not exceed the amount specified next to that year in the table.

Maximum payments for other grants under this Part
Item	Year	Amount
1	2005	$1,539,636,000
2	2006	$1,716,942,000
3	2007	$1,768,622,000
4	2008	$1,912,350,000
5	2009	$1,883, 928,000
6	2010	$1,874,910,000
7	2011	$2,032,393,000
8	2012	$2,114,960,000
9	2013	(a) if paragraph (b) does not apply-$2,274,359,000; or (b) if the Minister determines an amount under subsection (1A) in respect of 2013-that amount
10	2014	(a) if paragraph (b) does not apply-$2,225,794,000; or (b) if the Minister determines an amount under subsection (1A) in respect of 2014-that amount
11	2015	(a) if paragraph (b) does not apply-$2,231,354,000; or (b) if the Minister determines an amount under subsection (1A) in respect of 2015-that amount
12	2016	(a) if paragraph (b) does not apply-$2,219,169,000; or (b) if the Minister determines an amount under subsection (1A) in respect of 2016-that amount
13	2017 and each later year	The amount determined by the Minister under subsection (1B) in respect of that year

41-45(1A)    

The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2013 but before 1 January 2017.

41-45(1B)    

The Minister must, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2017.

41-45(1C)    

A determination under subsection (1B) for a year must be made before the start of that year.

41-45(1D)    

The Minister may, in writing, vary a determination under subsection (1A) or (1B) for a year at any time before the end of that year.

41-45(2)    
Payments made in respect of a project in a year are taken, for the purposes of subsection (1) to have been made in respect of that year.

SECTION 41-50  

41-50   List of maximum grant amounts  
(Repealed by No 55 of 2021)

SECTION 41-95   Alternative constitutional bases  

41-95(1)    
In addition to the effect that it has apart from this section, this Part has the effect it would have if each reference in this Part to a grant were expressly confined to a grant:

(a) to a corporation to which paragraph 51(xx) of the Constitution applies for the purposes of carrying out the corporation's activities; or

(b) for one or more of the following purposes (as well as for a purpose described in section 41-10):

(i) a purpose related to trade or commerce with another country, among the States, between a State and a Territory, between 2 Territories or within a Territory;

(ii) a purpose involving the use of postal, telegraphic, telephonic, and other like services;

(iii) a purpose relating to astronomical or meteorological observations;

(iv) a purpose relating to census or statistics;

(v) a purpose relating to aliens;

(vi) a purpose relating to old-age pensions;

(vii) a purpose relating to the provision of benefits to students or sickness benefits;

(viii) a purpose relating to Aboriginal or Torres Strait Islander people;

(ix) a purpose relating to external affairs;

(x) a purpose relating to the executive power of the Commonwealth;

(xi) a purpose relating to a matter that is peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or

(c) in or in relation to a Territory.

41-95(2)    
A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.

Division 42 - Australia's Economic Accelerator  

Subdivision 42-A - Research commercialisation strategy and investment plan  

SECTION 42-1   Research commercialisation strategy  

42-1(1)    
The *AEA Advisory Board must make a written strategy, to be known as the research commercialisation strategy, to:

(a)    outline the vision, aims and objectives for translation and commercialisation of university research in areas of national priority; and

(b)    identify new and emerging technologies in areas of national priority; and

(c)    identify and propose ways of addressing regulatory, financial and cultural barriers to translating and commercialising university research in areas of national priority.

Note:

For variation and revocation of a strategy, see subsection 33(3) of the Acts Interpretation Act 1901.

42-1(1A)    
The strategy must not be inconsistent with *Australia's greenhouse gas emissions reduction targets.

42-1(2)    
The first strategy must be made as soon as practicable after this section commences. A subsequent strategy must be made and in force as soon as the current strategy ceases to be in force.

42-1(3)    
A strategy is in force for 5 years.

42-1(4)    
The *AEA Advisory Board must give a copy of a strategy to the Minister as soon as practicable after making it.

42-1(5)    
The Minister must cause a copy of a strategy to be laid before each House of the Parliament.

42-1(6)    
A strategy made under subsection (1) is not a legislative instrument.

SECTION 42-5   Investment plan  

42-5(1)    
The *AEA Advisory Board must, in relation to each year, formulate written policies for the *Australia's Economic Accelerator program, dealing with the following matters in relation to the year:

(a)    areas of national priority;

(b)    the total amount of funding available;

(c)    any other matters the AEA Advisory Board considers appropriate to deal with to ensure the program meets the program's objectives.

42-5(2)    
The *AEA Advisory Board must ensure that the policies are consistent with the research commercialisation strategy in force under section 42-1.

42-5(3)    
A member of the *AEA Advisory Board, or a person performing functions or exercising powers under the *Australia's Economic Accelerator program, must not act inconsistently with policies formulated under subsection (1).

Subdivision 42-B - Advisory Board  

SECTION 42-10  

42-10   Australia's Economic Accelerator Advisory Board  

The Australia's Economic Accelerator Advisory Board ( AEA Advisory Board ) is established.

SECTION 42-15  

42-15   Functions of the AEA Advisory Board  

The *AEA Advisory Board has the following functions:

(a)    to advise the Minister in relation to translation and commercialisation of university research;

(b)    to advise the Minister in relation to the *Australia's Economic Accelerator program, including in relation to objectives, conditions of eligibility and conditions of grants;

(c)    to oversee the performance of functions by priority managers engaged under section 42-75;

(d)    any other functions conferred on the *AEA Advisory Board by this Act or the Other Grants Guidelines;

(e)    to do anything incidental or conducive to the performance of the above functions.

SECTION 42-20   Annual report  

42-20(1)    
The *AEA Advisory Board must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the AEA Advisory Board's operations during the year.

Note:

See also section 34C of the Acts Interpretation Act 1901, which contains provisions about annual reports.

42-20(2)    
The report must include details of:

(a)    achievements and outcomes in translating and commercialising university research in areas of national priority; and

(b)    regulatory, financial and cultural barriers to translating and commercialising university research in areas of national priority and proposed ways of addressing them.

SECTION 42-25  

42-25   Membership of the AEA Advisory Board  

The *AEA Advisory Board consists of the following members:

(a)    the Chair;

(b)    the Deputy Chair;

(c)    not fewer than 4, and not more than 6, other members.

SECTION 42-30   Appointment of members of the AEA Advisory Board  

42-30(1)    
Members of the *AEA Advisory Board are to be appointed, on a part-time basis, by the Minister by written instrument.

42-30(2)    
A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note:

Subject to subsection (3), a member may be reappointed - see section 33AA of the Acts Interpretation Act 1901.

42-30(3)    
A member cannot be appointed for more than 3 consecutive periods.

42-30(4)    
The Minister must appoint one member to be the Chair and another to be the Deputy Chair.

42-30(5)    
The Minister must ensure that the members collectively:

(a)    possess experience and knowledge in research and its translation and commercialisation; and

(b)    represent the sectors of government, industry, business and research.

SECTION 42-35   Acting AEA Advisory Board members  

Acting by operation of law

42-35(1)    
The Deputy Chair of the *AEA Advisory Board is to act as the Chair of the AEA Advisory Board:

(a)    during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or

(b)    during any period, or during all periods, when the Chair:

(i) is absent from duty; or

(ii) is, for any reason, unable to perform the duties of the office.

Note:

For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.

Acting appointments

42-35(2)    
The Minister may, by written instrument, appoint a member to act as the Deputy Chair of the *AEA Advisory Board:

(a)    during a vacancy in the office of Deputy Chair of the AEA Advisory Board (whether or not an appointment has previously been made to the office); or

(b)    during any period, or during all periods, when the Deputy Chair of the AEA Advisory Board:

(i) is acting as the Chair of the AEA Advisory Board; or

(ii) is absent from duty; or

(iii) is, for any reason, unable to perform the duties of the office.

Note:

For rules that apply to acting appointments, see sections 33AB and 33A of theActs Interpretation Act 1901.

42-35(3)    
The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or Deputy Chair) of the *AEA Advisory Board:

(a)    during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or

(b)    during any period, or during all periods, when a member:

(i) is acting as the Deputy Chair; or

(ii) is absent from duty; or

(iii) is, for any reason, unable to perform the duties of the office.

Note:

For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

Experience and knowledge etc. of acting members

42-35(4)    
Subsection 42-30(5) applies to an appointment under this section in the same way as it applies to an appointment under section 42-30.

SECTION 42-40   Remuneration and allowances  

42-40(1)    
A member of the *AEA Advisory Board is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by rules made under subsection (4).

42-40(2)    
A member of the *AEA Advisory Board is to be paid the allowances that are prescribed by rules made under subsection (4).

42-40(3)    
This section has effect subject to the Remuneration Tribunal Act 1973.

42-40(4)    
The Minister may, by legislative instrument, make rules prescribing matters for the purposes of this section.

SECTION 42-45  

42-45   Leave of absence  

The Minister may grant leave of absence to a member of the *AEA Advisory Board on the terms and conditions that the Minister determines.

SECTION 42-50  

42-50   Disclosure of interests to the Minister  

A member of the *AEA Advisory Board must give written notice to the Minister of any direct or indirect pecuniary interest that the member has or acquires and that conflicts or could conflict with the proper performance of the member's functions.

SECTION 42-55   Disclosure of interests to the AEA Advisory Board  

42-55(1)    
A member of the *AEA Advisory Board who has an interest, pecuniary or otherwise, in relation to either of the following must disclose the nature of the interest to a meeting of the AEA Advisory Board:

(a)    a decision by the AEA Advisory Board to recommend, or not recommend, approval of a grant under the *Australia's Economic Accelerator program;

(b)    another matter being considered or about to be considered by the AEA Advisory Board.

42-55(2)    
The disclosure must be made as soon as possible after the relevant facts have come to the member's knowledge.

42-55(3)    
The disclosure must be recorded in the minutes of the meeting of the *AEA Advisory Board.

42-55(4)    
Unless the *AEA Advisory Board determines otherwise, the member:

(a)    must not be present during any deliberation by the AEA Advisory Board on the matter; and

(b)    must not take part in any decision of the AEA Advisory Board with respect to the matter.

42-55(5)    
For the purposes of making a determination under subsection (4), the member:

(a)    must not be present during any deliberation of the *AEA Advisory Board for the purpose of making the determination; and

(b)    must not take part in making the determination.

42-55(6)    
A determination under subsection (4) must be recorded in the minutes of the meeting of the *AEA Advisory Board.

SECTION 42-60   Resignation  

42-60(1)    
A member of the *AEA Advisory Board may resign the member's appointment by giving the Minister a written resignation.

42-60(2)    
The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

SECTION 42-65  

42-65   Termination  

The Minister may terminate the appointment of a member of the *AEA Advisory Board for misbehaviour, or if any of the following applies:

(a)    the member is unable to perform the duties of the member's office because of physical or mental incapacity;

(b)    the member:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) compounds with the member's creditors; or

(iv) makes an assignment of the member's remuneration for the benefit of the member's creditors;

(c)    the member is absent, except on leave of absence, from 3 consecutive meetings of the AEA Advisory Board;

(d)    the member fails, without reasonable excuse, to comply with section 42-50 or 42-55 (which deal with the disclosure of interests).

SECTION 42-70  

42-70   Other terms and conditions  

A member of the *AEA Advisory Board holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.

Subdivision 42-C - Priority managers  

SECTION 42-75   Priority managers  

42-75(1)    
The Secretary may, on behalf of the Commonwealth, engage persons to be known as priority managers:

(a)    to perform any functions conferred by the Other Grants Guidelines on priority managers in relation to the *Australia's Economic Accelerator program; and

(b)    to provide technical and specialist advisory services to assist the *AEA Advisory Board in performing any functions conferred by the Guidelines on the Board in relation to the Australia's Economic Accelerator program.

42-75(2)    
The persons are to be engaged on the terms and conditions that the Secretary determines.

PART 2-4 - COMMONWEALTH SCHOLARSHIPS  

Division 46 - Commonwealth scholarships  

SECTION 46-1  

46-1   What this Part is about  

Grants for scholarships are made to higher education providers who pay the scholarships to students for the purposes of the students' education. Certain scholarships may be paid directly to students.

Note:

This Part does not apply to Table C providers: see section 5-1.

SECTION 46-5  

46-5   The Commonwealth Scholarships Guidelines  
*Commonwealth scholarships are also dealt with in the Commonwealth Scholarships Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note:

The Commonwealth Scholarships Guidelines are made by the Minister under section 238-10.

SECTION 46-10  

46-10   Classes of Commonwealth scholarships  

There are 3 classes of *Commonwealth scholarships:

(a) directly-paid standard scholarships; and

(aa) indirectly-paid standard scholarships; and

(b) postgraduate research scholarships.

Note:

The Commonwealth Scholarships Guidelines set out the kinds of scholarships in each class.

SECTION 46-13  

46-13   Eligibility of students to receive directly-paid standard Commonwealth scholarships  

If:

(a) the Commonwealth Scholarships Guidelines provide for a particular kind of directly-paid standard *Commonwealth scholarship; and

(b) those guidelines set out eligibility requirements for that kind of scholarship; and

(c) a student of:

(i) a *Table A provider; or

(ii) a higher education provider to which subparagraph 30-1(1)(b)(i) applies;

satisfies those eligibility requirements; and

(d) the student is selected by the provider to receive that kind of scholarship; and

(e) the selection is in accordance with a selection policy maintained by that provider; and

(f) the selection policy complies with the requirements set out in the Commonwealth Scholarships Guidelines;the student is entitled to receive from the Commonwealth that kind of directly-paid standard Commonwealth scholarship.

SECTION 46-15   Eligibility of higher education providers to receive grants for certain Commonwealth scholarships  

46-15(1)    

*Table A providers, and higher education providers to which subparagraph 30-1(1)(b)(i) applies, are eligible to receive a grant from the Commonwealth to pay, as a benefit to students, indirectly-paid standard *Commonwealth scholarships to their students.

46-15(2)    
*Table A providers and *Table B providers are eligible to receive a grant from the Commonwealth to pay, as a benefit to students, postgraduate research *Commonwealth scholarships to their students.

46-15(3)    
A provider that is eligible to receive a grant under subsection (1) or (2) is an eligible scholarship provider .

SECTION 46-20   Other matters relating to Commonwealth scholarships  

46-20(1)    
The Commonwealth Scholarships Guidelines may provide for *Commonwealth scholarships.

46-20(1A)    

Without limiting subsection (1), the Commonwealth Scholarships Guidelines may provide for the following matters in relation to directly-paid standard *Commonwealth scholarships:

(a)    the kinds of scholarships that are to be directly-paid standard Commonwealth scholarships;

(b)    the eligibility requirements for each kind of scholarship;

(c)    how the amounts of scholarships are to be determined;

(d)    the indexation of amounts of scholarships, using the method of indexation set out in Part 5-6;

(e)    how scholarships are to be paid;

(f)    the conditions that apply to a particular kind of scholarship;

(g)    the amount, being part of the amount referred to in section 46-40 for a year, that will be spent on each kind of scholarship in that year;

(h)    the indexation of such an amount for subsequent years, using the method of indexation set out in Part 5-6;

(i)    the maximum number of students that a particular higher education provider can select to receive a particular kind of scholarship for a particular year;

(j)    requirements to be complied with by selection policies maintained by higher education providers;

(k)    information that higher education providers are to give the Minister.

Other Commonwealth scholarships

46-20(2)    

Without limiting subsection (1), the Commonwealth Scholarship Guidelines may provide for the following matters in relation to indirectly-paid standard *Commonwealth scholarships and postgraduate research Commonwealth scholarships:

(a)    

the kinds of scholarships that are to be indirectly-paid standard Commonwealth scholarships;

(b)    

the kinds of scholarships that are to be postgraduate research Commonwealth scholarships;

(c)    which students are eligible for each kind of scholarship;

(e)    the conditions that apply to each kind of scholarship;

(f)    how the amounts of grants to an *eligible scholarship provider are to be determined;

(g)    the amount, being part of the amount referred to in section 46-40 for a year, that will be spent on each kind of scholarship in that year;

(h)    the indexation of such an amount for subsequent years, using the method of indexation set out in Part 5-6;

(i)    how grants to providers are to be made;

(j)    how providers are to determine the amount of each scholarship;

(k)    the indexation of amounts of scholarships, using the method of indexation set out in Part 5-6;

(l)    how providers are to pay scholarships;

(m)    

information that providers are to give the Minister, the *Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997);

(n)    

information that providers are to give to:

(i) the Repatriation Commission; or

(ii) the Military Rehabilitation and Compensation Commission; or

(iii) the Secretary, or an employee, of the Department administered by the Minister who administers the Veterans' Entitlements Act 1986; or

(iv) the Secretary, or an employee, of the Department administered by the Minister who administers the Military Rehabilitation and Compensation Act 2004.

SECTION 46-25  

46-25   Condition of grants  

It is a condition of a grant to a higher education provider under this Part that the higher education provider to whom the grant is payable must meet the *quality and accountability requirements.

SECTION 46-30  

46-30   Amounts payable under this Part  
The amount that is payable under this Part to an *eligible scholarship provider is the amount worked out in accordance with the Commonwealth Scholarships Guidelines.

SECTION 46-35   Rollover of grant amounts  

46-35(1)    

If a higher education provider to which a grant (the original grant ) under this Part has been made in respect of a year fails to spend an amount (the unspent amount ) of the grant before the end of the year, then:

(a)    unless paragraph (b) applies - the unspent amount is taken to be granted to the provider under this Part in respect of the next following year; or

(b)    if the *Secretary specifies an amount (not greater than the unspent amount) in relation to the provider and the original grant in a determination under subsection (1A) - the specified amount is taken to be granted to the provider under this Part in respect of the next following year.

46-35(1A)    

The *Secretary may, in writing, make a determination for the purposes of paragraph (1)(b) specifying an amount in relation to a higher education provider and a grant.

46-35(2)    

The amount taken to be granted under subsection (1) is taken to be granted:

(a)    under the same conditions as the conditions of the original grant - except the grant is taken to be made in respect of the next following year; or

(b)    under such other conditions as are determined by the *Secretary.

46-35(3)    

Subsection (1) does not apply to a higher education provider in relation to a grant if the *Secretary specifies the provider in relation to the grant in a determination under subsection (4).

46-35(4)    

The *Secretary may, in writing, make a determination for the purposes of subsection (3) specifying a higher education provider in relation to a grant.

46-35(5)    

A determination under subsection (1A) or (4) is not a legislative instrument.

SECTION 46-40  

46-40   Maximum payments for Commonwealth scholarships  

46-40(1)    
The total payments made under this Part in respect of a year referred to in the table must not exceed the amount specified next to that year in the table.

Maximum payments for Commonwealth Scholarships
Item	Year	Amount
1	2004	$124,212,000
2	2005	$151,452,000
3	2006	$179,733,000
4	2007	$209,569,000
5	2008	$239,305,000
6	2009	$290,104,000
7	2010	$304,553,000
8	2011	$316,212,000
9	2012	$319,056,000
10	2013	(a) if paragraph (b) does not apply-$300,217,000; or (b) if the Minister determines an amount under subsection (2) in respect of 2013-that amount
11	2014	(a) if paragraph (b) does not apply-$305,166,000; or (b) if the Minister determines an amount under subsection (2) in respect of 2014-that amount
12	2015	(a) if paragraph (b) does not apply-$307,456,000; or (b) if the Minister determines an amount under subsection (2) in respect of 2015-that amount
13	2016	(a) if paragraph (b) does not apply-$307,329,000; or (b) if the Minister determines an amount under subsection (2) in respect of 2016-that amount
14	2017 and each later year	The amount determined by the Minister under subsection (3) in respect of that year

46-40(2)    

The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2013 but before 1 January 2017.

46-40(3)    

The Minister must, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2017.

46-40(4)    

A determination under subsection (3) for a year must be made before the start of that year.

46-40(5)    

The Minister may, in writing, vary a determination under subsection (2) or (3) for a year at any time before the end of that year.

PART 2-5 - REDUCTION AND REPAYMENT OF GRANTS  

Division 51 - Introduction  

SECTION 51-1  

51-1   What this Part is about  

Bodies may have their grants reduced, or be required to repay a grant, for breaches of conditions of grants under Part 2-2, 2-2A, 2-3 or 2-4.

Note:

This Part does not apply to Table C providers: see section 5-1.

SECTION 51-5  

51-5   The Reduction and Repayment Guidelines  
(Repealed by No 93 of 2020)

Division 54 - In what circumstances may a grant be reduced or required to be repaid?  

SECTION 54-1   Decision as to reduction or repayment of a grant  

54-1(1)    
The Minister may determine:

(a) that an amount of a grant made, or to be made, to a body under Part 2-2, 2-2A, 2-3 or 2-4 is to be reduced; or

(b) that an amount of a grant made to a body under Part 2-2, 2-2A, 2-3 or 2-4 is to be repaid to the Commonwealth.

54-1(2)    
The Minister may make a determination under subsection (1) if:

(a) the body breaches a condition of a grant made to the body under Part 2-2, 2-2A, 2-3 or 2-4, whether or not that grant is the grant to be reduced or repaid; an

(b) the Minister is satisfied that it is appropriate to take that action (see section 54-5); and

(c) the Minister complies with the requirements of Division 60.

SECTION 54-5  

54-5   Appropriateness of requiring reduction or repayment of grant  
Without limiting the matters that the Minister may consider in deciding whether it is appropriate under subsection 54-1(1) to take particular action, the Minister may consider any or all of the following matters:

(a) whether the breach is of a minor or major nature;

(b) whether the breach has occurred before and, if so, how often;

(ba) if the breach is a breach of a condition imposed under section 19-37 - the amount of any adjustment under section 33-37 in relation to that breach, or any other breach by the body, during the same year;

(c) if the body is a higher education provider-the impact that the breach may have on the body's students;

(d) if the body is a higher education provider - the impact of the breach on the higher education provided by the body;

(e) the impact of the breach on Australia's reputation as a provider of high quality higher education;

(f) (Repealed by No 93 of 2020)

Division 57 - What is the amount of a reduction or repayment?  

SECTION 57-1  

57-1   Reduction in amount of grants  

If an amount of a grant is to be reduced under this Part, it must be reduced by an amount determined by the Minister in writing.

57-1(2)    
(Repealed by No 93 of 2020)

SECTION 57-5   Amount of the repayment  

57-5(1)    
If an amount of a grant is to be repaid under this Part, the amount to be repaid is the amount that the Minister determines in writing.

57-5(2)    
The amount to be repaid must not exceed the amount of the grant.

57-5(3)    
(Repealed by No 93 of 2020)

57-5(4)    
The amount to be repaid is a debt owed to the Commonwealth by the body to which the grant was paid.

Division 60 - How are decisions reducing a grant or requiring repayment of a grant made?  

SECTION 60-1   Procedure prior to decision  

60-1(1)    
Before making a decision under paragraph 54-1(a) or (b) in respect of a body, the Minister must give to the body notice in writing:

(a) stating that the Minister is considering reducing the body's grant, or requiring the repayment of a grant made to the body, as the case may be; and

(b) stating the amount of the proposed reduction or repayment and the reasons why the Minister is considering taking that action; and

(c) inviting the body to make written submissions to the Minister within 28 days on either or both of the following matters:

(i) why that action should not be taken;

(ii) why the amount of the proposed reduction or repayment should be reduced; and

(d) informing the body that, if no submission is received under paragraph (c) within the time required, the action will take effect on the day after the last day for making submissions.

60-1(2)    
In deciding whether to take the action, the Minister must consider any submissions received from the body within the 28 day period.

SECTION 60-5   Notification of decision  

60-5(1)    
The Minister must notify the body in writing of his or her decision on whether or not to take the action. The notice:

(a) must be in writing; and

(b) if a submission was received from the body within the 28 day period - must specify the day that the decision is to take effect; and

(c) must be given within the period of 28 days following the period in which submissions may have been given to the Minister under subsection 60-1(1).

60-5(2)    
If no notice is given within the period provided for in paragraph (1)(c), the Minister is taken to have decided not to take the action.

SECTION 60-10  

60-10   When a decision takes effect  
If the Minister's decision is to take the action, the decision takes effect:

(a) if no submission was made under subsection 60-1(1) - on the day after the last day for making submissions; or

(b)if such a submission was made - on the day specified in the notice under subsection 60-5(1).

Chapter 3 - Assistance to students  

Division 65 - Introduction  

SECTION 65-1  

65-1   What this Chapter is about  

This Chapter deals with a person's Student Learning Entitlement and provides for 5 kinds of assistance that the Commonwealth provides to students.

Note:

The Commonwealth meets all or part of the higher education costs of students who are enrolled in places funded under Part 2-2.

A person may be entitled to HECS-HELP assistance for a unit of study for which the person is a Commonwealth supported student if, among other things, the unit is covered by the person's Student Learning Entitlement. Part 3-1 deals with a person's Student Learning Entitlement.

The 5 kinds of assistance available under this Chapter are:

• HECS-HELP assistance - assistance to meet a student's liability to pay student contribution amounts for units of study that are Commonwealth supported (see Part 3-2);

• FEE-HELP assistance-assistance to meet a student's liability to pay tuition fees for units of study that are not Commonwealth supported (see Part 3-3);

• OS-HELP assistance - assistance to a student who, as part of his or her course of study, is to undertake study overseas (see Part 3-4);

• SA-HELP assistance - assistance to a student on whom a student services and amenities fee is imposed (see Part 3-5); and

• STARTUP-HELP assistance - assistance to a student undertaking an accelerator program course (see Part 3-7).

The Commonwealth pays the assistance to the relevant higher education provider either (in the case of HECS-HELP assistance, FEE-HELP assistance, SA-HELP assistance and STARTUP-HELP assistance) to discharge the student's liability, or (in the case of OS-HELP assistance) to pay to students on the Commonwealth's behalf.

The assistance is (in most cases) in the form of a loan from the Commonwealth to the student.

Note:

Chapter 4 deals with the repayment of loans made under this Chapter.

PART 3-1 - STUDENT LEARNING ENTITLEMENT  

Division 70 - Introduction  

SECTION 70-1  

70-1   What this Part is about  

A person may be entitled to HECS-HELP assistance for a unit of study for which the person is a Commonwealth supported student if, among other things, the unit is covered by the person's Student Learning Entitlement.

Broadly speaking, a person will start with an SLE amount that is equivalent to 7 years of full-time study. However, the person's SLE amount may be added to for the purposes of certain courses of study or in certain circumstances.

A person's SLE amount is reduced as the person undertakes units of study as a Commonwealth supported student. A unit of study undertaken as part of an enabling course does not reduce the person's SLE amount. The person's SLE amount may also be re-credited in certain circumstances.

SECTION 70-5  

70-5   The Student Learning Entitlement Guidelines  

*Student Learning Entitlement is also dealt with in the Student Learning Entitlement Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note:

The Student Learning Entitlement Guidelines are made by the Minister under section 238-10.

Division 73 - Student Learning Entitlement and SLE amount  

SECTION 73-1   Student Learning Entitlement and SLE amount  

73-1(1)    
A person's Student Learning Entitlement is an entitlement that consists of:

(a)    *ordinary SLE that the person has; and

(b)    any *additional SLE that the person has; and

(c)    any *lifelong SLE that the person has.

73-1(2)    
A person's SLE amount at a particular time is the sum of the following amounts:

(a)    the amount of *ordinary SLE that the person has under subsection 73-5(3);

(b)    the amount of any *additional SLE that the person has under subsection 73-10(3);

(c)    the amount of any *lifelong SLE that the person has under subsection 73-15(3);

taking into account any reduction that has occurred before that time under Division 76 and any re-crediting that has occurred before that time under amount Division 79.

SECTION 73-5   Ordinary SLE  

Persons who have ordinary SLE

73-5(1)    
If a person is an *eligible person on 1 January 2022, the person has, on that day, ordinary SLE.

73-5(2)    
If a person becomes (by birth or otherwise) an *eligible person on a day after 1 January 2022, the person has, on the earliest such day, ordinary SLE.

Amount of ordinary SLE

73-5(3)    
The amount of *ordinary SLE that the person has on the day referred to in subsection (1) or (2) (as the case may be) is an amount equal to 7 *EFTSL.

Eligible person

73-5(4)    
An eligible person is:

(a)    an Australian citizen; or

(b)    a citizen of New Zealand; or

(c)    a *permanent visa holder.

SECTION 73-10   Additional SLE  

73-10(1)    

A person has additional SLE if:

(a)    the person is enrolled in a *course of study with a higher education provider; and

(b)    the course is specified, or is a course of a kind specified, in the Student Learning Entitlement Guidelines for the purposes of this paragraph; and

(c)    the person meets any other requirements specified in the Student Learning Entitlement Guidelines.

73-10(2)    
The person has *additional SLE on the day that the person enrols in the *course of study.

73-10(3)    
The amount of *additional SLE that the person has on that day is an amount (expressed in *EFTSL) worked out in accordance with the Student Learning Entitlement Guidelines.

SECTION 73-15   Lifelong SLE  

73-15(1)    
A person has lifelong SLE in the circumstances specified in the Student Learning Entitlement Guidelines.

73-15(2)    
The person has *lifelong SLE on the day specified in the Student Learning Entitlement Guidelines.

73-15(3)    
The amount of *lifelong SLE that a person has on that day is an amount (expressed in *EFTSL) worked out in accordance with the Student Learning Entitlement Guidelines.

SECTION 73-20  

73-20   Student Learning Entitlement is not transferable  

A person's *Student Learning Entitlement cannot be transferred to, or used by, another person.

SECTION 73-22  

73-22   Life long SLE  
(Repealed by No 104 of 2011)

SECTION 73-25   Ceasing to be an eligible person  

73-25(1)    
A person ceases to have *Student Learning Entitlement if the person ceases to be an *eligible person.

73-25(2)    
If a person who ceased to be an *eligible person at a particular time (the cessation time ) becomes an eligible person again at a later time, the person has, at that later time, the same *SLE amount (if any) that the person had at the cessation time.

SECTION 73-30  

73-30   Ceasing to be an eligible person  
(Repealed by No 104 of 2011)

Division 76 - Reduction of a person's SLE amount  

SECTION 76-1   Reduction of a person's SLE amount  

76-1(1)    
A higher education provider must, on the *Secretary's behalf, reduce a person's *SLE amount at a particular time if:

(a)    

the person enrolled in a unit of study as part of a *course of study (other than an *enabling course) with the provider; and

(b)    at the end of the *census date for the unit, the person remained so enrolled; and

(c)    the person is a *Commonwealth supported student in relation to the unit; and

(d)    

the unit is not:

(i) an *ineligible work experience unit for the person; or

(ii) a *replacement unit; and

(e)    the person has, on or before the census date for the unit, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to:

(i) the unit; or

(ii) where the course of study of which the unit forms a part is undertaken with the provider - the course of study.

Note:

A person's SLE amount must be re-credited in certain circumstances: see Division 79.

76-1(2)    
The amount of the reduction is an amount equal to the *EFTSL value of the unit of study.

76-1(3)    
The reduction takes effect immediately after the *census date for the unit of study.

76-1(4)    
If a higher education provider reduces a person's *SLE amount at a particular time under subsection (1), the provider must, in accordance with the Student Learning Entitlement Guidelines and on the *Secretary's behalf, reduce any one or more of the following amounts to take account of the reduction under that subsection:

(a)    an amount of *ordinary SLE (if any) that the person has at that time;

(b)    an amount of *additional SLE (if any) that the person has at that time;

(c)    an amount of *lifelong SLE (if any) that the person has at that time.

76-1(5)    

If a higher education provider is unable to act for the purposes of subsection (1) or (4), the *Secretary may act as if any one or more of the references in that subsection to the provider were a reference to the Secretary.

SECTION 76-5  

76-5   Reducing a person's additional SLE  
(Repealed by No 104 of 2011)

SECTION 76-10  

76-10   Reducing a person's life long SLE  
(Repealed by No 104 of 2011)

Division 79 - Re-crediting a person's SLE amount  

Subdivision 79-A - Re-crediting a person's SLE amount in special circumstances  

SECTION 79-1A  

79-1A   Application of this Subdivision  
(Repealed by No 104 of 2011)

SECTION 79-1   Re-crediting a person's SLE amount if special circumstances apply to the person  

79-1(1)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *SLE amount at a particular time with an amount equal to the *EFTSL value of a unit of study if:

(a)    the person has been enrolled in the unit with the provider; and

(b)    the unit would, if completed, form part of a *course of study undertaken with that provider or another higher education provider; and

(c)    the unit is not:

(i) an *ineligible work experience unit for the person; or

(ii) a *replacement unit; and

(d)    the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and

(e)    

one or more *up-front payments have been made in relation to the unit and the amount of that payment, or the sum of those payments, is equal to 100% of the person's *student contribution amount for the unit; and

(f)    the provider is satisfied that special circumstances apply to the person (see section 79-5); and

(g)    the person applies, in writing, to the provider for the re-crediting of the person's SLE amount; and

(h)    either:

(i) the application is made before the end of the application period for the application under section 79-10; or

(ii) the provider waives the requirement that the application be made before the end of that period on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

Note:

It is a condition of a grant to the provider under Part 2-2 that the provider repay certain amounts relating to the unit: see section 36-24BA.

79-1(2)    

If a higher education provider re-credits a person's *SLE amount at a particular time under subsection (1), the provider must, in accordance with the Student Learning Entitlement Guidelines and on the *Secretary's behalf, re-credit any one or more of the following amounts to take account of the re-credit under that subsection:

(a)    an amount of *ordinary SLE (if any) that the person has at that time;

(b)    an amount of *additional SLE (if any) that the person has at that time;

(c)    an amount of *lifelong SLE (if any) that the person has at that time.

Note:

A refusal to re-credit one or more of those amounts is reviewable under Part 5-7.

79-1(3)    
If a higher education provider is unable to act for any one or more of the purposes of subsection (1) or (2), or section 79-5, 79-10 or 79-15, the *Secretary may act as if any one or more of the references in those provisions to the provider were a reference to the Secretary.

SECTION 79-5   Special circumstances  

79-5(1)    

For the purposes of paragraph 79-1(1)(f), special circumstances apply to a person who made an application under paragraph 79-1(1)(g) for the re-crediting of the person's *SLE amount if, and only if, the higher education provider receiving the application is satisfied that circumstances apply to the person that:

(a)    are beyond the person's control; and

(b)    do not make their full impact on the person until on or after the *census date for the unit of study in question; and

(c)    make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.

79-5(2)    
The Student Learning Entitlement Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (1)(a), (b) or (c). A decision of a higher education provider under subsection (1) must be in accordance with any such guidelines.

SECTION 79-10   Application period  

79-10(1)    
If:

(a)    

the person who applied under paragraph 79-1(1)(g) for the re-crediting of the person's *SLE amount with an amount equal to the *EFTSL value of a unit of study has withdrawn the person's enrolment in the unit with a higher education provider; and

(b)    the provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

79-10(2)    
If subsection (1) does not apply, the application period for an application made under paragraph 79-1(1)(g) is the period of 12 months after the end of the period during which the applicant undertook, or was to undertake, the unit of study.

SECTION 79-15   Dealing with applications  

79-15(1)    
If:

(a)    an application is made to a higher education provider under paragraph 79-1(1)(g) before the end of the application period for the application under section 79-10; or

(b)    a higher education provider waives the requirement that an application made to the provider under that paragraph be made before the end of that period on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

the provider must, as soon as practicable, consider the application and notify the applicant of the decision on the application.

79-15(2)    
The notice must include a statement of the reasons for the decision.

Note:

Refusals of applications are reviewable under Part 5-7.

Subdivision 79-B - Re-crediting a person's SLE amount if the person's HELP balance is re-credited  

SECTION 79-20   Re-crediting a person's SLE amount if the person's HELP balance is re-credited  

79-20(1)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *SLE amount at a particular time with an amount equal to the *EFTSL value of a unit of study if the person's *HELP balance is re-credited under any of the following provisions with an amount equal to the amount of *HECS-HELP assistance that the person received for the unit of study:

(a)    subsection 97-25(2) (which deals with the main case of re-crediting a person's HELP balance);

(b)    subsection 97-27(1) (which deals with the re-crediting of a person's HELP balance if the person does not have a tax file number);

(c)    subsection 97-42(1) (which deals with the re-crediting of a person's HELP balance if a higher education provider defaults);

(d)    subsection 97-45(1) (which deals with the re-crediting of a person's HELP balance if a higher education provider completes a *request for Commonwealth assistance);

(e)    subsection 97-50(1) (which deals with the re-crediting of a person's HELP balance if the person was not entitled to assistance).

79-20(2)    

If a higher education provider re-credits a person's *SLE amount at a particular time under subsection (1), the provider must, in accordance with the Student Learning Entitlement Guidelines and on the *Secretary's behalf, re-credit any one or more of the following amounts to take account of the re-credit under that subsection:

(a)    an amount of *ordinary SLE (if any) that the person has at that time;

(b)    an amount of *additional SLE (if any) that the person has at that time;

(c)    an amount of *lifelong SLE (if any) that the person has at that time.

79-20(3)    
If a higher education provider is unable to act for the purposes of subsection (1) or (2), the *Secretary may act as if any one or more of the references in that subsection to the provider were a reference to the Secretary.

Subdivision 79-C - Students without tax file numbers  

SECTION 79-25  

79-25   Re-crediting a person's SLE - no tax file number  
(Repealed by No 104 of 2011)

Division 82 - Unit of study covered by a person's Student Learning Entitlement  

SECTION 82-1   Unit of study covered by a person's Student Learning Entitlement - person's SLE amount not exceeded at enrolment  

Person enrolled in one unit of study only

82-1(1)    
A unit of study is covered by a person's Student Learning Entitlement if:

(a)    the person enrolled in the unit (the relevant unit ) as a part of a *course of study with a higher education provider; and

(b)    at the time of that enrolment, the person had not enrolled in any other units of study as a part of that course, or as a part of another course of study, with that provider or with another higher education provider that have *census dates that will occur after that time; and

(c)    the *EFTSL value of the relevant unit does not exceed the person's *SLE amount as at that time; and

(d)    if:

(i) the person's SLE amount as at that time includes an amount of *additional SLE in relation to a particular course of study; and

(ii) the EFTSL value of the relevant unit exceeds the amount worked out by subtracting that amount of additional SLE from the person's SLE amount as at that time;

the person enrolled in the relevant unit as a part of that particular course of study.

Person enrolled in more than one unit of study

82-1(2)    
A unit of study is covered by a person's Student Learning Entitlement if:

(a)    the person enrolled in the unit (the relevant unit ) as a part of a *course of study with a higher education provider; and

(b)    at the time of that enrolment, the person had also enrolled in one or more other units of study as a part of that course, or as a part of another course of study, with that provider or with another higher education provider; and

(c)    those other units have *census dates that will occur after that time; and

(d)    the person is a *Commonwealth supported student in relation to each of those other units; and

(e)    the sum of the following does not exceed the person's *SLE amount as at that time:

(i) the *EFTSL value of the relevant unit;

(ii) the sum of the EFTSL values of each of those other units; and

(f)    if:

(i) the person's SLE amount as at that time includes an amount of *additional SLE in relation to a particular course of study; and

(ii) the EFTSL value of the relevant unit exceeds the amount worked out by subtracting that amount of additional SLE from the person's SLE amount as at that time;

the person enrolled in the relevant unit as a part of that particular course of study.

SECTION 82-5   Unit of study covered by a person's Student Learning Entitlement - person's SLE amount exceeded at enrolment  

82-5(1)    
This section applies if:

(a)    the person enrolled in unit of study (the relevant unit) as a part of a *course of study with a higher education provider (the relevant provider ); and

(b)    at the time of that enrolment (the enrolment time ), the person had also enrolled in one or more other units of study as a part of that course, or as a part of another course of study, with the relevant provider or with another higher education provider; and

(c)    those other units have *census dates that will occur after the enrolment time; and

(d)    the person is a *Commonwealth supported student in relation to each of those other units; and

(e)    the sum of the following exceeds the person's *SLE amount as at the enrolment time:

(i) the *EFTSL value of the relevant unit;

(ii) the sum of the EFTSL values of each of those other units.

82-5(2)    
The relevant unit is covered by a person's Student Learning Entitlement if:

(a)    the person notifies an *appropriate officer of the relevant provider that the person does not wish to be a *Commonwealth supported student in relation to one or more of those other units of study (the excluded units ); and

(b)    the sum of the following does not exceed the person's *SLE amount as at the enrolment time:

(i) the *EFTSL value of the relevant unit;

(ii) the sum of the EFTSL values of each of those other units that are not excluded units; and

(c)    if:

(i) the person's SLE amount as at that time includes an amount of *additional SLE in relation to a particular course of study; and

(ii) the EFTSL value of the relevant unit exceeds the amount worked out by subtracting that amount of additional SLE from the person's SLE amount as at that time;

the person enrolled in the relevant unit as a part of that particular course of study.

82-5(3)    
A notice under paragraph (2)(a) must be given:

(a)    in writing; and

(b)    on or before the *census date for the relevant unit.

SECTION 82-10  

82-10   Additional SLE  
(Repealed by No 104 of 2011)

SECTION 82-15  

82-15   Simultaneous enrolments that exceed a person's SLE  
(Repealed by No 104 of 2011)

PART 3-2 - HECS-HELP ASSISTANCE  

Division 87 - Introduction  

SECTION 87-1  

  What this Part is about  
A student may be entitled to HECS-HELP assistance for units of study for which he or she is Commonwealth supported, if certain requirements are met. The amount of assistance to which the student may be entitled is based on his or her student contribution amounts for the units, less any up-front payments. The assistance is paid to a higher education provider to discharge the student's liability to pay his or her student contribution amounts.

Note 1:

Amounts of assistance under this Part may form part of a person's HELP debts that the Commonwealth recovers under Part 4-2.

Note 2:

This Part does not apply to Table C providers: see section 5-1.

SECTION 87-5  

87-5   The HECS-HELP Guidelines  
*HECS-HELP assistance is also dealt with in the HECS-HELP Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note:

The HECS-HELP Guidelines are made by the Minister under section 238-10.

Division 90 - Who is entitled to HECS-HELP assistance?  

SECTION 90-1  

90-1   Entitlement to HECS-HELP assistance  

A student is entitled to *HECS-HELP assistance for a unit of study in which the student is enrolled with a higher education provider as part of a *course of study if:

(aa)    

the course of study is an *accredited course in relation to the provider; and

(a)    the student meets the citizenship or residency requirements under section 90-5; and

(b)    the *census date for the unit is on or after 1 January 2005; and

(ba)    

the student's *HELP balance is greater than zero; and

(c)    the student is a *Commonwealth supported student in relation to the unit; and

(d) (Repealed by No 104 of 2011)

(e)    the student:

(i) enrolled in the unit on or before the census date for the unit; and

(ii) at the end of the census date, remained so enrolled; and

(f)    

the student *meets the tax file number requirements (see section 187-1); and

(g)    

the student has, on or before the census date, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to the unit or, where the course of study of which the unit forms a part is undertaken with the provider, in relation to the course of study.

Note:

For transitional provisions relating to paragraph (ba), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

SECTION 90-5   Citizenship or residency requirements  

90-5(1)    

A student meets the citizenship or residency requirements under this section in relation to a unit of study if:

(a)    the student is an Australian citizen; or

(b)    

the student:

(i) is a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and

(ii) will be resident in Australia for the duration of the unit.

90-5(2)    

In determining, for the purpose of subparagraph (1)(b)(ii), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:

(a)    cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of that unit; or

(b)    is required for the purpose of completing a requirement of that unit.

90-5(2A)    

A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student:

(a)    

is a New Zealand citizen who will be resident in Australia for the duration of the unit; and

(b)    

either:

(i) holds a special category visa under the Migration Act 1958; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958; and

(c)    

both:

(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (2B) (the test day ); and

(ii) was a *dependent child when he or she first began to be usually resident in Australia; and

(d)    has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

(e)    has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

90-5(2AA)    

In determining, for the purpose of paragraph (2A)(a), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:

(a)    cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of that unit; or

(b)    is required for the purpose of completing a requirement of that unit.

90-5(2B)    

For the purposes of subsection (2A), the day is the earlier of:

(a)    if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that formed part of the same *course of study - the day the student first made such a request; or

(b)    otherwise - the day the student made the request for Commonwealth assistance in relation to the unit.

90-5(3)    

Despite subsections (1), (2) and (2A), a student does not meet the citizenship or residency requirements in relation to a unit of study if the provider reasonably expects that the student will not undertake in Australia any units of study contributing to the *course of study of which the unit forms a part.

SECTION 90-10  

90-10   Students not entitled to HECS-HELP assistance  
(Repealed by No 93 of 2020)

Division 93 - How are amounts of HECS-HELP assistance worked out?  

SECTION 93-1  

93-1   The amount of HECS-HELP assistance for a unit of study  
The amount of *HECS-HELP assistance to which a student is entitled for a unit of study is the difference between:

(a) his or her *student contribution amount for the unit; and

(b) the sum of any *up-front payments made in relation to the unit.

Note:

A lesser amount may be payable because of section 93-20.

SECTION 93-5   Student contribution amounts  

93-5(1)    

A person's student contribution amount for a unit of study is the amount worked out as follows:

The persons's    student contribution amount for a place in the unit

×

The *EFTSL value   of the unit

where the person's student contribution amount for a place in the unit is:

(a) if only one student contribution amount has been determined for places in the unit under subsection 19-87(2) - that student contribution amount; or

(b) if more than one student contribution amount has been determined for places in the unit under that subsection - the student contribution amount determined under that subsection that applies to the person.

93-5(2)    

A person's *student contribution amount for a place in a unit must not exceed the *maximum student contribution amount for a place in the unit that applies in respect of that person.

93-5(3)    

A person's student contribution amount for a unit of study is nil if the person undertakes the unit as part of an *enabling course. This subsection has effect despite subsection (1).

93-5(4)    
If an amount worked out by using the formula in subsection (1) is an amount made up of dollars and cents, round the amount down to the nearest dollar.

SECTION 93-10  

93-10   Maximum student contribution amount for a place  

The maximum student contribution amount for a place in a unit of study is the amount specified in respect of a person in the following table in relation to the *funding cluster in which the unit is included.

Maximum student contribution amounts for a place
Item	For a place in a unit of study included in this funding cluster:	The amount in respect of a non-grandfathered student is:	The amount in respect of a grandfathered student is:
1	Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture	$14,500.	(a) for a place in a unit in Law, Accounting, Administration, Economics or Commerce - $11,355; or (b) for a place in a unit in Communications or Society and Culture - $6,804.
2	Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology or Professional Pathway Social Work	(a) for a place in a unit in Education, Clinical Psychology, English, Mathematics or Statistics - $3,950; or (b) for a place in a unit in Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology or Professional Pathway Social Work - $7,950.	(a) for a place in a unit in Education, Clinical Psychology, English, Mathematics or Statistics - $3,950; or (b) for a place in a unit in Allied Health, Other Health, Built Environment or Computing - $7,950; or (c) for a place in a unit in Visual and Performing Arts, Professional Pathway Psychology or Professional Pathway Social Work - $6,804.
3	Nursing, Indigenous and Foreign Languages, Engineering, Surveying, Environmental Studies, Science	(a) for a place in a unit in Nursing or Indigenous and Foreign Languages - $3,950; or (b) for a place in a unit in Engineering, Surveying, Environmental Studies or Science - $7,950.	(a) for a place in a unit in Nursing or Indigenous and Foreign Languages - $3,950; or (b) for a place in a unit in Engineering, Surveying, Environmental Studies or Science - $7,950.
4	Agriculture, Medicine, Dentistry, Veterinary Science, Pathology	(a) for a place in a unit in Agriculture - $3,950; or (b) for a place in a unit in Medicine, Dentistry or Veterinary Science - $11,300; or (c) for a place in a unit in Pathology - $7,950.	(a) for a place in a unit in Agriculture - $3,950; or (b) for a place in a unit in Medicine, Dentistry or Veterinary Science - $11,300; or (c) for a place in a unit in Pathology - $7,950.

Note 1:

The Commonwealth Grant Scheme Guidelines may specify how to determine the funding cluster, or the part of a funding cluster, in which units of study are included or the particular funding cluster, or the particular part of a particular funding cluster, in which a particular unit of study is included: see section 33-35.

Note 2:

Maximum student contribution amounts for places are indexed under Part 5-6.

SECTION 93-15   Up-front payments  

93-15(1)    

An up-front payment , in relation to a unit of study for which a person is liable to pay his or her *student contribution amount, is a payment of all or part of the student's student contribution amount for the unit, other than a payment of *HECS-HELP assistance under this Part.

93-15(2)    
The payment must be made on or before the *census date for the unit.

93-15(3)    
(Repealed by No 64 of 2022)

SECTION 93-20   Amounts of HECS-HELP assistance, FEE-HELP assistance and VET FEE-HELP assistance must not exceed the HELP balance  

Amount of HECS-HELP assistance for one unit

93-20(1)    
The amount of *HECS-HELP assistance to which a student is entitled for a unit of study is an amount equal to the student's *HELP balance on the *census date for the unit if:

(a) there is no other:

(i) unit of study, with the same census date, for which the student is entitled to *HECS-HELP assistance; or

(ii) unit of study, with the same census date, for which the student is entitled to *FEE-HELP assistance; or

(iii) *VET unit of study, with the same census date, for which the student is entitled to *VET FEE-HELP assistance; and

(b) the amount of HECS-HELP assistance to which the student would be entitled under section 93-1 for the unit would exceed that HELP balance.

Note 1:

For transitional provisions relating to subparagraph (a)(i), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

Note 2:

The amount of a *VET student loan is limited by reference to the student's HELP balance - see sections 8 and 20 of the VET Student Loans Act 2016. The student's HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student - see section 128-15.

Amount of HECS-HELP assistance for more than one unit

93-20(2)    
If the sum of:

(a) the amount of *HECS-HELP assistance to which a student would be entitled under section 93-1 for a unit of study; and

(b) any other amounts of:

(i) HECS-HELP assistance to which the student would be entitled under that section for other units that have the same *census date as that unit; and

(ii) *FEE-HELP assistance to which the student would be entitled under section 107-1 for other units that have the same census date as that unit; and

(iii) *VET FEE-HELP assistance to which the student would be entitled under clause 52 of Schedule 1A for other units that have the same census date as that unit;

would exceed the student's *HELP balance on the census date for the unit, then, despite subsection (1) of this section, the total amount of HECS-HELP assistance, FEE-HELP assistance and VET FEE-HELP assistance to which the student is entitled for all of those units is an amount equal to that HELP balance.

Example:

Kate has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. The student contribution amount for each unit is $600. There are no up-front payments for the units. The total amount of HECS-HELP assistance to which Kate is entitled for the units is $2,000, even though the total amount of the student contribution amounts for the units is $2,400.

Note 1:

For transitional provisions relating to subparagraph (b)(i), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

Note 2:

The amount of a *VET student loan is limited by reference to the student's HELP balance - see sections 8 and 20 of the VET Student Loans Act 2016. The student's HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student - see section 128-15.

93-20(3)    
If the student referred to in subsection (2) has enrolled in the units with more than one higher education provider or *VET provider, the student must notify each provider of the proportion of the total amount of *HECS-HELP assistance, *FEE-HELP assistance or *VET FEE-HELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.

Division 96 - How are amounts of HECS-HELP assistance paid?  

Note:

Part 5-1 deals generally with payments by the Commonwealth under this Act.

SECTION 96-1  

96-1   Payments to higher education providers  

If a student is entitled to an amount of *HECS-HELP assistance for a unit of study with a higher education provider, the Commonwealth must:

(a)    as a benefit to the student, lend to the student the amount of HECS-HELP assistance; and

(b)    pay to the provider the amount lent in discharge of the student's liability to pay his or her *student contribution amount for the unit.

SECTION 96-2  

96-2   Payments to higher education providers - partial up-front payment of student contribution amount  
(Repealed by No 64 of 2022)

SECTION 96-3  

96-3   Payments to higher education providers - full up-front payment of student contribution amount  
(Repealed by No 64 of 2022)

SECTION 96-5  

96-5   Effect of HELP balance being re-credited  
(Repealed by No 55 of 2021)

SECTION 96-10  

96-10   Implications for student's liability to higher education provider for student contribution amount  

If, under Division 97, a student's *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study, the student is discharged from all liability to pay or account for so much of the student's *student contribution amount for the unit as is equal to that amount.

Division 97 - Re-crediting of HELP balances in relation to HECS-HELP assistance  

SECTION 97-23  

97-23   Purpose  

The purpose of this Division is to set out the circumstances in which a person's *HELP balance is to be re-credited with an amount equal to the amounts of *HECS-HELP assistance that the person has received for a unit of study.

Note:

For transitional provisions relating to this Division, see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

SECTION 97-25   Main case of re-crediting a person's HELPbalance in relation to HECS-HELP assistance  

97-25(1)    
If section 97-42 applies to re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person has received for a unit of study, then this section does not apply in relation to that unit.

97-25(2)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if:

(a) the person has been enrolled in the unit with the provider; and

(b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and

(c) the provider is satisfied that special circumstances apply to the person (see section 97-30); and

(d) the person applies in writing to the provider for re-crediting of the HELP balance; and

(e) either:

(i) the application is made before the end of the application period under section 97-35; or

(ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

97-25(3)    
If the higher education provider is unable to act for one or more of the purposes of subsection (2), or section 97-30, 97-35 or 97-40, the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.

SECTION 97-27   Re-crediting a person's HELP balance in relation to HECS-HELP assistance - no tax file number  

97-27(1)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if:

(a) the person has been enrolled in the unit with the provider; and

(b) subsection 193-5(1) applies to the person in relation to the unit.

97-27(2)    
The *Secretary may re-credit the person's *HELP balance under subsection (1) if the provider is unable to do so.

SECTION 97-30   Special circumstances  

97-30(1)    
For the purposes of paragraph 97-25(2)(c), special circumstances apply to the person if, and only if, the higher education provider receiving the application is satisfied that circumstances apply to the person that:

(a) are beyond the person's control; and

(b) do not make their full impact on the person until on or after the *census date for the unit of study in question; and

(c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.

97-30(2)    
If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 36-21(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.

Note:

The matters referred to in paragraphs 36-21(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying an amount of student contribution or HECS-HELP) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.

SECTION 97-35   Application period  

97-35(1)    
If:

(a) the person applying under paragraph 97-25(2)(d) for the re-crediting of the person's *HELP balance in relation to a unit of study has withdrawn his or her enrolment in the unit; and

(b) the higher education provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

97-35(2)    
If subsection (1) does not apply, the application period for the application is the period of 12 months after the period during which the person undertook, or was to undertake, the unit.

SECTION 97-40  Dealing with applications  

97-40(1)    
If:

(a) the application is made under paragraph 97-25(2)(d) before the end of the relevant application period; or

(b) the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.

97-40(2)    
The notice must include a statement of the reasons for the decision.

Note:

Refusals of applications are reviewable under Part 5-7.

SECTION 97-42   Re-crediting a person's HELP balance in relation to HECS-HELP assistance - provider defaults  

97-42(1)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if:

(a)    the person has been enrolled in the unit with the provider; and

(b)    

the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person and the unit; and

(c)    

Part 5-1A applied to the provider at the time the provider defaulted in relation to the person; and

(d)    

any of the following apply:

(i) the provider identifies, under paragraph 166-25(4)(b) that there is no suitable *replacement unit or *replacement course for the person;

(ii) the person elects, under subparagraph 166-25(7)(a)(iii), to have an amount equal to the amounts of HECS-HELP assistance that the person received for the unit re-credited to the student's HELP balance;

(iii) the *Higher Education Tuition Protection Director decides, under paragraph 166-26B(2)(b) that the Director is not satisfied that there is a suitable replacement course for the person;

(iv) the person elects, under subparagraph 166-26B(4)(a)(iii), to have an amount equal to the amounts of HECS-HELP assistance that the person received for the unit re-credited to the student's HELP balance.

Note:

A HECS-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited: see subsection 137-5(5).

97-42(2)    
The *Secretary may re-credit the person's *HELP balance under subsection (1) if the provider is unable to do so.

SECTION 97-45   Re-crediting a person's HELP balance in relation to HECS-HELP assistance - provider completes request for assistance  

97-45(1)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if the provider completes any part of the *request for Commonwealth assistance in relation to the unit that the person is required to complete.

Note:

A HECS-HELP debt relating to a unit of study is taken to be remitted if the HELP balance in relation to the unit is re-credited under this section: see subsection 137-5(5).

97-45(2)    
The *Secretary may re-credit the person's *HELP balance under this section if the provider is unable to do so.

SECTION 97-50   Re-crediting a person's HELP balance in relation to HECS-HELP assistance - person not entitled to assistance  

97-50(1)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *HECS-HELP assistance that the person received for a unit of study if the provider or the Secretary is satisfied that the person was not entitled to receive HECS-HELP assistance for the unit of study with the provider.

Note 1:

For example, a person is not entitled to HECS-HELP assistance for a unit of study if the person is not a Commonwealth supported student in relation to the unit: see section 90-1.

Note 2:

Subdivision 36-B sets out circumstances in which a higher education provider must not advise a person that the person is a Commonwealth supported student in relation to a unit of study.

Note 3:

A HECS-HELP debt relating to a unit of study is taken to be remitted if the HELP balance in relation to the unit is re-credited under this section: see subsection 137-5(5).

97-50(2)    
The *Secretary may re-credit the person's *HELP balance under subsection (1) if the provider is unable to do so.

PART 3-3 - FEE-HELP ASSISTANCE  

Division 101 - Introduction  

SECTION 101-1  

101-1   What this Part is about  

A student may be entitled to FEE-HELP assistance for units of study for which he or she is not Commonwealth supported, if certain requirements are met.

The amount of assistance to which the student may be entitled is based on his or her tuition fees for the units, but there is a limit on the total amount of assistance that the student can receive. The assistance is paid to a higher education provider or, if the student accesses units through Open Universities Australia, that body, to discharge the student's liability to pay his or her tuition fees.

Note:

Amounts of assistance under this Part may form part of a person's HELP debts that the Commonwealth recovers under Part 4-2.

SECTION 101-5  

101-5   The FEE-HELP Guidelines  
*FEE-HELP assistance is also dealt with in the FEE-HELP Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note:

The FEE-HELP Guidelines are made by the Minister under section 238-10.

Division 104 - Who is entitled to FEE-HELP assistance?  

Subdivision 104-A - Basic rules  

SECTION 104-1   Entitlement to FEE-HELP assistance  

104-1(1)    

Subject to this section and sections 104-1AA, 104-2, 104-3 and 104-4, a student is entitled to *FEE-HELP assistance for a unit of study if:

(a)    the student meets the citizenship or residency requirements under section 104-5; and

(ab)    

(Repealed by No 93 of 2020)

(ac)    

the student has been assessed by the higher education provider as academically suited to undertake the unit concerned; and

(b)    

the student's *HELP balance is greater than zero; and

(c)    the *census date for the unit is on or after 1 January 2005; and

(d)    the student is not a *Commonwealth supported student in relation to the unit; and

(e)    the unit meets the course requirements under section 104-10; and

(f)    

the unit:

(i) is, or is to be, undertaken as part of a *course of study; or

(ii) is a unit access to which was provided by *Open Universities Australia; or

(iii) is part of a *bridging course for overseas-trained professionals; and

(g)    the student:

(i) enrolled in the unit on or before the census date for the unit; and

(ii) at the end of the census date, remained so enrolled; and

(ga)    

if:

(i) subparagraph (f)(i) applies, the census date for the unit is on or after 1 January 2021 and before 1 January 2023 and the student commenced the course of study on or after 1 January 2021; or

(ii) subparagraph (f)(i), (ii) or (iii) applies and the census date for the unit is on or after 1 January 2023;

the student meets the *student identifier requirements under subsection (5); and

(h)    the student *meets the tax file number requirements (see section 187-1); and

(i)    

the student has, on or before the census date:

(i) if access to the unit was provided by Open Universities Australia - completed, signed and given to an *appropriate officer of Open Universities Australia a *request for Commonwealth assistance in relation to the unit; or

(ii) in any other case - completed, signed and given to an appropriate officer of the higher education provider a request for Commonwealth assistance in relation to the unit or, where the course of study of which the unit forms a part is, or is to be, undertaken with the provider, in relation to the course of study.

104-1(1A)    
(Repealed by No 93 of 2020)

104-1(1AA)    

A student is not entitled to *FEE-HELP assistance for a unit of study if the *Secretary determines that the student is not a genuine student in relation to the unit.

104-1(1AB)    

In determining whether a student is a genuine student for the purposes of subsection (1AA), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.

104-1(1AC)    

If a determination under subsection (1AA) is made in writing, the determination is not a legislative instrument.

104-1(1B)    

The assessment for the purposes of paragraph (1)(ac) must be done in accordance with any requirements specified in the Higher Education Provider Guidelines made for the purposes of section 19-42.

104-1(2)    

A student is not entitled to *FEE-HELP assistance for a unit of study if:

(a)    the unit forms a part of a *course of study; and

(b)    the course of study is, or is to be, undertaken by the student primarily at an overseas campus.

104-1(3)    

A student is not entitled to *FEE-HELP assistance for a unit of study provided, or to be provided, by a higher education provider if:

(a)    a limit on the total number of students entitled to FEE-HELP assistance, or on the total amount of FEE-HELP assistance payable to the provider, applies to the provider; and

(b)    provision of FEE-HELP assistance to the student would exceed that limit.

104-1(4)    

A student is not entitled to *FEE-HELP assistance for a unit of study with a higher education provider if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.

When a student meets the student identifier requirements

104-1(5)    

A student meets the *student identifier requirements under this subsection if:

(a)    the student has a student identifier immediately before the census date; and

(b)    before the census date, the student notifies the student's student identifier to:

(i) an *appropriate officer of the higher education provider; and

(ii) the *Secretary.

104-1(6)    

A notification under paragraph (5)(b) may be included in a *request for Commonwealth assistance that the student has given to the higher education provider in relation to:

(a)    the unit of study for which the assistance is sought; or

(b)    the *course of study of which the unit forms a part; or

(c)    any other unit of study forming part of that course.

SECTION 104-1AA   Student has unreasonable study load  

104-1AA(1)    
A student is not entitled to *FEE-HELP assistance for a unit of study (the new unit ) provided, or to be provided, by a higher education provider if the sum of the following amounts is more than 2:

(a)    the *EFTSL value of the new unit;

(b)    the sum of the EFTSL values of each other unit of study:

(i) that has a *census date during the 12 month period ending on the census date for the new unit; and

(ii) for which the person is entitled to *HECS-HELP assistance or *FEE-HELP assistance, or would be so entitled but for the previous operation of this section, or section 36-12, in relation to the other unit of study.

104-1AA(2)    
Subsection (1) does not apply if the higher education provider determines that undertaking the new unit will not impose an unreasonable study load on the person, having regard to:

(a)    whether the person has the demonstrated capacity and capability to successfully complete units of study that have a total EFTSL value of more than 2; and

(b)    the matters (if any) specified by the Higher Education Provider Guidelines for the purposes of this paragraph.

104-1AA(3)    
A decision of a higher education provider under subsection (2) must be in accordance with the Higher Education Provider Guidelines.

104-1AA(4)    
If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.

SECTION 104-1A  

104-1A   Failure by a student to complete previous units with provider  
(Repealed by No 89 of 2023)

SECTION 104-2  

104-2   Failure by a student to complete previous units accessed through Open Universities Australia  

A student is not entitled to *FEE-HELP assistance for a unit of study access to which is provided by *Open Universities Australia if:

(a) the student has already undertaken 8 or more other units of study, access to which was provided by Open Universities Australia; and

(b) the student did not successfully complete at least 50% of those other units.

SECTION 104-3   Failure by Open Universities Australia to comply with FEE-HELP Guidelines etc.  

104-3(1)    

The Minister may determine, by legislative instrument, that there is to be no entitlement to *FEE-HELP assistance for a specified year for units of study to which access is provided by *Open Universities Australia, if the Minister is satisfied that Open Universities Australia has, during the 2 years immediately preceding the specified year, failed to comply with the FEE-HELP Guidelines or with subsection (5).

104-3(2)    
Without limiting the generality of what may be included in the FEE-HELP Guidelines, they may include any or all of the following:

(a) requirements relating to the financial viability of *Open Universities Australia;

(b) requirements relating to the quality of tuition accessed through Open Universities Australia;

(c) requirements relating to fairness in the treatment of persons accessing, or seeking to access, tuition through Open Universities Australia;

(d) requirements relating to compliance with this Act, the regulations and other Guidelines made under this Act;

(e) requirements relating to *tuition fees for units of study accessed through Open Universities Australia;

(f) requirements relating to the provision of information to the Commonwealth by Open Universities Australia that is relevant in any way to the provision of *FEE-HELP assistance to students accessing units of study through Open Universities Australia, or the repayment of the *HELP debts of those students;

(g) administrative requirements of the kinds imposed on higher education providers under Parts 5.2 and 5.3 of this Act.

104-3(3)    
A student is not entitled to *FEE-HELP assistance for a unit of study if:

(a) access to the unit is provided by *Open Universities Australia; and

(b) the Minister has made a determination under subsection (1) in relation to the year during which the unit is accessed; and

(c) the determination was made before 1 July in the year immediately preceding that year.

104-3(5)    

*Open Universities Australia must comply with section 19-37 as if it were a higher education provider.

SECTION 104-4   Failure by Open Universities Australia to set tuition fees and census date  

104-4(1)    

This section applies to a unit of study access to which is provided by *Open Universities Australia during a period ascertained in accordance with the FEE-HELP Guidelines.

Tuition fees

104-4(2)    

*Open Universities Australia must determine, for the unit, one or more *fees that are to apply to students to whom Open Universities Australia provides access to the unit during the period.

104-4(2AA)    

In determining more than one *fee under subsection (2), *Open Universities Australia may have regard to any matters Open Universities Australia considers appropriate, other than matters specified in the FEE-HELP Guidelines as matters to which Open Universities Australia must not have regard.

104-4(2A)    

*Open Universities Australia must not vary a *fee unless Open Universities Australia:

(a) does so:

(i) before the date ascertained in accordance with the FEE-HELP Guidelines; and

(ii) in circumstances specified in the FEE-HELP Guidelines; or

(b) does so with the written approval of the Minister.

104-4(3)    

A fee includes any tuition, examination or other fee payable to *Open Universities Australia by those students in relation to the unit.

104-4(4)    
A fee does not include a fee:

(a) payable in respect of an organisation of students, or of students and other persons; or

(b) payable in respect of the provision to students of amenities or services that are not of an academic nature; or

(c) payable in respect of residential accommodation.

Census date

104-4(5)    

*Open Universities Australia must set a particular date to be the *census date for the unit for the period.

104-4(5A)    

*Open Universities Australia must not vary a *census date unless Open Universities Australia:

(a) does so:

(i) before the date ascertained in accordance with the FEE-HELP Guidelines; and

(ii) in circumstances specified in the FEE-HELP Guidelines; or

(b) does so with the written approval of the Minister.

Consequence of failure to set tuition fees and census date

104-4(6)    

If *Open Universities Australia does not:

(a) determine a *fee in accordance with subsection (2) for the unit for the period; or

(b) determine a *census date in accordance with subsection (5) for the unit for the period;

no student to whom Open Universities Australia provides access to the unit for that period is entitled to *FEE-HELP assistance for the unit.

SECTION 104-5   Citizenship or residency requirements  

104-5(1)    

A student meets the citizenship or residency requirements under this section in relation to a unit ofstudy if:

(a)    the student is an Australian citizen; or

(b)    

the student:

(i) is a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and

(ii) will be resident in Australia for the duration of the unit; or

(c)    in the case of a student who is undertaking, or is to undertake, the unit as part of a *bridging course for overseas-trained professionals - the student is a *permanent visa holder who will be resident in Australia for the duration of the unit.

104-5(2)    

In determining, for the purpose of subparagraph (1)(b)(ii) or paragraph (1)(c), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:

(a)    cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or

(b)    is required for the purpose of completing a requirement of that unit.

104-5(2A)    

A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student:

(a)    

is a New Zealand citizen who will be resident in Australia for the duration of the unit; and

(b)    

either:

(i) holds a special category visa under the Migration Act 1958; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958; and

(c)    both:

(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (2B) (the test day ); and

(ii) was a *dependent child when he or she first began to be usually resident in Australia; and

(d)    has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

(e)    has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

104-5(2AA)    

In determining, for the purpose of paragraph (2A)(a), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:

(a)    cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of that unit; or

(b)    is required for the purpose of completing a requirement of that unit.

104-5(2B)    

For the purposes of subsection (2A), the day is the earlier of:

(a)    if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that formed part of the same *course of study - the day the student first made such a request; or

(b)    otherwise - the day the student made the request for Commonwealth assistance in relation to the unit.

104-5(3)    

Despite subsections (1), (2) and (2A), a student does not meet the citizenship or residency requirements in relation to a unit of study if the provider reasonably expects that the student will not undertake in Australia any units of study contributing to the *course of study, or the *bridging course for overseas-trained professionals, of which the unit forms a part.

104-5(4)    

Despite subsections (1), (2) and (2A), a student does not meet the citizenship or residency requirements in relation to a unit of study to which access was provided by *Open Universities Australia if the student was not resident in Australia on the day the student gave the *request for Commonwealth assistance in relation to the unit as referred to in subparagraph 104-1(1)(i)(i).

SECTION 104-10   Course requirements  

104-10(1)    
The course requirements for *FEE-HELP assistance for a unit of study are that:

(a)    if the unit is being undertaken as part of a *course of study, the course is not a course that:

(i) is subject to a determination under subsection (2); or

(ii) is with a higher education provider that is subject to a determination under subsection (2); and

(b)    

if the unit is being undertaken as part of a course of study with a higher education provider:

(i) the course of study is an *accredited course in relation to the provider; or

(ia) the course of study is a *microcredential course; or

(ii) if the provider is a *self-accrediting entity - the course of study is an *enabling course.

104-10(2)    

The Minister may, by legislative instrument, determine that:

(a)    a specified course provided by a specified higher education provider is a course in relation to which *FEE-HELP assistance is unavailable; or

(b)    all courses provided by a specified higher education provider are courses in relation to which FEE-HELP assistance is unavailable.

104-10(3)    
In deciding whether to make a determination under subsection (2), the Minister must have regard to the effect of the determination on students undertaking the course or courses.

104-10(4)    
(Repealed by No 83 of 2017)

SECTION 104-12  

104-12   Secretary may act if provider is unable to  

If a higher education provider is unable to act for the purposes of subsection 104-1AA(2), the *Secretary may act as if one or more of the references in that provision to a higher education provider were a reference to the Secretary.

Subdivision 104-B - Re-crediting HELP balances in relation to FEE-HELP assistance  

SECTION 104-15  

104-15   A person's FEE-HELP balance  
(Repealed by No 76 of 2018)

SECTION 104-20  

104-20   The FEE-HELP limit  
(Repealed by No 76 of 2018)

SECTION 104-25   Main case of re-crediting a person's HELP balance in relation to FEE-HELP assistance  

104-25(1A)    

If section 104-42 applies to re-credit a person's *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person has received for a unit of study, then this section does not apply in relation to that unit.

104-25(1)    

A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if:

(a) the person has been enrolled in the unit with the provider; and

(aa) access to the unit was not provided by *Open Universities Australia; and

(b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake the unit; and

(c) the provider is satisfied that special circumstances apply to the person (see section 104-30); and

(d) the person applies in writing to the provider for re-crediting of the HELP balance; and

(e) either:

(i) the application is made before the end of the application period under section 104-35; or

(ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

104-25(2)    

*Open Universities Australia must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person has received for a unit of study if:

(a) access to the unit was provided by Open Universities Australia; and

(b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and

(c) Open Universities Australia is satisfied that special circumstances apply to the person (see section 104-30); and

(d) the person applies in writing to Open Universities Australia for re-crediting of the HELP balance; and

(e) either:

(i) the application is made before the end of the application period under section 104-35; or

(ii) Open Universities Australia waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

Note:

A FEE-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited: see section 137-10.

104-25(3)    

If the provider is unable to act for one or more of the purposes of subsection (1), or section 104-30, 104-35 or 104-40, the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.

104-25(4)    

If *Open Universities Australia is unable to act for one or more of the purposes of subsection (2), or section 104-30, 104-35 or 104-40, the *Secretary may act as if one or more of the references in those provisions to Open Universities Australia were a reference to the Secretary.

SECTION 104-27   Re-crediting a person's HELP balance in relation to FEE-HELP assistance - no tax file number  

104-27(1)    

A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if:

(a) the person has been enrolled in the unit with the provider; and

(b) subsection 193-10(1) applies to the person in relation to the unit.

104-27(2)    

*Open Universities Australia must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person has received for a unit of study if subsection 193-10(2) applies to the person in relation to the unit.

Note:

A FEE-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited: see section 137-10.

104-27(3)    

The *Secretary may re-credit the person's *HELP balance under subsection (1) or (2) if the provider or *Open Universities Australia is unable to do so.

SECTION 104-30   Special circumstances  

104-30(1)    

For the purposes of paragraph 104-25(1)(c), special circumstances apply to the person if and only if the higher education provider receiving the application is satisfied that circumstances apply to the person that:

(a)    are beyond the person's control; and

(b)    do not make their full impact on the person until on or after the *census date for the unit of study in question; and

(c)    make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake the unit.

104-30(2)    

If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 36-21(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.

Note:

The matters referred to in paragraphs 36-21(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying an amount of student contribution or HECS-HELP) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.

104-30(3)    

For the purposes of paragraph 104-25(2)(c), special circumstances apply to the person if and only if *Open Universities Australia is satisfied that circumstances apply to the person that:

(a)    are beyond the person's control; and

(b)    do not make their full impact on the person until on or after the *census date for the unit of study in question; and

(c)    make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.

SECTION 104-35   Application period  

104-35(1)    
If:

(a) the person applying under 104-25(1)(d) for the re-crediting of the person's *HELP balance in relation to a unit of study has withdrawn his or her enrolment in the unit; and

(b) the higher education provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

104-35(1A)    
If:

(a) the person applying under paragraph 104-25(2)(d) for the re-crediting of the person's *HELP balance in relation to a unit of study has withdrawn from the unit; and

(b) *Open Universities Australia gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

104-35(2)    
If subsections (1) and (1A) do not apply, the application period for the application is the period of 12 months after the period during which the person undertook, or was to undertake, the unit.

SECTION 104-40   Dealing with applications  

104-40(1)    
If:

(a) the application is made under paragraph 104-25(1)(d) before the end of the relevant application period; or

(b) the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.

104-40(1A)    

If:

(a) the application is made under paragraph 104-25(2)(d) before the end of the relevant application period; or

(b) *Open Universities Australia waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

Open Universities Australia must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision of the application.

104-40(2)    
The notice must include a statement of the reasons for the decision.

Note:

Refusals of applications are reviewable under Part 5-7.

SECTION 104-42   Re-crediting a person's HELP balance if provider defaults or person elects re-crediting  

104-42(1)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if:

(a)    the person has been enrolled in the unit with the provider; and

(b)    

the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person; and

(c)    

Part 5-1A applied to the provider at the time the provider defaulted in relation to the person; and

(d)    

any of the following apply:

(i) the provider identifies, under paragraph 166-25(4)(b), that there is no suitable *replacement unit or *replacement course for the person;

(ii) the person elects, under subparagraph 166-25(7)(a)(iii), to have an amount equal to the amounts of FEE-HELP assistance that the person received for the unit re-credited to the student's HELP balance;

(iii) the *Higher Education Tuition Protection Director decides, under paragraph 166-26B(2)(b), that the Director is not satisfied that there is a suitable replacement course for the person;

(iv) the person elects, under subparagraph 166-26B(4)(a)(iii), to have an amount equal to the amounts of FEE-HELP assistance that the person received for the unit re-credited to the student's HELP balance.

Note:

A FEE-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited: see subsection 137-10(4).

104-42(2)    

The *Secretary may re-credit the person's *HELP balance under subsection (1) if the Secretary is satisfied that the provider has failed to do so within a reasonable period.

SECTION 104-43   Re-crediting a person's HELP balance in relation to FEE-HELP assistance if not a genuine student  

104-43(1)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if:

(a)    the person has been enrolled in the unit with the provider; and

(b)    

the Secretary has determined under subsection 104-1(1AA) that the student is not a genuine student in relation to the unit.

Note:

A FEE-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited: see subsection 137-10(4).

104-43(2)    
The *Secretary may re-credit the person's *HELP balance under subsection (1) if the provider is unable to do so.

SECTION 104-44   Re-crediting a person's HELP balance in relation to FEE-HELP assistance if provider completes request for assistance etc.  

104-44(1)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.

Note:

A FEE-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited under this section: see subsection 137-10(4).

104-44(2)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the Secretary is satisfied that the student was not entitled to receive FEE-HELP assistance for the unit of study with the higher education provider.

104-44(3)    
A higher education provider must, on the *Secretary's behalf, re-credit a person's *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the student has not has been assessed by the higher education provider as academically suited to undertake the unit concerned.

104-44(4)    
The *Secretary may re-credit the person's *HELP balance under this section if the provider is unable to do so.

Subdivision 104-C - Bridging courses for overseas-trained professionals  

SECTION 104-45   Meaning of bridging course for overseas-trained professionals  
Courses consisting of subjects or units

104-45'>104-45(1)    

One or more subjects or units in which a person is enrolled with a higher education provider, or to which access is provided by *Open Universities Australia, are together a bridging course for overseas-trained professionals if:

(a) the person holds an *assessment statement issued by an *assessing body for a *listed professional occupation; and

(b) the statement is to the effect that, in the body's opinion, if the person were successfully to undertake additional studies of a kind specified in the statement, the person would meet the *requirements for entry to that occupation; and

(c) the person undertakes, or proposes to undertake, those additional studies by:

(i) enrolling, or proposing to enrol, on a *non-award basis, in those subjects or units with the provider; or

(ii) accessing, or proposing to access, those subjects or units through Open Universities Australia; and

(d) the total student load imposed on the person in relation to those subjects or units does not exceed the student load that, in the opinion of the provider or Open Universities Australia, represents the load imposed on a full-time student for one year; and

(e) those subjects or units relate to the assessment statement.

Courses consisting of occupation-related courses of instruction

104-45(2)    

One or more occupation-related courses of instruction in which a person is enrolled with a higher education provider, or to which access is provided by *Open Universities Australia, are together a bridging course for overseas-trained professionals if:

(a) the person holds an *assessment statement issued by an *assessing body for a *listed professional occupation; and

(b) the statement is to the effect that, in the body's opinion, if the person were to be successful in one or more examinations specified in the statement, the person would meet the *requirements for entry to that occupation; and

(c) the person prepares, or proposes to prepare, for those examinations by:

(i) enrolling, or proposing to enrol, on a *non-award basis, in those occupation-related courses of instruction with the provider; or

(ii) accessing, or proposing to access, those occupation-related courses of instruction through Open Universities Australia; and

(d) the total student load imposed on the person in relation to those courses does not exceed the student load that, in the opinion of the provider or Open Universities Australia, represents the load imposed on a full-time student for one year; and

(e) those courses relate to the assessment statement.

Courses consisting of tuition and training programs

104-45(3)    

A tuition and training program in which a person is enrolled with a higher education provider, or to which access is provided by *Open Universities Australia, is a bridging course for overseas-trained professionals if:

(a) the person holds an *assessment statement issued by an *assessing body for a *listed professional occupation; and

(b) the statement is to the effect that, in the body's opinion, if the person were to undertake a tuition and training program of a kind specified in the statement, the person would meet the *requirements for entry to that occupation; and

(c) the person undertakes, or proposes to undertake, such a program by:

(i) enrolling, or proposing to enrol, on a *non-award basis, in a tuition and training program with the provider; or

(ii) accessing, or proposing to access, a tuition and training program through Open Universities Australia; and

(d) the total student load imposed on the person in relation to that program does not exceed the student load that, in the opinion of the provider or Open Universities Australia, represents the load imposed on a full-time student for one year; and

(e) that program relates to the assessment statement.

SECTION 104-50   Assessment statements  

104-50(1)    
An *assessing body for a *listed professional occupation may give to a person who:

(a) holds a qualification that:

(i) was awarded in a foreign country; and

(ii) relates to that occupation; and

(b) proposes to seek entry to that occupation:

(i) in Australia; or

(ii) if the assessing body is an *assessing body of a State or Territory - in that State or Territory;

a written statement to the effect that, in the body's opinion, if the person were to do any or all of the things referred to in subsection (2), the person would meet the *requirements for entry to that occupation. The statement is an assessment statement .

104-50(2)    
The statement may refer to any or all of the following:

(a) successfully undertaking additional studies of a kind specified in the statement;

(b) being successful in one or more examinations specified in the statement;

(c) successfully undertaking a tuition and training program of a kind specified in the statement.

Note:

A statement could specify one of the things mentioned in paragraph (a), (b) or (c) or any combination of the things mentioned in those paragraphs.

104-50(3)    
This section does not affect the power of an *assessing body to charge fees for an *assessment statement under subsection (1).

SECTION 104-55   Meaning of assessing body  

104-55(1)    
An assessing body for a particular *listed professional occupation is a person or body specified in the FEE-HELP Guidelines as an assessing body for that occupation.

104-55(2)    
This section does not prevent 2 or more persons or bodies from being assessing bodies for the same *listed professional occupation.

104-55(3)    
The FEE-HELP Guidelines may limit the specification of a person or body as an assessing body for a particular *listed professional occupation to:

(a) a particular State; or

(b) the Australian Capital Territory; or

(c) the Northern Territory.

Such an assessing body is an assessing body of a State or Territory .

SECTION 104-60   Meaning of listed professional occupations  

104-60(1)    
A listed professional occupation is an *occupation specified in the FEE-HELP Guidelines as a listed professional occupation.

104-60(2)    
To avoid doubt, an *occupation may be specified even if it is not one of the traditional professions.

SECTION 104-65   Occupation includes part of an occupation  

104-65(1)    
An occupation includes a part of an occupation specified in the FEE-HELP Guidelines as an occupation in its own right.

104-65(2)    
The following are examples of ways in which a part of an occupation can be specified:

(a) so much of an occupation as has a bachelor degree (or equivalent) entry requirement;

(b) so much of an occupation as consists of a particular specialisation.

SECTION 104-70   Requirements for entry to an occupation  

104-70(1)    
The requirements for entry , to a *listed professional occupation, are the educational requirements:

(a) for entry to that occupation in Australia; or

(b) if the requirements are referred to in an *assessment statement given by an *assessing body of a State or Territory for that occupation - for entry to that occupation in that State or Territory.

104-70(2)    
A requirement for entry to a *listed professional occupation may:

(a) be imposed by or under a law; or

(b) be imposed by or under the rules of a body; or

(c) consist of eligibility for membership of a body; or

(d) arise as a generally accepted employment or industry practice.

104-70(3)    
However, neither of the following is a requirement for entry to a *listed professional occupation:

(a) English language training relating to general aspects of written communication or verbal communication, or both; or

(b) being successful in:

(i) the Occupational English Test administered by Language Australia; or

(ii) any other English language test, where that test does not form an integral part of an occupation-related study unit, an occupation-related course of instruction or an occupation-related tuition and training program.

Division 107 - How are amounts of FEE-HELP assistance worked out?  

SECTION 107-1  

107-1   The amount of FEE-HELP assistance for a unit of study  
The amount of *FEE-HELP assistance to which a student is entitled for a unit of study is the difference between:

(a) the student's *tuition fee for the unit; and

(b) the sum of any *up-front payments made in relation to the unit.

Note:

A lesser amount may be payable because of section 107-10.

SECTION 107-5   Up-front payments  

107-5(1)    
An up-front payment , in relation to a unit of study for which a student is liable to pay a *tuition fee, is a payment of all or part of the student's tuition fee for the unit, other than a payment of *FEE-HELP assistance under this Part.

107-5(2)    
The payment must be made on or before the *census date for the unit.

SECTION 107-10   Amounts of FEE-HELP assistance, HECS-HELP assistance and VET FEE-HELP assistance must not exceed the HELP balance  

Amount of FEE-HELP assistance for one unit

107-10(1)    
The amount of *FEE-HELP assistance to which a student is entitled for a unit of study is an amount equal to the student's *HELP balance on the *census date for the unit if:

(a) there is no other:

(i) unit of study, with the same census date, for which the student is entitled to FEE-HELP assistance; or

(ia) unit of study, with the same census date, for which the student is entitled to HECS-HELP assistance; or

(ii) *VET unit of study, with the same census date, for which the student is entitled to *VET FEE-HELP assistance; and

(b) the amount of FEE-HELP assistance to which the student would be entitled under section 107-1 for the unit would exceed that HELP balance.

Note 1:

For transitional provisions relating to subparagraph (a)(ia), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

Note 2:

The amount of a *VET student loan is limited by reference to the student's HELP balance - see sections 8 and 20 of the VET Student Loans Act 2016. The student's HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student - see section 128-15.

Amount of FEE-HELP assistance for more than one unit

107-10(2)    
If the sum of:

(a) the amount of *FEE-HELP assistance to which a student would be entitled under section 107-1 for a unit of study; and

(b) any other amounts of:

(i) FEE-HELP assistance to which the student would be entitled under that section for other units that have the same *census date as that unit; and

(ia) *HECS-HELP assistance to which the student would be entitled under section 93-1 for other units that have the same census date as that unit; and

(ii) *VET FEE-HELP assistance to which the student would be entitled under clause 52 of Schedule 1A for other units that have the same census date as that unit;

would exceed the student's *HELP balance on the census date for the unit, then, despite subsection (1) of this section, the total amount of FEE-HELP assistance, HECS-HELP assistance and VET FEE-HELP assistance to which the student is entitled for all of those units is an amount equal to that that HELP balance.

Example:

Kath has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. Kath's tuition fee for each unit is $600. The total amount of FEE-HELP assistance to which Kath is entitled for the units is $2,000, even though the total amount of her tuition fees for the units is $2,400.

Note 1:

For transitional provisions relating to subparagraph (b)(ia), see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.

Note 2:

The amount of a *VET student loan is limited by reference to the student's HELP balance - see sections 8 and 20 of the VET Student Loans Act 2016. The student's HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student - see section 128-15.

107-10(3)    

If the student has enrolled in the units with more than one higher education provider or *VET provider, and access to none of the units was provided by *Open Universities Australia, the student must notify each provider of the proportion of the total amount of *FEE-HELP assistance,*HECS-HELP assistance or *VET FEE-HELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.

107-10(4)    

If access to some, but not all, of the units of study was provided by *Open Universities Australia, the student must:

(a) notify Open Universities Australia of the proportion of the total amount of *FEE-HELP assistance that is to be payable in relation to units access to which was provided by Open Universities Australia; and

(b) notify each higher education provider or *VET provider at which the student is enrolled in a unit, access to which was not provided by Open Universities Australia, of the proportion of the total amount of FEE-HELP assistance,*HECS-HELP assistance or *VET FEE-HELP assistance that is to be payable in relation to that unit.

Division 110 - How are amounts of FEE-HELP assistance paid?  

Note:

Part 5-1 deals generally with payments by the Commonwealth under this Act.

SECTION 110-1   Payments  

110-1(1)    

If a student is entitled to an amount of *FEE-HELP assistance for a unit of study with a higher education provider, and access to the unit was not provided by *Open Universities Australia, the Commonwealth must:

(a) as a benefit to the student, lend to the student the amount of FEE-HELP assistance; and

(b) pay the amount lent to the provider in discharge of the student's liability to pay his or her *tuition fee for the unit.

110-1(2)    

If a student is entitled to an amount of *FEE-HELP assistance for a unit of study and access to the unit was provided by *Open Universities Australia, the Commonwealth must:

(a) as a benefit to the student, lend to the student the amount of FEE-HELP assistance; and

(b) pay the amount lent to Open Universities Australia in discharge of the student's liability to pay his or her *tuition fee for the unit.

SECTION 110-5   Effect of HELP balance being re-credited  

110-5(1)    

If, under subsection 104-25(1) or 104-27(1) or section 104-42, 104-43 or 104-44, a person's *HELP balance is re-credited with an amount relating to *FEE-HELP assistance for a unit of study, the provider must pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under subsection 110-1(1).

Note:

The provider must repay the amount under subsection (1) even if the person's HELP balance is not increased by an amount equal to the amount re-credited.

110-5(1A)    

Subsection (1) does not apply to the provider if:

(a)    the person's *HELP balance was re-credited under subsection 104-25(1) (main case of re-crediting a person's HELP balance); and

(b)    

the person enrolled in the unit as a *replacement unit.

110-5(1B)    

The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to the re-crediting of a person's *HELP balance in circumstances to which subsection (1A) applies:

(a)    the amount (if any) that is to be paid to the Commonwealth; and

(b)    the person (if any) who is to pay the amounts.

110-5(2)    

If, under subsection 104-25(2) or 104-27(2), *Open Universities Australia re-credits a person's *HELP balance with an amount relating to *FEE-HELP assistance for a unit of study, Open Universities Australia must pay to the Commonwealth an amount equal to the amount (if any) that was paid to Open Universities Australia for the unit under subsection 110-1(2).

SECTION 110-10  

110-10   Implications for student's liability to higher education provider for student tuition fee  

If, under Subdivision 104-B, a student's *HELP balance is re-credited with an amount relating to *FEE-HELP assistance for a *unit of study, the student is discharged from all liability to pay or account for so much of the student's *tuition fee for the unit as is equal to that amount.

PART 3-4 - OS-HELP ASSISTANCE  

Division 115 - Introduction  

SECTION 115-1  

115-1   What this Part is about  

Students may be entitled to OS-HELP assistance for periods during which they are undertaking study overseas, if they meet certain requirements. In particular, their higher education provider must have selected them for OS-HELP assistance.

The amount of OS-HELP assistance is limited to a maximum amount for each period of study, and only 2 such periods can attract OS-HELP assistance.

The purpose of OS-HELP assistance is to help students based in Australia to do part of their course of study overseas.

Note:

Amounts of assistance under this Part mayform part of a person's HELP debts that the Commonwealth recovers under Part 4-2.

SECTION 115-5  

115-5   The OS-HELP Guidelines  
*OS-HELP assistance is also dealt with in the OS-HELP Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note:

The OS-HELP Guidelines are made by the Minister under section 238-10.

Division 118 - Who is entitled to OS-HELP assistance?  

SECTION 118-1   Entitlement to OS-HELP assistance  

118-1(1)    
A student is entitled to *OS-HELP assistance in relation to a period of 6 months if:

(a)    the student meets the citizenship or residency requirements under section 118-5; and

(b)    

the student has not received OS-HELP assistance in relation to more than one other period of 6 months; and

(c)    

the student is enrolled in a *course of study with a higher education provider (the home provider); and

(ca)    

the course of study is an *accredited course in relation to the home provider; and

(d)    the student meets the prior study requirements under section 118-7; and

(e)    the student meets the overseas study requirements under section 118-10; and

(f)    

on the completion of that study outside Australia, the student will have to complete units of study that have a total EFTSL value of at least 0.125 EFTSL in order to complete the course requirements for that course of study; and

(g)    the student *meets the tax file number requirements (see section 187-1); and

(h)    

the student has completed, signed and given to an *appropriate officer of the home provider a *request for Commonwealth assistance in relation to that course of study; and

(ha)    

the student has applied to the home provider for receipt of OS-HELP assistance in relation to the period; and

(hb)    

if the student made the application on or after 1 January 2021 - the student meets the *student identifier requirements under section 118-12; and

(i)    

the home provider has selected the student for receipt of OS-HELP assistance in relation to the period (see section 118-15).

118-1(2)    

However, the student is not entitled to *OS-HELP assistance in relation to that period if:

(a)    another higher education provider has granted OS-HELP assistance to the student in relation to:

(i) that period; or

(ii) a period that overlaps with that period; or

(b)    the student applies to the home provider for the assistance after the student has completed the study in relation to the period.

118-1(3)    

To avoid doubt, the student may be outside Australia when the student applies to the home provider for receipt of *OS-HELP assistance.

SECTION 118-2   Entitlement to supplementary amount for Asian language study  

118-2(1)    
A student is entitled to a *supplementary amount for Asian language study in relation to a period of 6 months if:

(a) the student is entitled to *OS-HELP assistance in relation to that period; and

(b) the OS-HELP assistance is for overseas study in Asia; and

(c) the student undertakes intensive study in an Asian language in preparation for undertaking that overseas study; and

(d) the student has applied to the home provider for receipt of a supplementary amount for Asian language study in relation to the period; and

(e) the home provider has selected the student for receipt of a supplementary amount for Asian language study in relation to the period (see section 118-15).

Note:

If a student is entitled to a supplementary amount for Asian language study, the amount of OS-HELP assistance to which the student is entitled may include an amount for that language study in addition to the amount the student may receive for overseas study: see section 121-1.

118-2(2)    
However, the student is not entitled to a *supplementary amount for Asian language study in relation to that period if the student applies to the home provider for the assistance after the student has completed the intensive study in an Asian language in relation to the period.

118-2(3)    
For the purposes of subsection (1), the OS-HELP Guidelines may specify circumstances in which a student undertakes intensive study in an Asian language in preparation for undertaking overseas study in Asia.

SECTION 118-5   Citizenship or residency requirements  

118-5(1)    
The citizenship or residency requirements for *OS-HELP assistance are that the student in question is:

(a)    an Australian citizen; or

(b)    

a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; or

(c)    a student to whom subsection (2) applies.

118-5(2)    

This subsection applies to a student who:

(a)    is a New Zealand citizen; and

(b)    

either:

(i) holds a special category visa under the Migration Act 1958; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958; and

(c)    both:

(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (3) (the test day ); and

(ii) was a *dependent child when he or she first began to be usually resident in Australia; and

(d)    has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

(e)    has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

118-5(3)    

For the purposes of subsection (2), the day is the earlier of:

(a)    if the student has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the *course of study the student is enrolled in with the home provider - the day the student first made such a request; or

(b)    otherwise - the day the student made the request for Commonwealth assistance in relation to the period.

SECTION 118-7  

118-7   Prior study requirements  

The prior study requirements for *OS-HELP assistance are that:

(a) the student in question has completed units of study in Australia that count towards the course requirements for the *course of study; and

(b) the units of study have a total *EFTSL value of at least one *EFTSL; and

(c) the student was a *Commonwealth supported student in relation to the units.

SECTION 118-10  

118-10   Overseas study requirements  
The overseas study requirements for *OS-HELP assistance are that:

(a) the student in question:

(i) is undertaking full-time study; and

(ii) will be outside Australia while undertaking that study; and

(iii) (Repealed by No 72 of 2007)

(b) the study commences on or after 1 January 2005; and

(c) the study outside Australia will count towards the course requirements of the *course of study in which the student is enrolled with the home provider.

Note:

For paragraph (a), the study need not be at a higher education provider's overseas campus or with an overseas higher education institution.

SECTION 118-12   Student identifier requirements  

118-12(1)    
The *student identifier requirements for *OS-HELP assistance are that:

(a)    the student in question had a student identifier immediately before the student made the application referred to in paragraph 118-1(1)(hb); and

(b)    before making, or at the time of making, the application referred to in paragraph 118-1(1)(hb), the student notified the student's student identifier to:

(i) an *appropriate officer of the higher education provider; and

(ii) the *Secretary.

118-12(2)    
A notification under paragraph (1)(b) may be included in a *request for Commonwealth assistance that the student has given to the higher education provider in relation to:

(a)    the unit of study for which the assistance is sought; or

(b)    the *course of study of which the unit forms a part; or

(c)    any other unit of study forming part of that course.

SECTION 118-15   Selection of students for receipt of OS-HELP assistance and supplementary amounts for Asian language study  

118-15(1)    

The OS-HELP Guidelines may set out principles and procedures that higher education providers must follow in deciding whether to select students for receipt of *OS-HELP assistance or *supplementary amounts for Asian language study.

118-15(3)    

Any decision by a higher education provider whether to select a student for receipt of *OS-HELP assistance or a *supplementary amount for Asian language study must be made in accordance with the OS-HELP Guidelines.

118-15(4)    
Without limiting the matters that may be included in the OS-HELP Guidelines made for the purposes of subsection (3), those guidelines may deal with:

(a) the number of its students whom higher education providers may select for receipt of *OS-HELP assistance or *supplementary amounts for Asian language study; or

(b) how that number is to be determined.

Division 121 - How are amounts of OS-HELP assistance worked out?  

SECTION 121-1   The amount of OS-HELP assistance for a period  

121-1(1)    
The amount of *OS-HELP assistance to which a student is entitled for a period of 6 months is the sum of the following amounts determined by the higher education provider to which the student applied for selection for receipt of the assistance:

(a) the amount determined by the provider for the overseas study (see subsections (2) and (3));

(b) if the student is entitled to a *supplementary amount for Asian language study - the supplementary amount determined by the provider for that language study (see subsections (4) and (5)).

Determining amounts for overseas study

121-1(2)    
The amount determined for overseas study must not exceed:

(a) the amount specified in the application; or

(b) the *maximum OS-HELP (overseas study) amount for a period of 6 months.

121-1(3)    
The amount determined for overseas study must not be less than the higher education provider's *minimum OS-HELP (overseas study) amount, if the provider has a minimum OS-HELP (overseas study) amount.

Determining supplementary amounts for Asian language study

121-1(4)    
The supplementary amount determined for Asian language study must not exceed:

(a) the amount specified in the application; or

(b) the *maximum OS-HELP (Asian language study) amount for a period of 6 months.

121-1(5)    
The supplementary amount determined for Asian language study must not be less than the higher education provider's *minimum OS-HELP (Asian language study) amount, if the provider has a minimum OS-HELP (Asian language study) amount.

SECTION 121-5   Maximum OS-HELP (overseas study) amount  

121-5(1)    
The maximum OS-HELP (overseas study) amount , for a period of 6 months, is:

(a) if the *OS-HELP assistance is for overseas study undertaken in Asia - $7,500; or

(b) in any other case - $6,250.

Note:

The maximum OS-HELP (overseas study) amount is indexed under Part 5-6.

121-5(2)    
For the purposes of subsection (1), the OS-HELP Guidelines may specify whether overseas study undertaken at a particular place is undertaken in Asia.

SECTION 121-10   Minimum OS-HELP (overseas study) amount  

121-10(1)    

A higher education provider may determine, in writing, its *minimum OS-HELP (overseas study) amount.

121-10(2)    
The determination has effect until:

(a) it is replaced by a later determination; or

(b) it is revoked.

SECTION 121-15  

121-15   Maximum OS-HELP (Asian language study) amount  

The maximum OS-HELP (Asian language study) amount , for a period of 6 months, is $1,000.

Note:

The maximum OS-HELP (Asian language study) amount is indexed under Part 5-6.

SECTION 121-20   Minimum OS-HELP (Asian language study) amount  

121-20(1)    
A higher education provider may determine, in writing, its minimum OS-HELP (Asian language study) amount .

121-20(2)    
The determination has effect until:

(a) it is replaced by a later determination; or

(b) it is revoked.

Division 124 - How are amounts of OS-HELP assistance paid?  

Note:

Part 5-1 deals generally with payments by the Commonwealth under this Act.

SECTION 124-1   Amounts of OS-HELP assistance are lent to students  

124-1(1)    
If a student is entitled to an amount of *OS-HELP assistance for a period of 6 months, the Commonwealth must, as a benefit to the student, lend to the student the amount of OS-HELP assistance.

124-1(2)    
The higher education provider that selected the student for receipt of *OS-HELP assistance in relation to the period must, on the Commonwealth's behalf, pay to the student the amount lent.

124-1(2A)    

The OS-HELP Guidelines may provide that a student who is entitled to a *supplementary amount for Asian language study may be paid:

(a) an amount for that language study; and

(b) an amount for the overseas study;

at different times determined in accordance with those guidelines.

124-1(2B)    

If a student is paid amounts at different times as mentioned in subsection (2A), each amount is taken to be a separate loan for the purposes of section 137-15 (OS-HELP debts).

124-1(3)    
The Commonwealth must make payments to the higher education provider on account of amounts the provider pays under this section on the Commonwealth's behalf.

PART 3-5 - SA-HELP ASSISTANCE  

Division 125 - Introduction  

SECTION 125-1  

125-1   What this Part is about  

Division 126 - Who is entitled to SA-HELP assistance?  

SECTION 126-1   Entitlement to SA-HELP assistance  

126-1(1)    
A student is entitled to *SA-HELP assistance for a *student services and amenities fee imposed on the student for a period by a higher education provider if:

(a)    the student meets the citizenship or residency requirements under section 126-5; and

(b)    

on the day on which the fee is payable, the student is enrolled with the provider in one or more of the following:

(i) a *course of study or a *bridging course for overseas-trained professionals;

(ii) an *accelerator program course; and

(c)    the student *meets the tax file number requirements (see section 187-1); and

(d)    the student has, on or before the day on which the fee is payable, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to the fee; and

(e)    

if the day on which the fee is payable is on or after 1 January 2023 - the student meets the *student identifier requirements under section 126-10.

126-1(2)    

A request for Commonwealth assistance , in relation to a *student services and amenities fee imposed for a period on a person who is enrolled with a higher education provider in one or more of the courses mentioned in paragraph (1)(b), means a document:

(a)    in which the person requests the Commonwealth to provide assistance under this Act in relation to the fee for the period; and

(b)    that is in the form approved by the Minister.

SECTION 126-5   Citizenship or residency requirements  

126-5(1)    
A student meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student is, on the day the fee is payable:

(a)    an Australian citizen; or

(b)    

both:

(i) a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and

(ii) resident in Australia.

126-5(1A)    

A student also meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student:

(a)    is a New Zealand citizen on the day the fee is payable; and

(b)    

on the day the fee is payable, either:

(i) holds a special category visa under the Migration Act 1958; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958; and

(c)    both:

(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (1B) (the test day ); and

(ii) was a *dependent child when he or she first began to be usually resident in Australia; and

(d)    has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

(e)    has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

126-5(1B)    

For the purposes of subsection (1A), the day is the earlier of:

(a)    if the student:

(i) is enrolled with the provider in a *course of study; and

(ii) has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the course - the day the student first made such a request; or

(b)    otherwise - the day the student made the request for Commonwealth assistance in relation to the fee.

126-5(2)    

Despite subsections (1) and (1A), a student does not meet the citizenship or residency requirements in relation to a *student services and amenities fee imposed on the student by a higher education provider if the provider reasonably expects that:

(a)    for a student enrolled in one course for the purposes of paragraph 126-1(1)(b) - the student will not undertake in Australia any *units of study with the provider, or any or the *accelerator program course (as applicable); or

(b)    for a student enrolled in more than one course for the purposes of paragraph 126-1(1)(b) - the student will not undertake in Australia:

(i) any units of study with the provider; and

(ii) if one of the courses is an accelerator program course - any of the accelerator program course.

SECTION 126-10   Student identifier requirements  

126-10(1)    
A student meets the *student identifier requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if:

(a)    the student has a student identifier immediately before the day on which the fee is payable; and

(b)    before making, or at the time of making, the *request for Commonwealth assistance referred to in paragraph 126-1(1)(d), the student notifies the student's student identifier to:

(i) an *appropriate officer of the higher education provider; and

(ii) the *Secretary.

126-10(2)    
A notification under paragraph (1)(b) may be included in the *request for Commonwealth assistance by the student referred to in paragraph 126-1(1)(d).

Division 127 - How are amounts of SA-HELP assistance worked out?  

SECTION 127-1  

127-1   The amount of SA-HELP assistance for a student services and amenities fee  

The amount of *SA-HELP assistance to which a student is entitled for a *student services and amenities fee is the difference (if any) between:

(a) the fee; and

(b) the sum of any payments of the fee (other than a payment of SA-HELP assistance under this Part) made on or before the day on which the fee is payable.

Division 128 - How are amounts of SA-HELP assistance paid?  

Note:

Part 5-1 deals generally with payments by the Commonwealth under this Act.

SECTION 128-1  

128-1   Payments to higher education providers of loans to students  

If a student is entitled to an amount of *SA-HELP assistance for a *student services and amenities fee imposed by a higher education provider, the Commonwealth must:

(a) as a benefit to the student, lend to the student the amount of SA-HELP assistance; and

(b) pay to the provider the amount lent in discharge of the student's liability to pay the fee.

SECTION 128-5  

128-5   Repayment by higher education provider if student does not have tax file number  

A higher education provider must repay the Commonwealth an amount paid to the provider under section 128-1 in discharge of a person's liability to pay a *student services and amenities fee if subsection 193-15(1) applies to the person.

PART 3-6 - HELP BALANCES  

SECTION 128-7   What this Part is about  

SECTION 128-15   HELP balances  

128-15(1)    
A person's HELP balance at a particular time is:

(a) if the *HELP loan limit in relation to the person at the time exceeds the sum of all of the amounts of:

(i) *HECS-HELP assistance that has previously been payable for the person; and

(ii) *FEE-HELP assistance that has previously been payable for the person; and

(iii) *VET FEE-HELP assistance that has previously been payable for the person; and

(iv) *VET student loans that have previously been payable for the person;

being that sum as reduced by any amounts previously re-credited to the person's HELP balance under Division 97 of this Act, Subdivision 104-B of this Act, section 128-25 of this Act, Subdivision 7-B of Schedule 1A to this Act or Part 6 of the VET Student Loans Act 2016 - that excess; and

(b) otherwise - zero.

Note 1:

If an amount is to be re-credited to a HELP balance, the balance that is to be re-credited is worked out immediately before that re-crediting. The balance is worked out after the re-crediting by taking account of the amount re-credited. If a person's HELP loan limit has been reduced, the balance might not increase, or might not increase by the same amount as the amount re-credited.

Note 2:

For transitional provisions relating to this section, see Part 2 of Schedule 3 to the Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018. Those transitional provisions mean that subparagraph (1)(a)(i) does not apply in relation to a unit of study if the census date for the unit is before 1 January 2020.

128-15(1A)    
For the purposes of subparagraphs (1)(a)(i), (ii) and (iii), an amount of *HECS-HELP assistance, *FEE-HELP assistance or *VET FEE-HELP assistance is taken to have been payable for a person immediately after the *census date for the unit to which the assistance relates (whether or not the amount has been paid at that time).

128-15(1B)    
For the purposes of subparagraph (1)(a)(iv), an amount of a *VET student loan is taken to have been payable for a person immediately after the *census day for the course or a part of the course to which the loan amount relates (whether or not the amount has been paid at that time).

128-15(2)    
For the purposes of subparagraphs (1)(a)(i), (ii), (iii) and (iv), it is immaterial whether amounts of *HECS-HELP assistance, *FEE-HELP assistance, *VET FEE-HELP assistance and *VET student loans have been repaid.

128-15(3)    
Subsection (2) is enacted for the avoidance of doubt.

SECTION 128-20   HELP loan limit  

128-20(1)    
The HELP loan limit is:

(a) $106,319; or

(b) in relation to a person who is enrolled in a *course of study in medicine, a *course of study in dentistry, a *course of study in veterinary science or a *course of study in aviation, while the person is enrolled in that course - $152,700.

Note:

The HELP loan limit is indexed under Part 5-6.

128-20(2)    
A course of study in aviation is a *course of study, or an approved course (within the meaning of the VET Student Loans Act 2016), specified in the FEE-HELP Guidelines for the purposes of this subsection.

SECTION 128-25   Re-crediting HELP balance - discharge of HELP debt etc.  

128-25(1)    
If, during:

(a)    the financial year starting on 1 July 2019; or

(b)    a later financial year;

a payment was made in discharge of the whole or a part of a debt that a person owes to the Commonwealth under Chapter 4, the *Commissioner must:

(c)    notify the payment to the Secretary; and

(d)    do so as soon as practicable after the end of that financial year.

Note 1:

The payment may be a voluntary repayment.

Note 2:

The payment may be in the form of the application of an amount against the debt.

128-25(2)    
If the Secretary is so notified, the Secretary must re-credit the person's *HELP balance with an amount equal to the amount of the payment.

128-25(3)    

If, under section 142-15 or 144-10, the *Secretary determines, during a financial year, that an amount is to be reduced from a person's *accumulated HELP debt, the Secretary must re-credit the person's *HELP balance with an amount equal to the amount reduced as soon as practicable after the end of that financial year.

PART 3-7 - STARTUP HELP ASSISTANCE  

Division 128A - Introduction  

SECTION 128A-1   What this Part is about  

Note 1:

Amounts of assistance under this Part may form part of a person's HELP debts that the Commonwealth recovers under Part 4-2.

Note 2:

This Part does not apply to Table C providers: see section 5-1.

SECTION 128A-5  

128A-5   The STARTUP-HELP Guidelines  

*STARTUP-HELP assistance is also dealt with in the STARTUP-HELP Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note:

The STARTUP-HELP Guidelines are made by the Minister under section 238-10.

Division 128B - Who is entitled to STARTUP HELP assistance?  

SECTION 128B-1   Entitlement to STARTUP-HELP assistance  

Entitlement to STARTUP-HELP assistance

128B-1(1)    
A student is entitled to *STARTUP-HELP assistance for an *accelerator program course in which the student is enrolled with a higher education provider if:

(a)    the student meets the citizenship or residency requirements under section 128B-30; and

(b)    any of the following apply:

(i) the student is in the final year of an *undergraduate course of study;

(ii) the student is enrolled in a *postgraduate course of study;

(iii) the student was awarded, no more than 36 months before the person commenced the accelerator program course, a qualification at level 7, 8, 9 or 10 of the *Australian Qualifications Framework; and

(c)    the student has not received more than one amount of STARTUP-HELP assistance (for this purpose, disregard any amount of assistance that has been *reversed under Division 128E); and

(d)    the *census date for the accelerator program course is on or after 1 July 2023; and

(e)    the student:

(i) enrolled in the accelerator program course on or before the census date for the course; and

(ii) at the end of the census date, remained so enrolled; and

(f)    the student *meets the tax file number requirements (see section 187-1); and

(g)    the student has, on or before the census date for the accelerator program course, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to the course; and

(h)    the student has been assessed by the provider as academically suited to undertake the accelerator program course; and

(i)    the student has applied to the provider for receipt of STARTUP-HELP assistance in relation to the accelerator program course; and

(j)    the student meets the *student identifier requirements under subsection (4); and

(k)    the provider has selected the student for receipt of STARTUP-HELP assistance in relation to the accelerator program course (see section 128B-35).

128B-1(2)    
Subsection (1) has effect subject to the following provisions:

(a)    section 128B-5 (multiple courses at same time);

(b)    section 128B-10 (not a genuine student);

(c)    section 128B-15 (unreasonable study load);

(d)    section 128B-20 (overseas campus).

Academically suited

128B-1(3)    
The assessment for the purposes of paragraph (1)(h) must be done in accordance with any requirements specified in the Higher Education Provider Guidelines made for the purposes of section 19-42 (assessment of students as academically suited).

When a student meets the student identifier requirements

128B-1(4)    
A student meets the *student identifier requirements under this subsection if:

(a)    the student has a student identifier immediately before the *census date; and

(b)    before the census date, the student notifies the student's student identifier to:

(i) an *appropriate officer of the higher education provider; and

(ii) the *Secretary.

128B-1(5)    
A notification under paragraph (4)(b) may be included in a *request for Commonwealth assistance that the student has given to the higher education provider in relation to the *accelerator program course.

Definition of request for Commonwealth assistance

128B-1(6)    
A request for Commonwealth assistance , in relation to a person enrolling in an *accelerator program course with a higher education provider, means a document:

(a)    in which the person requests the Commonwealth to provide assistance under this Act in relation to the course; and

(b)    that is in the form approved by the Minister.

SECTION 128B-5   No entitlement: multiple courses at same time  

128B-5(1)    
If, apart from this subsection, a student would be entitled to *STARTUP-HELP assistance under subsection 128B-1(1) for 2 or more *accelerator program courses in which the student is enrolled at the same time, the student is entitled to STARTUP-HELP assistance for only the one course selected under subsection (2) of this section.

128B-5(2)    
The one course for which the student is entitled is selected by applying either or both of the following principles, as needed:

(a)    if the student enrolled at the same time in 2 or more courses - select the course the student elects, in writing, for the purposes of this paragraph;

(b)    if the student enrolled at different times in 2 or more courses - select the course the student enrolled in first.

128B-5(3)    
The STARTUP-HELP Guidelines may prescribe requirements and other matters in relation to elections by students for the purposes of paragraph (2)(a).

SECTION 128B-10   No entitlement: not a genuine student  

128B-10(1)    
A student is not entitled to *STARTUP-HELP assistance for an *accelerator program course if the *Secretary determines that the student is not a genuine student in relation to the course.

Note:

A decision under this subsection that a student is not entitled to STARTUP-HELP assistance is reviewable under Part 5-7.

128B-10(2)    
In determining whether a student is a genuine student for the purposes of subsection (1), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.

128B-10(3)    
If a determination under subsection (1) is made in writing, the determination is not a legislative instrument.

SECTION 128B-15   No entitlement: unreasonable study load  

128B-15(1)    
A student is not entitled to *STARTUP-HELP assistance for an *accelerator program course (a new course ) provided, or to be provided, by a higher education provider if the sum of the following amounts is more than 2:

(a)    the *EFTSL value of the new course;

(b)    the sum of the EFTSL values of each other unit of study:

(i) that has a *census date during the 12 month period ending on the census date for the new course; and

(ii) for which the person is entitled to *HECS-HELP assistance or *FEE-HELP assistance, or would be so entitled but for the previous operation of this section, or section 36-12, in relation to the other unit of study;

(c)    the sum of the EFTSL values of each other accelerator program course:

(i) that has a census date during the 12 month period ending on the census date for the new course; and

(ii) for which the person is entitled to STARTUP-HELP assistance, or would be so entitled but for the previous operation of this section in relation to the other accelerator program course.

128B-15(2)    
Subsection (1) does not apply if the higher education provider determines that undertakingthe new course will not impose an unreasonable study load on the person, having regard to:

(a)    whether the person has the demonstrated capacity and capability to successfully complete courses of study or *accelerator program courses that have a combined total *EFTSL value of more than 2; and

(b)    the matters (if any) specified by the Higher Education Provider Guidelines for the purposes of this paragraph.

Note:

A decision under this subsection that undertaking a new accelerator program course will impose an unreasonable study load on a student is reviewable under Part 5-7.

128B-15(3)    
A decision of a higher education provider under subsection (2) must be in accordance with the Higher Education Provider Guidelines.

128B-15(4)    
If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.

128B-15(5)    
If a higher education provider is unable to act for one or more of the purposes of this section, the *Secretary may act as if one or more of the references in this section to the provider were a reference to the Secretary.

SECTION 128B-20  

128B-20   No entitlement: overseas campus  

A student is not entitled to *STARTUP-HELP assistance for an *accelerator program course if the course is, or is to be, undertaken by the student primarily at an overseas campus.

SECTION 128B-25   Accelerator program course  

128B-25(1)    
An accelerator program course is a structured and integrated program of education and mentoring that:

(a)    is designed to develop a person's skills, capabilities and connections for the purposes of startup businesses; and

(b)    meets the requirements in subsection (2).

128B-25(2)    
The requirements are that:

(a)    the course leads to the award of a qualification accredited by the higher education provider under subsection (3); and

(b)    the course has an *EFTSL value of at least 0.5 EFTSL and no more than one EFTSL; and

(c)    any other requirements set out in the STARTUP-HELP Guidelines are met.

128B-25(3)    
For the purposes of paragraph (2)(a), a higher education provider may self-accredit a qualification as being integral to the development of startup businesses, if the provider is:

(a)    registered under the *TEQSA Act in the provider category "Australian University" or "University College"; and

(b)    authorised under that Act to self-accredit some or all of its courses of study.

128B-25(4)    
In self-accrediting the qualification, the higher education provider must, as far as practicable, apply the same procedures it applies when self-accrediting a *course of study.

128B-25(5)    
Without limiting the matters that may be included in the STARTUP-HELP Guidelines made for the purposes of paragraph (2)(c), those guidelines must require that the higher education provider providing the *accelerator program course has arrangements in place to ensure that, in circumstances where a student creates intellectual property through undertaking the course, the student owns the intellectual property unless there is an agreement that provides otherwise in place between the student and the provider.

SECTION 128B-30   Citizenship or residency requirements  

128B-30(1)    

A student meets the citizenship or residency requirements under this section in relation to an *accelerator program course if:

(a)    the student is an Australian citizen; or

(b)    the student:

(i) is a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and

(ii) will be resident in Australia for the duration of the accelerator program course.

128B-30(2)    

In determining, for the purposes of subparagraph (1)(b)(ii), whether the student will be resident in Australia for the duration of the *accelerator program course, disregard any period of residence outside Australia that:

(a)    cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the accelerator program course; or

(b)    is required for the purpose of completing a requirement of the accelerator program course.

128B-30(3)    
A student also meets the citizenship or residency requirements under this section in relation to an *accelerator program course if the student:

(a)    is a New Zealand citizen who will be resident in Australia for the duration of the accelerator program course; and

(b)    

either:

(i) holds a special category visa under the Migration Act 1958; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958; and

(c)    both:

(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (4) (the test day ); and

(ii) was a *dependent child when the student first began to be usually resident in Australia; and

(d)    has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

(e)    has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

128B-30(4)    
In determining, for the purpose of paragraph (3)(a), whether the student willbe resident in Australia for the duration of the *accelerator program course, disregard any period of residence outside Australia that:

(a)    cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the accelerator program course; or

(b)    is required for the purpose of completing a requirement of the accelerator program course.

128B-30(5)    
For the purposes of subsection (3), the day is the earlier of:

(a)    if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that forms part of a *course of study, or for another *accelerator program course - the day the student first made such a request; or

(b)    otherwise - the day the student made the request for Commonwealth assistance in relation to the accelerator program course.

128B-30(6)    
Despite subsections (1), (2) and (3), a student does not meet the citizenship or residency requirements in relation to an *accelerator program course if the higher education provider reasonably expects that the student will not undertake in Australia any of the accelerator program course.

SECTION 128B-35   Selection of students for receipt of STARTUP-HELP assistance  

128B-35(1)    
The STARTUP-HELP Guidelines may set out principles and procedures that higher education providers must follow in deciding whether to select persons for receipt of *STARTUP-HELP assistance.

128B-35(2)    
Any decision by a higher education provider whether to select a person for receipt of *STARTUP-HELP assistance must be made in accordance with the STARTUP-HELP Guidelines.

128B-35(3)    
Without limiting the matters that may be included in the STARTUP-HELP Guidelines made for the purposes of subsection (2), those guidelines may deal with:

(a)    the number of its students whom higher education providers may select for receipt of *STARTUP-HELP assistance; or

(b)    how that number is to be determined.

SECTION 128B-40   Allocation of STARTUP-HELP assistance  

128B-40(1)    
The STARTUP-HELP Guidelines must include principles and procedures for ensuring, so far as reasonably practicable, that at least 25% of the persons selected for receipt of *STARTUP-HELP assistance are students enrolled in an *accelerator program course at a regional university.

128B-40(2)    
For the purposes of subsection (1), a regional university is one of the following:

(a)    Charles Sturt University;

(b)    Central Queensland University;

(c)    Federation University Australia;

(d)    Southern Cross University;

(e)    University of New England;

(f)    University of Southern Queensland;

(g)    University of the Sunshine Coast;

(h)    any other university, or particular campus of a university, specified in the STARTUP-HELP Guidelines.

128B-40(3)    
The Minister must not specify a university, or particular campus of a university, in the START-UP HELP Guidelines made for the purposes of paragraph (2)(h), unless the university or campus is located in a Remoteness Area categorised under the *ABS Remoteness Structure as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia.

Division 128C - How are amounts of STARTUP-HELP assistance worked out?  

SECTION 128C-1  

128C-1   The amount of STARTUP-HELP assistance for an accelerator program course  

The amount of *STARTUP-HELP assistance to which a student is entitled for an *accelerator program course is the difference between:

(a)    the student's *accelerator program course fee for the course; and

(b)    the sum of any *up-front payments made in relation to the course.

SECTION 128C-5   Up-front payments  

128C-5(1)    
An up-front payment , in relation to an *accelerator program course for which a student is liable to pay an *accelerator program course fee, is a payment of all or part of the student's accelerator program course fee for the course, other than a payment of *STARTUP-HELP assistance under this Part.

128C-5(2)    
The payment must be made on or before the *census date for the course.

SECTION 128C-10   Maximum accelerator program course fee  

128C-10(1)    
A person's *accelerator program course fee, for an *accelerator program course, must not exceed:

(a)    for a course that has an *EFTSL value of one EFTSL - the *maximum student contribution amount specified, in item 4 of the table in section 93-10, for a place for a *non-grandfathered student in a unit of study in Medicine, Dentistry or Veterinary Science; or

(b)    for a course that has an EFTSL value of less than one EFTSL - the amount worked out as follows:

The amount mentioned in paragraph (a)

×

The EFTSL value of the accelerator program course

128C-10(2)    
If an amount worked out by using the formula in subsection (1) is an amount made up of dollars and cents, round the amount down to the nearest dollar.

Division 128D - How are amounts of STARTUP HELP assistance paid?  

Note:

Part 5-1 deals generally with payments by the Commonwealth under this Act.

SECTION 128D-1  

128D-1   Payments to higher education providers  

If a student is entitled to an amount of *STARTUP-HELP assistance for an *accelerator program course in which the student is enrolled with a higher education provider, the Commonwealth must:

(a)    as a benefit to the student, lend to the student the amount of STARTUP-HELP assistance; and

(b)    pay to the provider the amount lent in discharge of the student's liability to pay the student's *accelerator program course fee for the course.

SECTION 128D-5  

128D-5   Repayment by higher education provider if STARTUP-HELP assistance is reversed  

If an amount of *STARTUP-HELP assistance that a person received for an *accelerator program course is *reversed under Division 128E, the higher education provider must:

(a)    pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the course under section 128D-1; and

(b)    pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person's *accelerator program course fee for the course.

SECTION 128D-10  

128D-10   Implications of reversal for person's liability to higher education provider for accelerator program course fee  

If an amount of *STARTUP-HELP assistance received by a person for an *accelerator program course is *reversed under Division 128E, the person is discharged from all liability to pay or account for so much of the person's *accelerator program course fee for the course as is equal to that amount.

Division 128E - Reversal of STARTUP HELP assistance  

Subdivision 128E-A - Reversal in special circumstances  

SECTION 128E-1   Reversal of STARTUP-HELP assistance: special circumstances  

128E-1(1)    
A higher education provider must, on the *Secretary's behalf, determine that this section applies to a person, in relation to an amount of *STARTUP-HELP assistance that the person received for an *accelerator program course with the provider, if:

(a)    the person has been enrolled in the accelerator program course with the provider; and

(b)    the person has not completed the requirements for the accelerator program course during the period during which the person undertook, or was to undertake, the course; and

(c)    the provider is satisfied that special circumstances apply to the person (see section 128E-5); and

(d)    the person applies in writing to the provider for either or both of the following:

(i) the repayment of any amounts that the person paid in relation to the person's *accelerator program course fee;

(ii) the remission of the person's *STARTUP-HELP debt in relation to the accelerator program course; and

(e)    either:

(i) the application is made before the end of the application period under section 128E-10; or

(ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

Note:

A decision that this section does not apply to a person is reviewable under Part 5-7.

128E-1(2)    
If the provider determines that this section applies to the person in relation to the amount of assistance, the amount is reversed .

Note:

For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).

128E-1(3)    
If the provider is unable to act for one or more of the purposes of this Subdivision, the *Secretary may act as if one or more of the references in this Subdivision to the provider were a reference to the Secretary.

SECTION 128E-5   Special circumstances  

128E-5(1)    
For the purposes of paragraph 128E-1(1)(c), special circumstances apply to the person if and only if the higher education provider receiving the application is satisfied that circumstances apply to the person that:

(a)    are beyond the person's control; and

(b)    do not make their full impact on the person until on or after the *census date for the *accelerator program course; and

(c)    make it impracticable for the person to complete the requirements for the course in the period during which the person undertook, or was to undertake, the course.

128E-5(2)    
If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 36-21(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.

Note:

The matters referred to in paragraphs 36-21(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying a student contribution amount or an amount of HECS-HELP assistance) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.

SECTION 128E-10   Application period  

128E-10(1)    
If:

(a)    the person applying under paragraph 128E-1(1)(d) in relation to an amount of *STARTUP-HELP assistance for an *accelerator program course has withdrawn their enrolment in the course; and

(b)    the higher education provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

128E-10(2)    
If subsection (1) does not apply, the application period for the application is the period of 12 months after the end of the period during which the person undertook, or was to undertake, the course.

SECTION 128E-15   Dealing with applications  

128E-15(1)    
If:

(a)    the application is made under paragraph 128E-1(1)(d) before the end of the relevant application period; or

(b)    the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.

128E-15(2)    
The notice must include a statement of the reasons for the decision.

Subdivision 128E-B - Reversal in other circumstances  

SECTION 128E-20  

128E-20   Reversal of STARTUP-HELP assistance: no tax file number  

An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course with a higher education provider is reversed if:

(a)    the person has been enrolled in the accelerator program course with the provider; and

(b)    subsection 193-20(1) (no entitlement to STARTUP-HELP assistance for students without tax file numbers) applies to the person in relation to the course.

Note:

For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).

SECTION 128E-25  

128E-25   Reversal of STARTUP-HELP assistance: higher education provider completes request for assistance  

An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course with a higher education provider is reversed if the provider completes any part of the *request for Commonwealth assistance in relation to the course that the person is required to complete.

Note:

For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).

SECTION 128E-30  

128E-30   Reversal of STARTUP-HELP assistance: no entitlement  

An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course with a higher education provider is reversed if the *Secretary is satisfied that the person was not entitled to receive STARTUP-HELP assistance for the course with the provider.

Note:

For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).

SECTION 128E-35  

128E-35   Reversal of STARTUP-HELP assistance: no assessment of whether academically suited  

An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course with a higher education provider is reversed if the person has not been assessed by the provider as academically suited to undertake the course.

SECTION 128E-40   Reversal of STARTUP-HELP assistance: material non-compliance  

128E-40(1)    
An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course provided during a period by a higher education provider is reversed if a report of an audit conducted in accordance with subsection (2) finds that there is any material non-compliance with respect to the course provided in the period.

Note:

For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).

128E-40(2)    
The STARTUP-HELP Guidelines must require higher education providers that provide *accelerator program courses to conduct internal audits, or to arrange for audits, of compliance with the STARTUP-HELP Guidelines with respect to the courses. The Guidelines must prescribe any or all of the following:

(a)    circumstances in which audits must be conducted or arranged;

(b)    requirements in relation to when and how audits must be conducted or arranged and reported on.

Chapter 4 - Repayment of loans  

Division 129 - Introduction  

SECTION 129-1   What this Chapter is about  

Note:

Loans that the Commonwealth makes to students under the VET Student Loans Act 2016 on or after 1 July 2019 are repayable under that Act.

PART 4-1 - INDEBTEDNESS  

Division 134 - Introduction  

SECTION 134-1   What this Part is about  

Note:

If the Secretary uses an amount of a VET student loan approved under the VET Student Loans Act 2016 to pay tuition fees for a person on or after 1 July 2019, the person incurs a debt under that Act.

SECTION 134-5   HELP Debtor Guidelines  

134-5(1)    
Matters relating to *location-preferred HELP debtors (teachers) are dealt with in the HELP Debtor Guidelines (Teachers).

134-5(2)    
Matters relating to *location-preferred HELP debtors (health practitioners) are dealt with in the HELP Debtor Guidelines (Health Practitioners).

134-5(3)    
The provisions of this Part indicate when a particular matter is or may be dealt with in those Guidelines.

Note:

The HELP Debtor Guidelines (Teachers) and HELP Debtor Guidelines (Health Practitioners) are made by the Minister under section 238-10.

Division 137 - How do HELP debts arise?  

SECTION 137-1  

137-1   HELP debts  
The following are HELP debts :

(a)    *HECS-HELP debts;

(b)    *FEE-HELP debts;

(c)    *OS-HELP debts;

(ca)    

*SA-HELP debts;

(cb)    

*STARTUP-HELP debts;

(d)    

*VET FEE-HELP debts;

(e)    

*pre-1 July 2019 VSL debts.

SECTION 137-5   HECS-HELP debts  
Incurring HECS-HELP debts

137-5(1)    

A person incurs a debt to the Commonwealth if, under section 96-1, the Commonwealth:

(a)    makes a loan to the person; and

(b)    uses the amount lent to make a payment in discharge of the person's liability to pay his or her *student contribution amount for a unit of study.

The debt is a HECS-HELP debt.

137-5(2)    
The amount of the *HECS-HELP debt is the amount of the loan.

When HECS-HELP debts are incurred

137-5(3)    
A *HECS-HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person's *student contribution amount for the unit.

Remission of HECS-HELP debts

137-5(4)    

A person's *HECS-HELP debt in relation to a unit of study is taken to be remitted if section 36-20, 36-24A, 36-24B, 36-24BB or 36-24BC applies to the person (even if subsection 36-20(3), 36-24BB(3) or 36-24BC(3) applies to the provider in relation to the person).

137-5(5)    

A person's *HECS-HELP debt in relation to a unit of study is taken to be remitted if the person's *HELP balance is re-credited under Division 97 in relation to the unit.

Note:

The debt is taken to be remitted even if the person's HELP balance is not increased by an amount equal to the amount re-credited.

SECTION 137-10   FEE-HELP debts  
Incurring FEE-HELP debts

137-10(1)    
A person incurs a debt to the Commonwealth if, under section 110-1, the Commonwealth:

(a)    makes a loan to the person; and

(b)    uses the amount lent to make a payment in discharge of the person's liability to pay his or her *tuition fee for a unit of study.

The debt is a FEE-HELP debt.

137-10(2)    

The amount of the *FEE-HELP debt is:

(a)    

if the loan relates to *FEE-HELP assistance for a unit of study provided by a Table B provider - the amount of the loan; or

(b)    

if paragraph (a) does not apply and the loan relates to FEE-HELP assistance for a unit of study that forms part of an *undergraduate course of study:

(i) for a unit of study with a *census date between 1 April 2020 and 31 December 2022 - the amount of the loan; or

(ia) for a unit of study with a census date on or after 1 January 2023 - an amount equal to 120% of the loan; or

(ii) otherwise - an amount equal to 125% of the loan; or

(c)    if neither paragraph (a) nor (b) applies - the amount of the loan.

When FEE-HELP debts are incurred

137-10(3)    
A *FEE-HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person's *tuition fee for the unit.

Remission of FEE-HELP debts

137-10(4)    

A person's *FEE-HELP debt in relation to a unit of study is taken to be remitted if the person's *HELP balance is re-credited under section 104-25, 104-27, 104-42, 104-43 or 104-44 in relation to the unit.

Note:

The debt is taken to be remitted even if the person's HELP balance is not increased by an amount equalto the amount re-credited.

SECTION 137-15   OS-HELP debts  
Incurring OS-HELP debts

137-15(1)    
A person incurs a debt to the Commonwealth if, under section 124-1, the Commonwealth makes a loan to the person. The debt is an OS-HELP debt .

Note:

For a student who is entitled to a supplementary amount for Asian language study, see subsections 124-1(2A) and (2B).

137-15(2)    

The amount of the *OS-HELP debt is an amount equal to the amount of the loan.

When OS-HELP debts are incurred

137-15(3)    
The *OS-HELP debt is taken to have been incurred on the day on which a higher education provider, on the Commonwealth's behalf, paid the amount lent to the person.

SECTION 137-16   SA-HELP debts  

Incurring SA-HELP debts

137-16(1)    
A person incurs a debt to the Commonwealth if, under section 128-1, the Commonwealth:

(a) makes a loan to the person; and

(b) uses the amount lent to make a payment of the person's liability to pay a *student services and amenities fee.

The debt is an SA-HELP debt .

137-16(2)    
The amount of the *SA-HELP debt is an amount equal to the loan.

When SA-HELP debts are incurred

137-16(3)    
An *SA-HELP debt is taken to have been incurred by a person immediately after the day on which the *student services and amenities fee to which the loan relates is payable, whether or not the Commonwealth has made a payment in respect of the fee.

Remission of SA-HELP debts

137-16(4)    
A person's *SA-HELP debt in relation to a *student services and amenities fee imposed by a higher education provider is taken to be remitted if, under section 128-5, the provider must repay the Commonwealth the amount the Commonwealth paid the provider in relation to the fee.

SECTION 137-17   STARTUP-HELP debts  

Incurring STARTUP-HELP debts

137-17(1)    
A person incurs a debt to the Commonwealth if, under section 128D-1, the Commonwealth:

(a)    makes a loan to the person; and

(b)    uses the amount lent to make a payment in discharge of the person's liability to pay an *accelerator program course fee for an *accelerator program course.

The debt is a STARTUP-HELP debt .

137-17(2)    
The amount of the *STARTUP-HELP debt is the amount of the loan.

When STARTUP-HELP debts are incurred

137-17(3)    
A *STARTUP-HELP debt is taken to have been incurred by a person immediately after the *census date for the course, whether or not the Commonwealth has made a payment in respect of the person's *accelerator program course fee for the course.

Remission of STARTUP-HELP debts

137-17(4)    
A person's *STARTUP-HELP debt in relation to an *accelerator program course is taken to be remitted if an amount of *STARTUP-HELP assistance that a person received for the course is *reversed under Division 128E.

SECTION 137-18   VET FEE-HELP debts  

Incurring VET FEE-HELP debts

137-18(1)    
A person incurs a debt to the Commonwealth if, under clause 55 of Schedule 1A, the Commonwealth:

(a) makes a loan to the person; and

(b) uses the amount lent to make a payment in discharge of the person's liability to pay his or her *VET tuition fee for a *VET unit of study.The debt is a VET FEE-HELP debt .

137-18(2)    

The amount of the *VET FEE-HELP debt is:

(a) 120% of the loan; or

(b) if the *VET Guidelines specify a lesser percentage of the loan for the person - that lesser percentage of the loan.

Note:

For specification by class, see subsection 13(3) of the Legislation Act 2003.

When VET FEE-HELP debts are incurred

137-18(3)    
A *VET FEE-HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person's *VET tuition fee for the unit.

Remission of VET FEE-HELP debts

137-18(4)    

A person's *VET FEE-HELP debt in relation to a *VET unit of study is taken to be remitted if the person's *HELP balance is re-credited under clause 46, 46A, 46AA, 47 or 51 of Schedule 1A in relation to the unit.

Note:

The debt is taken to be remitted even if the person's HELP balance is not increased by an amount equal to the amount re-credited.

137-18(5)    

A person's *VET FEE-HELP debt in relation to a *VET unit of study is taken to be remitted to the extent that the person's *HELP balance is re-credited under clause 46B of Schedule 1A in relation to the unit.

SECTION 137-19   Pre-1 July 2019 VSL debts  

137-19(1)    

A debt incurred under this section as in force at any time before 1 July 2019 is a pre-1 July 2019 VSL debt .

137-19(2)    
(Repealed by No 116 of 2018)

137-19(3)    
(Repealed by No 116 of 2018)

137-19(4)    

A person's *pre-1 July 2019 VSL debt, in relation to a loan amount (within the meaning of this section as in force at the time the debt was incurred), is taken to be remitted if the person's *HELP balance is re-credited under Part 6 of the VET Student Loans Act 2016 in relation to the loan amount.

Note:

The person's HELP balance may also be re-credited under section 128-25 of this Act (re-crediting on discharge of HELP debt etc.), but in those circumstances there is no related remission of debt under this subsection.

SECTION 137-20  

137-20   HELP debt discharged by death  
Upon the death of a person who owes a *HELP debt to the Commonwealth, the debt is taken to have been paid.

Note:

HELP debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act 1966.

Division 140 - How are accumulated HELP debts worked out?  

Subdivision 140-A - Outline of this Division  

SECTION 140-1   Outline of this Division  

140-1(1)    
There are 2 stages to working out a person's *accumulated HELP debt for a financial year.

Stage 1 - Former accumulated HELP debt

140-1(2)    
The *former accumulated HELP debt is worked out by adjusting the preceding financial year's *accumulated HELP debt to take account of:

(a)    

changes in the Consumer Price Index and the Wage Price Index; and

(b)    the *HELP debts that he or she incurs during the last 6 months of the preceding financial year; and

(c)    *voluntary repayments of the debt; and

(d)    

*compulsory repayment amounts in respect of the debt.

(e) (Repealed by No 55 of 2016)

(See Subdivision 140-B.)

Stage 2 - Accumulated HELP debt

140-1(3)    
The person's *accumulated HELP debt is worked out from:

(a)    his or her *former accumulated HELP debt; and

(b)    the *(HELP debts that he or she incurs during the first 6 months of the financial year; and

(c)    *voluntary repayments of those debts; and

(d)    

reductions of those debts under section 142-15 or 144-10.

(See Subdivision 140-C.)

Note:

Incurring that financial year's accumulated HELP debt discharges the previous accumulated HELP debt and HELP debts under this Part: see section 140-35.

Subdivision 140-B - Former accumulated HELP debts  

SECTION 140-5   Working out a former accumulated HELP debt  

140-5(1)    

A person's former accumulated HELP debt , in relation to the person's *accumulated HELP debt for a financial year, is worked out by multiplying:

(a)    the amount worked out using the following method statement; by

(b)    

the *HELP debt indexation factor for the person for 1 June in that financial year. Method statement

Example:

Lorraine is studying part time for a Degree of Bachelor of Communications. On 1 June 2013, Lorraine had an accumulated HELP debt of $15,000. She incurred a HELP debt of $1,500 on 31 March 2013. She made a voluntary repayment of $525 on 1 May 2014. Lorraine lodged her 2012-13 income tax return and a compulsory repayment amount of $3,000 was assessed and notified on her income tax notice of assessment on 3 September 2013.

To work out Lorraine's former accumulated HELP debt before indexation on 1 June 2014:

Step 1:	Take the previous accumulated HELP debt of $15,000 on 1 June 2013.
Step 2:	Add the HELP debt of $1,500 incurred on 31 March 2013.
Step 3:	Subtract the $525 voluntary repayment made on 1 May 2014.
Step 4:	Subtract the $3,000 compulsory repayment assessed on 3 September 2013.
Step 4A:	(Repealed by No 55 of 2016)
Step 5 and 6:	Do not apply because since 1 June 2013 Lorraine had no amendments to any assessment.
	Lorraine's former accumulated HELP debt before indexation on 1 June 2014 is:
	($15,000 + $1,500) − ($525 + $3000) = $12,975
	If, for example, the indexation factor for 1 June 2014 were 1.030, then the former accumulated HELP debt would be:
	$12,975 × 1.030 = $13,364.25

140-5(2)    
For the purposes of this section, an assessment, or an amendment of an assessment, is taken to have been made on the day specified in the notice of assessment, or notice of amended assessment, as the date of issue of that notice.

140-5(3)    
(Repealed by No 55 of 2016)

SECTION 140-10   HELP debt indexation factor  

140-10(1)    

The HELP debt indexation factor for a person for 1 June in a financial year is the number (rounded to 3 decimal places):

(a)    

if the *Secretary has determined, under section 142-10 or 144-5, that the indexation of the person's *accumulated HELP debt for the financial year is to be reduced - worked out using the formula in subsection (1A); and

(b)    

in any other case - that is the lower of the *CPI indexation factor for 1 June in the financial year (see subsection (1B)) and the *WPI indexation factor for 1 June in the financial year (see subsection (1C)).

140-10(1A)    

For the purposes of paragraph (1)(a), the formula to work out the *HELP debt indexation factor for the person is:

where:

A
means the *HELP debt indexation factor for 1 June in the financial year within the meaning of paragraph (1)(b).

B
means the number of days in the applicable calendar year determined for the person by the *Secretary under subsection 142-10(2) or 144-5(2).

140-10(1B)    

The CPI indexation factor for 1 June in a financial year is worked out using the following method statement: Method statement

140-10(1C)    

The WPI indexation factor for 1 June in a financial year is worked out using the following method statement: Method statement

140-10(2)    
For the purposes of rounding a *HELP debt indexation factor, the third decimal place is rounded up if, apart from the rounding:

(a)    the factor would have 4 or more decimal places; and

(b)    the fourth decimal place would be a number greater than 4.

SECTION 140-15  

140-15   Index numbers  
(Repealed by No 76 of 2018)

SECTION 140-20  

140-20   Publishing HELP debt indexation factors  

The *Commissioner must cause to be published before 1 June in each financial year the *HELP debt indexation factor within the meaning of paragraph 140-10(1)(b) for that 1 June.

Subdivision 140-C - Accumulated HELP debts  

SECTION 140-25   Working out an accumulated HELP debt  

140-25(1)    

A person's accumulated HELP debt , for a financial year, is worked out as follows:

Former accumulated HELP debt

+

HELP debts incurred

−

HELP debt repayments

−

Location-preferred HELP debtor reduction

where:

former accumulated HELP debt
is the 's *former accumulated HELP debt in relation to that *accumulated HELP debt.

HELP debt repayments
is the sum of all of the *voluntary repayments (if any) paid, on or after 1 July in the financial year and before 1 June in that year, in reduction of the *HELP debts incurred in that year.

HELP debts incurred
means the amount worked out using the method statement in subsection (1A).

location-preferred HELP debtor reduction
means the amount by which the person's *accumulated HELP debt is to be reduced as a result of a determination made by the *Secretary in relation to the person under section 142-15 or 144-10:

(a) on or after 1 June in the preceding financial year; and

(b) before 1 June in the financial year.

very remote HELP debtor reduction
(Repealed by No 3 of 2023)

Example:

Paula is studying part-time for a Degree of Bachelor of Science. On 1 June 2009, her former accumulated HELP debt was worked out using Subdivision 140-B to be $20,000. She incurred a HELP debt of $1,500 on 31 August 2008. No repayments have been made in the 12 months from 1 June 2008.

Paula's accumulated HELP debt on 1 June 2009 is worked out by taking her former accumulated HELP debt of $20,000 and adding the $1,500 HELP debt incurred on 31 August 2008. That is:

$20,000 + $1,500 = $21,500

140-25(1A)    

For the purposes of the definition of HELP debts incurred in subsection (1), use the following method statement: Method statement

140-25(2)    
The person incurs the *accumulated HELP debt on 1 June in the financial year.

140-25(3)    
The first financial year for which a person can have an *accumulated HELP debt is the financial year starting on 1 July 2005.

SECTION 140-30   Rounding of amounts  

140-30(1)    
If, apart from this section, a person's *accumulated HELP debt would be an amount consisting of a number of whole dollars and a number of cents, disregard the number of cents.

140-30(2)    
If, apart from this section, a person's *accumulated HELP debt would be an amount of less than one dollar, the person's accumulated HELP debt is taken to be zero.

SECTION 140-35   Accumulated HELP debt discharges earlier debts  

140-35(1)    
The ^"accumulated HELP debt that a person incurs on 1 June in a financial year discharges, or discharges the unpaid part of:

(a) any *HELP debt that the person incurred during the calendar year immediately preceding that day; and

(b) any accumulated HELP debt that the person incurred on the immediately preceding 1 June.

140-35(2)    
Nothing in subsection (1) affects the application of Division 137, Subdivision 140-B or section 140-25.

SECTION 140-40   Accumulated HELP debt discharged by death  

140-40(1)    
Upon the death of a person who has an *accumulated HELP debt, the accumulated HELP debt is taken to be discharged.

140-40(2)    
To avoid doubt, this section does not affect any *compulsory repayment amounts required to be paid in respect of the *accumulated HELP debt, whether or not those amounts were assessed before the person's death.

Note:

Accumulated HELP debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act 1966.

Division 142 - Special measures for location-preferred HELP debtors - teachers  

SECTION 142-1   Meaning of location-preferred HELP debtor (teacher)  

142-1(1)    

A person is a location-preferred HELP debtor (teacher) on a day if:

(a)    the person carries out work as a teacher on that day at a school located in an area that is classified as very remote Australia under the *ABS Remoteness Structure; and

(b)    the person has completed a *course of study in education; and

(c)    the person incurred a *HECS-HELP debt or a *FEE-HELP debt in relation to that course of study.

142-1(2)    
For the purposes of paragraph (1)(a), a school is any of the following:

(a)    

an approved child care service (within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 that is a centre-based day care service;

(b)    a preschool;

(c)    a school providing primary or secondary education.

142-1(3)    

For the purposes of this Division, the HELP Debtor Guidelines (Teachers) may set out:

(a)    circumstances in which a person is taken, or is taken not, to carry out work as a teacher on a day; or

(b)    circumstances in which a person is taken, or is taken not, to carry out such work at a school located in an area that is classified as very remote Australia under the *ABS Remoteness Structure; or

(c)    

circumstances in which a person is taken, or is taken not, to be a *location-preferred HELP debtor (teacher) for particular periods.

SECTION 142-5   Meaning of course of study in education  

142-5(1)    
Subject to subsection (2), a course of study in education means a *course of study, completion of which would satisfy the minimum academic requirements for registration as a teacher by an authority of a State or Territory.

142-5(2)    

The HELP Debtor Guidelines (Teachers) may specify *courses of study that are, or are not, *courses of study in education.

SECTION 142-10   Reducing indexation of accumulated HELP debts  

142-10(1)    
The *Secretary must, on the application of a person under subsection (4), determine that the indexation of the person's *accumulated HELP debt for a financial year is to be reduced if:

(a)    

on 1 June of the financial year in relation to which the application is made, the person has an *accumulated HELP debt; and

(b)    

the Secretary is satisfied that the person:

(i) was a *location-preferred HELP debtor (teacher) at any time during the calendar year (the applicable calendar year ) ending on 31 December in the financial year; and

(ii) has met such other requirements (if any) as are specified in the HELP Debtor Guidelines (Teachers) for the purposes of this subparagraph.

142-10(2)    

If the *Secretary determines that the indexation of the person's *accumulated HELP debt for a financial year is to be reduced, the Secretary must determine the number of days in the applicable calendar year in respect of which the person was a *location-preferred HELP debtor (teacher).

142-10(3)    

The *Secretary must, within the period specified by subsection (3A), give notice to the person of the Secretary's decision on that application. The notice must:

(a)    be in writing; and

(b)    if the Secretary determines that the indexation of the person's accumulated HELP debt for a financial year is to be reduced - state the number of days determined by the Secretary under subsection (2).

142-10(3A)    

For the purposes of subsection (3), the period is:

(a)    the period of 60 days after the day the *Secretary receives the application under subsection (4); or

(b)    any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.

Note:

The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206-5.

142-10(3B)    

If the notice states a number of days by which indexation of the person's *accumulated HELP debt is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

142-10(4)    
A person may apply to the *Secretary for a determination under subsection (1) that the indexation of the person's *accumulated HELP debt for a financial year be reduced. The application must:

(a)    be in writing; and

(b)    be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and

(c)    include the person's *tax file number; and

(d)    

meet any requirements specified by the HELP Debtor Guidelines (Teachers) for the purposes of this paragraph.

SECTION 142-15   Reducing accumulated HELP debts  

142-15(1)    
The *Secretary must, on the application of a person under subsection (5), determine that the person's *accumulated HELP debt is to be reduced in relation to a *course of study in education by a specified amount if:

(a)    

the Secretary is satisfied that the person:

(i) has been a *location-preferred HELP debtor (teacher) for a period of 4 years, or for periods within a continuous 6 year period that total 4 years; and

(ii) has met such other requirements (if any) as are specified in the HELP Debtor Guidelines (Teachers) for the purposes of this subparagraph; and

(b)    the Secretary has not previously determined under this section that the person's accumulated HELP debt is to be reduced in relation to a course of study in education.

142-15(2)    
If the *Secretary determines that a person's *accumulated HELP debt is to be reduced, the amount by which that debt is reduced is the amount equal to the lesser of the following:

(a)    the sum of the amounts of *HECS-HELP debt and *FEE-HELP debt incurred by the person in respect of units of study:

(i) with a total *EFTSL value of not more than 5.0 *EFTSL; and

(ii) undertaken as part of the *course of study in education mentioned in subsection (1);

(b)    the amount of the person's accumulated HELP debt at the start of the period of 4 years, or at the start of the first period of the periods totalling 4 years, referred to in subparagraph (1)(a)(i).

142-15(3)    
To avoid doubt, subsection (2) may have the effect of reducing a person's *accumulated HELP debt for a financial year to less than zero.

142-15(4)    

The *Secretary must, within the period specified by subsection (4A), notify the person of the Secretary's decision on that application. The notice must:

(a)    be in writing; and

(b)    if the Secretary has determined that the person's *accumulated HELP debt is to be reduced - state the amount by which that debt is to be reduced.

142-15(4A)    

For the purposes of subsection (4), the period is:

(a)    the period of 60 days after the day the *Secretary receives the application under subsection (5); or

(b)    any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.

Note:

The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206-5.

142-15(4B)    

If the notice states an amount by which the person's *accumulated HELP debt is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

142-15(5)    
A person may apply to the *Secretary for a determination under subsection (1) that the person's *accumulated HELP debt be reduced. The application must:

(a)    be in writing; and

(b)    be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and

(c)    include the person's *tax file number; and

(d)    

meet any requirements specified by the HELP Debtor Guidelines (Teachers) for the purposes of this paragraph.

SECTION 142-20  

142-20   Refunding amounts  

If:

(a) the *Secretary has determined, for the purposes of section 142-15, that a person's *accumulated HELP debt is to be reduced by an amount; and

(b) the amount exceeds the sum of:

(i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and

(ii) the total amount of the person's primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);

the Commonwealth must refund to the person an amount equal to that excess.

Division 144 - Special measures for location-preferred HELP debtors - health practitioners  

SECTION 144-1   Meaning of location-preferred HELP debtor (health practitioner)  

144-1(1)    
A person is a location-preferred HELP debtor (health practitioner) in relation to a *course of study if:

(a)    the person has completed the course of study; and

(b)    the course of study is covered by subsection (2); and

(c)    the person incurred a *HECS-HELP debt or a *FEE-HELP debt in relation to the course of study; and

(d)    the person holds the registration or accreditation as a kind of health practitioner for the course of study specified by the HELP Debtor Guidelines (Health Practitioners) (the Guidelines ) for the purposes of this paragraph; and

(e)    the person carries out work as that kind of health practitioner in the circumstances (if any) specified by the Guidelines for the purposes of this paragraph; and

(f)    the work is carried out in an area specified by the Guidelines, by reference to the *ABS Remoteness Structure, as a rural area, a remote area or a very remote area for the purposes of this paragraph; and

(g)    the number of hours during which the person carries out work is not less than the minimum number of hours (if any) specified for a health practitioner of that kind by the Guidelines for the purposes of this paragraph; and

(h)    the person satisfies any other applicable requirements specified by the Guidelines for the purposes of this paragraph.

Eligible courses of study

144-1(2)    
For the purposes of this Division, a *course of study is covered by this subsection if:

(a)    it is a *course of study in medicine specified by the Guidelines for the purposes of this paragraph; or

(b)    it is a course of study:

(i) the completion of which would allow a person to be registered as a nurse practitioner within the meaning of the Health Insurance Act 1973; and

(ii) that is specified by the Guidelines for the purposes of this subparagraph; or

(c)    it is a course of study otherwise specified by the Guidelines for the purposes of this paragraph.

HELP Debtor Guidelines (Health Practitioners)

144-1(3)    
Without limiting subsection 238-10(1), the Guidelines may set out:

(a)    circumstances in which a person is taken, or is taken not, to carry out work as a *location-preferred HELP debtor (health practitioner) as a particular kind of health practitioner; or

(b)    circumstances in which a person is taken, or is taken not, to carry out such work in a rural area, a remote area or a very remote area; or

(c)    circumstances in which a person is taken, or is taken not, to be a location-preferred HELP debtor (health practitioner) in relation to a *course of study for particular periods.

SECTION 144-5   Reducing indexation of accumulated HELP debts  

144-5(1)    
The *Secretary must, on the application of a person under subsection (6), determine that the indexation of the person's *accumulated HELP debt for a *course of study is to be reduced in relation to a financial year if:

(a)    on 1 June of the financial year in relation to which the application is made, the person has an accumulated HELP debt for the course of study; and

(b)    the Secretary is satisfied that the person:

(i) was a *location-preferred HELP debtor (health practitioner) in relation to the course of study at any time during the calendar year (the applicable calendar year ) ending on 31 December in the financial year; and

(ii) has met such other requirements (if any) as are specified in the HELP Debtor Guidelines (Health Practitioners) for the purposes of this subparagraph.

144-5(2)    
If the *Secretary determines that the indexation of the person's *accumulated HELP debt for a *course of study is to be reduced in relation to a financial year, the Secretary must determine the number of days in the applicable calendar year in respect of which the person was a *location-preferred HELP debtor (health practitioner) for the course of study.

144-5(3)    
The *Secretary must, within the period specified by subsection (4), give notice to the person of the Secretary's decision on that application. The notice must:

(a)    be in writing; and

(b)    if the Secretary determines that the indexation of the person's *accumulated HELP debt for the *course of study is to be reduced in relation to a financial year - state the number of days determined by the Secretary under subsection (2).

144-5(4)    
For the purposes of subsection (3), the period is:

(a)    the period of 60 days after the day the *Secretary receives the application under subsection (6); or

(b)    any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.

Note:

The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206-5.

144-5(5)    
If the notice states a number of days by which indexation of the person's *accumulated HELP debt for the *course of study is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

144-5(6)    
A person may apply to the *Secretary for a determination under subsection (1) that the indexation of the person's *accumulated HELP debt for a *course of study be reduced in relation to a financial year. The application must:

(a)    be in writing; and

(b)    be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and

(c)    include the person's *tax file number; and

(d)    meet any requirements specified by the HELP Debtor Guidelines (Health Practitioners) for the purposes of this paragraph.

144-5(7)    
The *Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (6).

SECTION 144-10   Reducing accumulated HELP debts  

144-10(1)    
The *Secretary must, on the application of a person under subsection (7), determine that the person's *accumulated HELP debt for a *course of study is to be reduced by a specified amount if the Secretary is satisfied that the person:

(a)    has been a *location-preferred HELP debtor (health practitioner) in relation to the course of study for one or more periods that, in total, are not less than the minimum period specified for the course of study by the HELP Debtor Guidelines (Health Practitioners); and

(b)    has met such other requirements (if any) as are specified in those Guidelines for the purposes of this paragraph.

144-10(2)    
If the *Secretary determines that a person's *accumulated HELP debt for a *course of study is to be reduced, the amount by which that debt is reduced must not exceed the lesser of the following:

(a)    the sum of the amounts of *HECS-HELP debt and *FEE-HELP debt incurred by the person in respect of units of study:

(i) with a total *EFTSL value not exceeding the maximum amount for the course of study specified in the HELP Debtor Guidelines (Health Practitioners) for the purposes of this subparagraph; and

(ii) undertaken as part of the course of study;

(b)    the amount of the person's accumulated HELP debt for the course of study on the day the person first becomes a *location-preferred HELP debtor (health practitioner) in relation to the course of study.

144-10(3)    
To avoid doubt, this section may have the effect of reducing a person's *accumulated HELP debt for a financial year to less than zero.

144-10(4)    
The *Secretary must, within the period specified by subsection (5), notify the person of the Secretary's decision on that application. The notice must:

(a)    be in writing; and

(b)    if the Secretary has determined that the person's *accumulated HELP debt for the *course of study is to be reduced - state the amount by which that debt is to be reduced.

144-10(5)    
For the purposes of subsection (4), the period is:

(a)    the period of 60 days after the day the *Secretary receives the application under subsection (7); or

(b)    any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.

Note:

The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206-5.

144-10(6)    
If the notice states an amount by which the person's *accumulated HELP debt for the *course of study is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

144-10(7)    
A person may apply to the *Secretary for a determination under subsection (1) that the person's *accumulated HELP debt for a *course of study be reduced. The application must:

(a)    be in writing; and

(b)    be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and

(c)    include the person's *tax file number; and

(d)    meet any requirements specified by the HELP Debtor Guidelines (Health Practitioners) for the purposes of this paragraph.

144-10(8)    
The *Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (7).

SECTION 144-15  

144-15   Refunding amounts  

If:

(a)    the *Secretary has determined, for the purposes of section 144-10, that a person's *accumulated HELP debt for a *course of study is to be reduced by an amount; and

(b)    the amount exceeds the sum of:

(i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and

(ii) the total amount of the person's primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);

the Commonwealth must refund to the person an amount equal to that excess.

SECTION 144-20   Reviews of this Division  

144-20(1)    
The Minister must cause to be conducted independent reviews of the operation of this Division before:

(a)    1 July 2025; and

(b)    1 July 2028.

144-20(1A)    
Each review must consider, and make recommendations to the Commonwealth Government about, the expansion of the policy implemented by this Division to other sectors of high skills need in rural, remote and very remote Australia, including the health, mental health and education sectors.

144-20(1B)    
Each review should consult with rural and remote communities and their health, mental health and education service providers and specifically, the following must be consulted as part of each review:

(a)    the National Rural Health Commissioner;

(b)    the Regional Education Commissioner.

Report

144-20(2)    
The Minister must cause to be prepared a report of each review under subsection (1) within 3 months of the commencement of the relevant review.

144-20(3)    
The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.

Response to report

144-20(4)    
The Minister must:

(a)    prepare a written statement in response to the report; and

(b)    cause a copy of the statement to be tabled in each House of the Parliament within 30 sitting days of that House after the copy of the report is tabled in that House.

PART 4-2 - DISCHARGE OF INDEBTEDNESS  

Division 148 - Introduction  

SECTION 148-1  

148-1   What this Part is about  

A person who owes a debt to the Commonwealth under this Chapter may make voluntary repayments.

The person is required to make repayments, of amounts based on his or her income, if that income is above a particular amount. The Commissioner of Taxation makes assessments of repayment amounts, which are collected in the same way as amounts of income tax.

SECTION 148-3  

148-3   The Overseas Debtors Repayment Guidelines  

Repayments by *foreign residents are also dealt with in the Overseas Debtors Repayment Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note:

The Overseas Debtors Repayment Guidelines are made by the Minister under section 238-10.

SECTION 148-5  

148-5   The HECS-HELP Benefit Guidelines  
(Repealed by No 55 of 2016)

Division 151 - How is indebtedness voluntarily discharged?  

SECTION 151-1   Voluntary repayments in respect of debts  

151-1(1)    
A person may at any time make a payment in respect of a debt that the person owes to the Commonwealth under this Chapter.

151-1(2)    
The payment must be made to the *Commissioner.

SECTION 151-5  

151-5   Voluntary repayment bonus relating to HELP debts  
(Repealed by No 169 of 2015)

SECTION 151-10   Application of voluntary repayments  

151-10(1)    
Any money a person pays under this Division to meet the person's debts to the Commonwealth under this Chapter is to be applied in payment of those debts as the person directs at the time of the payment.

151-10(2)    
If the person has not given any directions, or the directions given do not adequately deal with the matter, any money available is to be applied as follows:

(a) first, in discharge or reduction of any *accumulated HELP debt of the person;

(b) secondly, in discharge or reduction of:

(i) any *HELP debt of the person; or

(ii) if there is more than one such debt, those debts in the order in which they were incurred.

SECTION 151-15  

151-15   Refunding of payments  
If:

(a) a person pays an amount to the Commonwealth under this Division; and

(b) the amount exceeds the sum of:

(i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and

(ii) the total amount of the person's primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);

the Commonwealth must refund to the person an amount equal to that excess.

Note:

Interest is payable if the Commonwealth is late in paying refunds: see Part IIIA of the Taxation (Interest on Overpayments and Early Payments) Act 1983.

Division 154 - How is indebtedness compulsorily discharged?  

Subdivision 154-A - Liability to repay amounts  

SECTION 154-1   Liability to repay amounts  

154-1(1)    

If:

(a) a person's *repayment income for an *income year exceeds the *minimum repayment income for the income year; and

(b) on 1 June immediately preceding the making of an assessment in respect of the person's income of that income year, the person had an *accumulated HELP debt;

the person is liable to pay to the Commonwealth, in accordance with this Division, the amount worked out under section 154-20 in reduction of the person's *repayable debt.

154-1(2)    
A person is not liable under this section to pay an amount for an *income year if, under section 8 of the Medicare Levy Act 1986:

(a) no *Medicare levy is payable by the person on the person's *taxable income for the income year; or

(b) the amount of the Medicare levy payable by the person on the person's taxable income for the income year is reduced.

SECTION 154-3  

154-3   Reduction of liability by HECS-HELP benefit  
(Repealed by No 55 of 2016)

SECTION 154-5   Repayment income  

154-5(1)    
A person's repayment income for an *income year is an amount equal to the sum of:

(a) the person's *taxable income for the income year, disregarding the person's assessable FHSS released amount (within the meaning of the Income Tax Assessment Act 1997) for the income year; and

(b) the person's total net investment loss (within the meaning of the Income Tax Assessment Act 1997) for the income year; and

(c) if the person:

(i) is an employee (within the meaning of the Fringe Benefits Tax Assessment Act 1986); and

(ii) has a reportable fringe benefits total (within the meaning of that Act) for the income year;

the reportable fringe benefits total for the income year; and

(d) the person's *exempt foreign income for the income year; and

(e) the person's reportable superannuation contributions (within the meaning of the Income Tax Assessment Act 1997) for the income year.

154-5(2)    
(Repealed by No 27 of 2009)

154-5(3)    
(Repealed by No 27 of 2009)

154-5(4)    
The person's exempt foreign income is the total amount (if any) by which the person's income that is exempt from tax under section 23AF or 23AG of the Income Tax Assessment Act 1936 exceeds the total amount of losses and outgoings that the person incurs in deriving that exempt income.

154-5(5)    
For the purposes of subsection (4), disregard any capital losses and outgoings.

SECTION 154-10  

154-10   Minimum repayment income  
The minimum repayment income for an *income year is:

(a) for the 2019-20 income year - $45,880; or

(b) for a later income year - that amount as indexed under section 154-25.

SECTION 154-15   Repayable debt for an income year  

154-15(1)    
A person's repayable debt for an *income year is:

(a) the person's *accumulated HELP debt referred to in paragraph 154-1(1)(b) in relation to that income year; or

(b) if one or more amounts:

(i) have been paid in reduction of that debt; or

(ii) have been assessed under section 154-35 to be payable in respect of that debt;

the amount (if any) remaining after deducting from that debt the amount, or sum of the amounts, so paid or assessed to be payable.

154-15(2)    
A reference in paragraph (1)(b) to an amount assessed to be payable is, if the amount has been increased or reduced by an amendment of the relevant assessment, a reference to the increased amount or the reduced amount.

Subdivision 154-AA - Liability of overseas debtors to repay amounts  

SECTION 154-16  

154-16   Liability of overseas debtors to repay amounts  

If:

(a) a person is a *foreign resident during an *income year; and

(b) the person's *assessed worldwide income for the income year exceeds the *minimum repayment income for the income year; and

(c) on 1 June immediately preceding the making of an assessment in respect of the person's income of that income year, the person had an *accumulated HELP debt;

the person is liable to pay to the Commonwealth, in accordance with this Division, a levy of the amount worked out under section 154-32.

Note:

An amount a person is liable to pay under this section is imposed as a levy under the Student Loans (Overseas Debtors Repayment Levy) Act 2015.

SECTION 154-17   Assessed worldwide income  

154-17(1)    
A person's assessed worldwide income for an *income year is an amount equal to the sum of:

(a) the person's *repayment income for the income year; and

(b) the person's foreign-sourced income for the income year, converted into Australian currency.

154-17(2)    
The Overseas Debtors Repayment Guidelines may provide for how to work out a person's foreign-sourced income for an *income year, including how to convert it into Australian currency.

154-17(3)    
Without limiting subsection (2), the Overseas Debtors Repayment Guidelines may provide for a person's foreign-sourced income for an income year to be worked out in relation to a period that does not correspond to that *income year.

SECTION 154-18   Notices to be given to the Commissioner  

Notice relating to leaving Australia

154-18(1)    
A person who:

(a) has an *accumulated HELP debt or otherwise has a *HELP debt that has not yet been discharged; and

(b) leaves Australia (other than in circumstances specified in the Overseas Debtors Repayment Guidelines) with the intention of remaining outside Australia for at least 183 days;

must, no later than 7 days after leaving Australia, give a notice to the *Commissioner in the *approved form.

Notice relating to absence from Australia

154-18(2)    
A person who:

(a) has an *accumulated HELP debt or otherwise has a *HELP debt that has not yet been discharged; and

(b) has been outside Australia for at least 183 days (other than in circumstances specified in the Overseas Debtors Repayment Guidelines) in any 12 month period; and

(c) was not required under subsection (1) to give a notice to the *Commissioner in connection with that absence from Australia;

must, no later than 7 days after the end of those 183 days, give a notice to the Commissioner in the *approved form.

Notice relating to income (including foreign-sourced income)

154-18(3)    
A person who:

(a) is a *foreign resident; and

(b) on 1 June immediately preceding an *income year, had an *accumulated HELP debt;

must (other than in circumstances specified in the Overseas Debtors Repayment Guidelines) give to the *Commissioner, in the *approved form, a notice relating to the person's income (including foreign-sourced income) for the income year. The notice must be given within the period specified in the form.

Note:

The Commissioner may defer the time for giving the return: see section 388-55 in Schedule 1 to the Taxation Administration Act 1953.

Content of notices under this section

154-18(4)    
The Overseas Debtors Repayment Guidelines may provide for the content of notices under this section.

Subdivision 154-B - Amounts payable to the Commonwealth  

SECTION 154-20  

154-20   Amounts payable to the Commonwealth  

The amount that a person is liable to pay under section 154-1, in respect of an *income year, is an amount equal to so much of the person's *repayable debt for theincome year as does not exceed the percentage of the person's *repayment income that is applicable under the following table:

Applicable percentages
Item	If the person's repayment income is:	The percentage applicable is:
1	More than the *minimum repayment income, but less than: (a) for the 2019-20 *income year - $52,974; or (b) for a later income year - that amount indexed under section 154-25.	1%
2	More than or equal to the amount under item 1, but less than: (a) for the 2019-20 *income year - $56,152; or (b) for a later income year - that amount indexed under section 154-25.	2%
3	More than or equal to the amount under item 2, but less than: (a) for the 2019-20 *income year - $59,522; or (b) for a later income year - that amount indexed under section 154-25.	2.5%
4	More than or equal to the amount under item 3, but less than: (a) for the 2019-20 *income year - $63,093; or (b) for a later income year - that amount indexed under section 154-25.	3%
5	More than or equal to the amount under item 4, but less than: (a) for the 2019-20 *income year - $66,878; or (b) for a later income year - that amount indexed under section 154-25.	3.5%
6	More than or equal to the amount under item 5, but less than: (a) for the 2019-20 *income year - $70,891; or (b) for a later income year - that amount indexed under section 154-25.	4%
7	More than or equal to the amount under item 6, but less than: (a) for the 2019-20 *income year - $75,145; or (b) for a later income year - that amount indexed under section 154-25.	4.5%
8	More than or equal to the amount under item 7, but less than: (a) for the 2019-20 *income year - $79,653; or (b) for a later income year - that amount indexed under section 154-25.	5%
9	More than or equal to the amount under item 8, but less than: (a) for the 2019-20 *income year - $84,433; or (b) for a later income year - that amount indexed under section 154-25.	5.5%
10	More than or equal to the amount under item 9, but less than: (a) for the 2019-20 *income year - $89,499; or (b) for a later income year - that amount indexed under section 154-25.	6%
11	More than or equal to the amount under item 10, but less than: (a) for the 2019-20 *income year - $94,869; or (b) for a later income year - that amount indexed under section 154-25.	6.5%
12	More than or equal to the amount under item 11, but less than: (a) for the 2019-20 *income year - $100,561; or (b) for a later income year - that amount indexed under section 154-25.	7%
13	More than or equal to the amount under item 12, but less than: (a) for the 2019-20 *income year - $106,594; or (b) for a later income year - that amount indexed under section 154-25.	7.5%
14	More than or equal to the amount under item 13, but less than: (a) for the 2019-20 *income year - $112,990; or (b) for a later income year - that amount indexed under section 154-25.	8%
15	More than or equal to the amount under item 14, but less than: (a) for the 2019-20 *income year - $119,770; or (b) for a later income year - that amount indexed under section 154-25.	8.5%
16	More than or equal to the amount under item 15, but less than: (a) for the 2019-20 *income year - $126,956; or (b) for a later income year - that amount indexed under section 154-25.	9%
17	More than or equal to the amount under item 16, but less than: (a) for the 2019-20 *income year - $134,573; or (b) for a later income year - that amount indexed under section 154-25.	9.5%
18	More than or equal to the amount under item 17.	10%

SECTION 154-25   Indexation  

154-25(1)    

The following amounts for the 2020-21 *income year, or a later income year:

(a)    the *minimum repayment income;

(b)    the amounts referred to in paragraph (a) of the second column of items 1 to 17 of the table in section 154-20;

are indexed by multiplying the corresponding amounts for the 2019-20 income year by the amount worked out using the formula:

The sum of the *CPI index numbers for the *quarter ending on 31 December immediately before the income year and the 3 quarters immediately preceding that quarter

The sum of the *CPI index numbers for the *quarter ending on 31 December immediately before the 2019-20 income year and the 3 quarters immediately preceding that quarter

154-25(2)    
(Repealed by No 76 of 2018)

154-25(3)    
(Repealed by No 76 of 2018)

154-25(4)    
If an amount worked out under this section is an amount made up of dollars and cents, round the amount down to the nearest dollar.

SECTION 154-30  

154-30   Publishing indexed amounts  

The Minister must cause to be published in the Gazette, before the start of the 2019-20 *income year or a later income year:

(a) the *minimum repayment income; and

(b) the amounts referred to in paragraph (b) of the second column of items 1 to 17 of the table in section 154-20;

for that income year.

SECTION 154-32  

154-32   Amounts payable to the Commonwealth by overseas debtors  

The amount of levy that a person is liable to pay under section 154-16, in respect of an *income year, is an amount equal to the difference between:

(a) the amount that the person would have been liable to pay under section 154-1 if:

(i) the person had a *repayment income for the income year of an amount equal to the person's *assessed worldwide income for the income year; and

(ii) subsection 154-1(2) did not apply to the person; and

(b) the amount (if any) the person is liable to pay under section 154-1, in respect of the income year.

Subdivision 154-C - Assessments  

SECTION 154-35  

154-35   Commissioner may make assessments  
The *Commissioner may, from any information in the Commissioner's possession, whether from a *return or otherwise, make an assessment of:

(a) the person's *accumulated HELP debt on 1 June immediately before the making of the assessment; and

(b) the amount required to be paid in respect of that debt under section 154-1 or 154-16.

SECTION 154-40  

154-40   Notification of notices of assessment of tax  

If:

(a) the *Commissioner is required to serve on a person a notice of assessment in respect of the person's income of an *income year under section 174 of the Income Tax Assessment Act 1936; and

(b) the Commissioner has made, in respect of the person, an assessment under section 154-35 of this Act of the amounts referred to in that section; and

(c) notice of the assessment under that section has not been served on the person;

notice of the assessment under that section may be served by specifying the amounts concerned in the notice referred to in paragraph (a).

SECTION 154-45   Commissioner may defer making assessments  

154-45(1)    
A person may apply in the *approved form to the *Commissioner for deferral of the making of an assessment in respect of the person under section 154-35.

154-45(2)    
The application must specify:

(a) the *income year for which the deferral is being sought; and

(b) the reasons for seeking the deferral.

154-45(3)    
The *income year specified in the application must be:

(a) the income year in which the person makes the application; or

(b) the immediately preceding income year; or

(c) the immediately succeeding income year.

154-45(4)    
The *Commissioner may, on application by a person under this section, defer making an assessment in respect of the person under section 154-35 if the Commissioner is of the opinion that:

(a) if the assessment were made, payment of the assessed amount would cause serious hardship to the person; or

(b) there are other special reasons that make it fair and reasonable to defer making the assessment.

154-45(5)    
The *Commissioner may defer making the assessment for any period that he or she thinks appropriate.

154-45(6)    
The *Commissioner must, as soon as practicable after an application is made under this section:

(a) consider the matter to which the application relates; and

(b) notify the applicant of the Commissioner's decision on the application.

Note:

Deferrals of making assessments, or refusals of applications, are reviewable under Part 5-7.

SECTION 154-50   Commissioner may amend assessments  

154-50(1)    
A person may apply in the *approved form to the *Commissioner for an amendment of an assessmentmade in respect of the person under section 154-35 so that:

(a) the amount payable under the assessment is reduced; or

(b) no amount is payable under the assessment.

154-50(2)    
The application:

(a) must be made within 2 years after the day on which the *Commissioner gives notice of the assessment to the person; or

(b) must specify the reasons justifying a later application.

154-50(3)    
The *Commissioner may, on application by a person under this section, amend an assessment made in respect of the person under section 154-35 so that:

(a) the amount payable under the assessment is reduced; or

(b) no amount is payable under the assessment;

if the Commissioner is of the opinion that:

(c) payment of the assessed amount has caused or would cause serious hardship to the person; or

(d) there are other special reasons that make it fair and reasonable to make the amendment.

(4)    
The *Commissioner must, as soon as practicable after an application is made under this section:

(a) consider the matter to which the application relates; and

(b) notify the applicant of the Commissioner's decision on the application.

Note:

Amendments of assessments, or refusals of applications, are reviewable under Part 5-7.

SECTION 154-55   Higher education providers etc. to provide information to Commissioner  

154-55(1)    
A higher education provider must give to the *Commissioner, if asked by the Commissioner to do so, any information:

(a)    

that is in its possession relating to students who have applied for one or more of the following:

(i) *HECS-HELP assistance or *FEE-HELP assistance for a unit of study;

(ii) *OS-HELP assistance in relation to a period of 6 months;

(iii) *SA-HELP assistance for a *student services and amenities fee for a period;

(iv) *STARTUP-HELP assistance for an *accelerator program course; and

(b)    that the Commissioner reasonably requires for the purposes of this Chapter.

154-55(2)    

*Open Universities Australia must give to the *Commissioner, if asked by the Commissioner to do so, any information:

(a)    that is in its possession relating to students who have applied for *FEE-HELP assistance for a unit of study; and

(b)    that the Commissioner reasonably requires for the purposes of this Chapter.

Subdivision 154-D - Application of tax legislation  

SECTION 154-60  

154-60   Returns, assessments, collection and recovery  
Subject to this Part:

(a) Part IV of the Income Tax Assessment Act 1936; and

(aa) Division 5 of the Income Tax Assessment Act 1997; and

(b) Part 4-15 in Schedule 1 to the Taxation Administration Act 1953;

apply, so far as they are capable of application, in relation to a *compulsory repayment amount of a person as if it were *income tax assessed to be payable by a taxpayer by an assessment made under Part IV of the Income Tax Assessment Act 1936.

SECTION 154-65   Charges and civil penalties for failing to meet obligations  

154-65(1)    
Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 has effect as if:

(a) any *compulsory repayment amount of a person were *income tax payable by the person in respect of the *income year in respect of which the assessment of that debt was made; and

(b) this Chapter, and Part 5-5, were *income tax laws.

154-65(2)    
Subsection (1) 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.

SECTION 154-70  

154-70   Pay as you go (PAYG) withholding  
Part 2-5 (other than section 12-55 and Subdivisions 12-E, 12-F and 12-G) in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of amounts of a *compulsory repayment amount of a person as if the compulsory repayment amount were *income tax.

SECTION 154-75  

154-75   Provisional tax  

(Repealed by No 101 of 2006)

SECTION 154-80  

154-80   Pay as you go (PAYG) instalments  
Division 45 in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of a *compulsory repayment amount of a person as if the compulsory repayment amount were *income tax.

SECTION 154-85  

154-85   Reduction of compulsory repayment amount by HECS-HELP benefit  
(Repealed by No 55 of 2016)

SECTION 154-90  

154-90   Failures to comply with section 154-18  

Part III of the Taxation Administration Act 1953 applies in relation to a failure to comply with section 154-18 of this Act as if that section were a taxation law (within the meaning of section 2 of that Act).

Division 157 - HECS-HELP benefit  

Subdivision 157-A - Who is eligible for the HECS-HELP benefit?  

SECTION 157-1  

157-1   Application for the HECS-HELP benefit  
(Repealed by No 55 of 2016)

SECTION 157-5  

157-5   Form of application  
(Repealed by No 6 of 2012)

SECTION 157-10  

157-10   Providing application to Commissioner  
(Repealed by No 55 of 2016)

Subdivision 157-B - What is the amount of the HECS-HELP benefit?  

SECTION 157-15  

157-15   Amount of HECS-HELP benefit  
(Repealed by No 55 of 2016)

Subdivision 157-C - Determination of applications  

SECTION 157-20  

157-20   Commissioner must determine application  
(Repealed by No 55 of 2016)

SECTION 157-25  

157-25   Notifying applicant of determination  
(Repealed by No 55 of 2016)

SECTION 157-30  

157-30   Review of determinations  
(Repealed by No 55 of 2016)

Chapter 5 - Administration  

Division 159 - Introduction  

SECTION 159-1   What this Chapter is about  

SECTION 159-5  

159-5   The Administration Guidelines  
Administrative matters are also dealt with in the Administration Guidelines. The provisions of this Chapter may indicate when a particular matter is or may be dealt with in these Guidelines.

Note:

The Administration Guidelines are made by the Minister under section 238-10.

PART 5-1 - PAYMENTS BY THE COMMONWEALTH  

Division 164 - Payments by the Commonwealth  

SECTION 164-1  

164-1   What this Part is about  

This Part contains general provisions relating to how the Commonwealth makes payments under this Act.

SECTION 164-5   Time and manner of payments  

164-5(1)    
Amounts payable by the Commonwealth to a higher education provider or other body under this Act are to be paid in such a way, including payment in instalments, as the Minister determines.

164-5(2)    
Payments of amounts payable by the Commonwealth to a higher education provider or other body under this Act are to be made at such times as the *Secretary determines.

SECTION 164-10   Advances  

164-10(1)    
The *Secretary may determine that an advance is to be made to a higher education provider or other body on account of an amount that is expected to become payable under a provision of this Act to the provider or other body.

164-10(1AA)    

The *Secretary may vary or revoke a determination made under subsection (1).

164-10(1A)    

If the advance exceeds the amount that becomes payable, an amount equal to the excess may be:

(a) deducted from any amount that is payable, or to be paid, to the provider or body under this Act; or

(b) recovered by the Commonwealth from the provider or body as a debt due to the Commonwealth.

164-10(1B)    

If the provider or other body uses the advance for a purpose other than that for which it was given, an amount equal to the advance may be:

(a) deducted from any amount that is payable, or to be paid, to the provider or body under this Act; or

(b) recovered by the Commonwealth from the provider or body as a debt due to the Commonwealth.

164-10(2)    

The conditions that would be applicable to a payment of the amount on account of which the advance is made are applicable to the advance.

164-10(3)    
This section does not affect the Minister's power to determine under section 33-40 that an advance is payable to a higher education provider.

SECTION 164-15  

164-15   Overpayments of Commonwealth grants  

An overpayment of an amount made to a higher education provider or other body under Part 2-2, 2-2A, 2-3 or 2-4 may, in whole or part, be:

(a) deducted from any amount that is payable, or to be paid, to that provider or body under Part 2-2, 2-2A, 2-3 or 2-4; or

(b) recovered by the Commonwealth from that provider or body as a debt due to the Commonwealth.

SECTION 164-17  

164-17   Overpayments of Commonwealth scholarships to students  

An overpayment of an amount paid, or purportedly paid, to a person by way of a *Commonwealth scholarship under section 46-13 may, in whole or part, be:

(a) deducted from any amount that is payable, or to be paid, to that person under that section; or

(b) recovered by the Commonwealth from that person as a debt due to the Commonwealth.

SECTION 164-18   Repayment of Commonwealth scholarships paid to students - breach of condition of  

164-18(1)    
This section applies if:

(a) an amount is paid to a person by way of a *Commonwealth scholarship under section 46-13; and

(b) the person breaches a condition of the Commonwealth scholarship.

164-18(2)    
The amount may, in whole or part, be:

(a) deducted from any amount that is payable, or to be paid, to that person under that section; or

(b) recovered by the Commonwealth from that person as a debt due to the Commonwealth.

SECTION 164-20  

164-20   Rounding of amounts  
If an amount payable by the Commonwealth under this Act is an amount made up of dollars and cents, round the amount down to the nearest dollar.

SECTION 164-25  

164-25   Appropriation  
(Repealed by No 170 of 2007)

PART 5-1A - TUITION PROTECTION  

Division 1 - Preliminary  

SECTION 166-1   What this Part is about  

SECTION 166-5   Application of this Part  

166-5(1)    
This Part applies to higher education providers other than:

(a)    *Table A providers; or

(b)    providers of a kind prescribed by the Higher Education Provider Guidelines.

166-5(2)    

Despite subsection (1), the Minister may, by written notice, determine that this Part:

(a)    applies to a specified higher education provider; or

(b)    does not apply to a specified higher education provider;

if the Minister considers it appropriate that this Part applies, or does not apply, to the provider.

166-5(2A)    

In deciding whether it is appropriate that this Part applies, or does not apply, to a specified higher education provider, the Minister must have regard to the following:

(a)    the risk of the provider *defaulting in relation to one or more students;

(b)    whether the provider is financially viable and likely to remain financially viable;

(c)    any non-compliance, or risk of future non-compliance, with this Act or legislative instruments made under this Act;

(d)    any advice given to the Minister by the *Secretary, *TEQSA or the *Higher Education Tuition Protection Director in relation to any of the matters referred to in paragraphs (a) to (c);

(e)    any other matter the Minister considers appropriate.

166-5(3)    
A determination under subsection (2):

(a)    may be made either unconditionally or subject to conditions; and

(b)    may be expressed to be in force indefinitely or for a specified period.

166-5(4)    
A determination made under subsection (2) is not a legislative instrument.

166-5(5)    

Despite subsection (1), sections 166-27 and 166-30 apply to all higher education providers.

Note:

Section 166-27 deals with provider obligations to provide information about replacement courses and section 166-30 deals with obligations of providers who provide replacement courses.

166-5(5)    

Despite subsection (1), sections 166-27, 166-30 and 166-32 apply to all higher education providers.

Note:

Section 166-27 deals with provider obligations to provide information about replacement courses, section 166-30 deals with obligations of providers who provide replacement courses and section 166-32 deals with the requirement of providers who provide replacement courses to keep up-to-date enrolment information.

SECTION 166-10   When a higher education provider defaults in relation to a student  

166-10(1)    
A higher education provider defaults in relation to a student if:

(a)    the provider fails to start to provide a unit of study to the student on the day on which the unit was scheduled to start; and

(b)    the student has not withdrawn before that day; and

(c)    the student was entitled, or would have been entitled, to *FEE-HELP assistance or *HECS-HELP assistance for the unit of study.

Note:

If the student has made any up-front payments in relation to the unit of study or any other affected units of the original course the provider may also have defaulted in relation to the student under the TEQSA Act: see section 62C of that Act.

166-10(2)    
A higher education provider defaults in relation to a student if:

(a)    the provider ceases to provide a unit of study to the student on a day after the unit starts but before it is completed; and

(b)    the student has not withdrawn before that day; and

(c)    the student was entitled, or would have been entitled, to *FEE-HELP assistance or *HECS-HELP assistance for the unit of study.

166-10(3)    
A higher education provider defaults in relation to a student if circumstances prescribed by the Higher Education Provider Guidelines apply in relation to the provider and the student.

Division 2 - Obligations when a provider defaults in relation to a student  

SECTION 166-15   Higher education providers must give notice of default to Higher Education Tuition Protection Director  

Application of section

166-15(1)    
This section applies if a higher education provider *defaults in relation to a student.

Notifying the Higher Education Tuition Protection Director of default

166-15(2)    

The higher education provider must, within 24 hours of the *default occurring, give written notice to the *Higher Education Tuition Protection Director of the circumstances of the default.

Notifying the Higher Education Tuition Protection Director of details of default

166-15(3)    

The higher education provider must, within 3 business days of the *default occurring, give a written notice to the *Higher Education Tuition Protection Director specifying:

(a)    the following information in relation to each student in relation to whom the provider has defaulted:

(i) the student's full name and contact details;

(ii) the units of study and the *course of study that the student was enrolled in at the time of the default;

(iii) the amount of the tuition fees for each unit of study that the student was enrolled in at the time of the default;

(iv) details about the payment of those tuition fees; and

(aa)    

advice as to:

(i) whether the provider intends to discharge its obligations to the student under section 166-25; and

(ii) (if appropriate) how the provider intends to discharge those obligations; and

(b)    any other matter prescribed by the Higher Education Provider Guidelines.

166-15(4)    

If requested in writing by the *Higher Education Tuition Protection Director, the higher education provider must give to the Director a copy of a student's record of results for the *units of study that the student has completed.

Notice requirements

166-15(5)    
A notice given under subsection (2) or (3) must comply with any requirements prescribed by the Higher Education Provider Guidelines.

Civil penalty

166-15(6)    
A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.

Offence

166-15(7)    
A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.

SECTION 166-20   Higher education providers must give notice of default to affected students  

Application of section

166-20(1)    
This section applies if a higher education provider *defaults in relation to a student.

Notifying students of default

166-20(2)    
The higher education provider must, within 24 hours of the *default occurring, give written notice of the default to the students in relation to whom the provider has defaulted.

Notice requirements

166-20(3)    
A notice given under subsection (2) must comply with any requirements prescribed by the Higher Education Provider Guidelines.

Civil penalty

166-20(4)    
A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.

Offence

166-20(5)    
A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.

SECTION 166-25   Obligation on providers in case of default  

Application of section

166-25(1)    
This section applies if a higher education provider *defaults in relation to a student.

Provider obligations

166-25(2)    
The provider must discharge its obligations to the student in accordance with this section, within the period (the provider obligation period ) of 14 days after the day the provider *defaulted in relation to the student.

166-25(3)    
The provider discharges its obligations to the student if:

(a)    the provider arranges for the student to be offered a place in a suitable *replacement unit or suitable *replacement course and the student accepts the offer in writing; or

(b)   the provider:

(i) re-credits the student's *HELP balance in accordance with subsection 97-42(1) or 104-42(1) (as the case requires); and

(ii) pays an amount to the Commonwealth in accordance with subsection 36-24A(2) or 110-5(1) (as the case requires).

Suitable replacement units or suitable replacement courses

166-25(4)    
The provider must identify whether:

(a)    there are one or more suitable *replacement units or suitable *replacement courses for the student; or

(b)    there is no suitable replacement unit or suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course

166-25(5)    
In identifying whether there is a suitable *replacement course, the provider must have regard to the following matters:

(a)    whether the replacement course leads to the same or a comparable qualification as the *original course;

(b)    what credits the student may receive for the units of study of the original course successfully completed by the student;

(c)    whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

(d)    the location where the replacement course will be primarily delivered;

(e)    whether the student:

(i) will incur additional fees that are unreasonable; and

(ii) will be able to attend the course without unreasonable impacts on the student's prior commitments;

(f)    any other matters prescribed by the Higher Education Provider Guidelines.

Matters relating to whether a unit is a suitable replacement unit

166-25(6)    
In identifying whether there is a suitable *replacement unit, the provider must have regard to the following matters:

(a)    whether the student will receive credit under the student's *original course for the replacement unit;

(b)    whether the mode of delivery of the replacement unit is the same as the mode of delivery of the *affected unit;

(c)    the location where the replacement unit will be primarily delivered;

(d)    whether the student:

(i) will incur additional fees that are unreasonable; and

(ii) will be able to attend the replacement unit without unreasonable impacts on the student's prior commitments;

(e)    any other matters prescribed by the Higher Education Provider Guidelines.

Suitable replacement unit or suitable replacement course available

166-25(7)    
If paragraph (4)(a) applies, the provider must give a written notice to the student that includes the following:

(a)    a statement that the student may decide to do one of the following:

(i) enrol in a suitable *replacement unit or suitable *replacement course;

(ii) enrol in another unit of study or course;

(iii) elect to have an amount equal to the amounts of *FEE-HELP assistance or *HECS-HELP assistance that the student received for the *affected unit re-credited to the student's *HELP balance;

(b)    a description of each suitable replacement unit or suitable replacement course, including the qualification that the suitable replacement course leads to;

(c)    the contact details of the provider of each suitable replacement unit or suitable replacement course;

(d)    an explanation that, if *tuition fees or the student's *student contribution amount have been paid for the affected unit of the *original course, tuition fees or the student contribution amount would not be payable for a suitable replacement unit or a replacement unit of a suitable replacement course;

(e)    an explanation that if the student chooses to enrol in another unit of study or course, there is no obligation on the provider of the other unit or course to offer a replacement unit without charge to the student;

(f)    an explanation of the matters the provider must have regard to under subsections (5) and (6);

(g)    any other matters prescribed by the Higher Education Provider Guidelines.

Elections for up-front payments must be consistent

166-25(8)    
Despite paragraph (7)(a), if an *up-front payment was made for any *affected units of the *original course, any elections made under that paragraph in relation to those units must be consistent with any elections made under paragraph 62F(7)(a) of the *TEQSA Act in relation to those units.

Example:

A student who is entitled to FEE-HELP assistance or HECS-HELP assistance for an affected unit of an original course also makes an up-front payment for the same affected unit. The student elects, under subparagraph (7)(a)(i), to enrol in a suitable replacement course. The student must elect to enrol in a suitable replacement course under subparagraph 62F(7)(a)(i) of the TEQSA Act in relation to the affected unit.

166-25(9)    
The Higher Education Provider Guidelines may prescribe circumstances in which elections are considered to be consistent or inconsistent for the purposes of subsection (8).

SECTION 166-26   Failure to discharge obligations  

Civil penalty

166-26(1)    
A higher education provider is liable to a civil penalty if:

(a)    the provider *defaults in relation to a student; and

(b)    the provider fails to discharge its obligations to the student in accordance with section 166-25.

Civil penalty: 60 penalty units.

Offence

166-26(2)    
A higher education provider commits an offence of strict liability if:

(a)    the provider *defaults in relation to a student; and

(b)    the provider fails to discharge its obligations to the student in accordance with section 166-25.

Penalty: 60 penalty units.

166-26(3)    
The maximum penalty for each day that an offence under subsection (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note:

Subsection (2) is a continuing offence under section 4K of the Crimes Act 1914.

SECTION 166-26A   Providers to notify of outcome of discharge of obligations  

166-26A(1)    
A higher education provider that *defaults in relation to a student must give a notice to the *Higher Education Tuition Protection Director within 7 days after the end of the *provider obligation period.

166-26A(2)    
The notice must include the following:

(a)    whether the provider discharged its obligations to the student in accordance with section 166-25;

(b)    if the provider arranged a suitable *replacement unit or a suitable *replacement course:

(i) details of the student; and

(ii) details of the replacement unit or the replacement course; and

(iii) evidence of the student's acceptance of an offer of a place in the replacement unit or replacement course;

(c)    if the provider re-credited the student's *HELP balance and paid an amount to the Commonwealth as referred to in paragraph 166-25(3)(b):

(i) details of the student; and

(ii) details of the amount re-credited and the amount paid.

166-26A(3)    
The notice must comply with any requirements prescribed by the Higher Education Provider Guidelines.

Civil penalty

166-26A(4)    
A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.

Offence

166-26A(5)    
A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.

SECTION 166-26B   Student placement service  

Application of section

166-26B(1)    
This section applies if the *Higher Education Tuition Protection Director determines that:

(a)    a higher education provider has *defaulted in relation to a student; and

(b)    either:

(i) the provider has failed to discharge its obligations under section 166-25 to the student by the end of the *provider obligation period; or

(ii) the provider is unlikely to be able to discharge its obligations under section 166-25 to the student by the end of the provider obligation period.

Higher Education Tuition Protection Director must decide

166-26B(2)    
The *Higher Education Tuition Protection Director must decide:

(a)    that the Director is satisfied that there are one or more suitable *replacement courses for the student; or

(b)    that the Director is not satisfied that there is a suitable replacement course for the student.

Matters relating to whether a course is a suitable replacement course *

166-26B(3)    
In deciding whether the *Higher Education Tuition Protection Director is satisfied that there is a suitable *replacement course, the Director must have regard to the following matters:

(a)    whether the replacement course leads to the same or a comparable qualification as the *original course;

(b)    what credits the student may receive for the units of study of the original course successfully completed by the student;

(c)    whether the mode of delivery of the replacement course is the same as the mode of delivery of the original course;

(d)    the location where the replacement course will be primarily delivered;

(e)    whether the student:

(i) will incur additional fees that are unreasonable; and

(ii) will be able to attend the course without unreasonable impacts on the student's prior commitments;

(f)    any other matters prescribed by the Higher Education Provider Guidelines.

Suitable replacement course available

166-26B(4)    
If paragraph (2)(a) applies, the *Higher Education Tuition Protection Director must give a written notice to the student that includes the following:

(a)    a statement that the student may decide to do one of the following:

(i) enrol in a suitable *replacement course;

(ii) enrol in another course;

(iii) elect to have an amount equal to the amounts of *FEE-HELP assistance or *HECS-HELP assistance that the student received for the *affected unit re-credited to the student's *HELP balance;

(b)    a description of each suitable replacement course, including the qualification that the suitable replacement course leads to;

(c)    the contact details of the provider of each suitable replacement course;

(d)    an explanation that, if *tuition fees or the student's *student contribution amount have been paid for the affected unit of the original course, tuition fees or the student contribution amount would not be payable for a *replacement unit of a suitable replacement course;

(e)    an explanation that if the student chooses to enrol in another course, there is no obligation on the provider of the other course to offer a replacement unit without charge to the student;

(f)    an explanation of the matters the Director must have regard to under subsection (3);

(g)    any other matters prescribed by the Higher Education Provider Guidelines.

Accepting an offer of a suitable replacement course

166-26B(5)    
If the *Higher Education Tuition Protection Director arranges for the student to be offered a place in a *replacement course, the student may accept the offer.

166-26B(6)    
An acceptance must:

(a)    be in writing; and

(b)    be given to the provider of the suitable replacement course within the period specified in subsection (7).

166-26B(7)    
For the purposes of subsection (6), the period is:

(a)    the period of 30 days after the day the *Higher Education Tuition Protection Director gives notice under subsection (4); or

(b)    if the Director determines that exceptional circumstances apply:

(i) any shorter period determined in writing by the Director; or

(ii) any longer period (not exceeding 12 months) determined in writing by the Director, and agreed to by the student.

No suitable replacement course available

166-26B(8)    
If paragraph (2)(b) applies, the *Higher Education Tuition Protection Director must give a written notice to the student that includes the following:

(a)    an explanation of the matters the Director must have regard to under subsection (3);

(b)    an explanation of the student's right to request reconsideration, under section 209-10, of the Director's decision within 28 days after the day on which the student is given the notice;

(c)    a statement that, to facilitate early re-crediting, the student may, at any time during the 28 days, give the Director notice in writing that the student will not seek reconsideration of the decision;

(d)    a statement that, if the student does not apply for reconsideration, an amount equal to the amounts of *FEE-HELP assistance or *HECS-HELP assistance that the student received for the *affected unit will be re-credited to the student's *HELP balance.

Elections for up-front payments must be consistent

166-26B(9)    
Despite paragraph (4)(a), if an *up-front payment was made for any *affected units of the *original course, any elections made under that paragraph in relation to those units must be consistent with any elections made under paragraph 62J(4)(a) of the *TEQSA Act in relation to those units.

Example:

A student who is entitled to FEE-HELP assistance or HECS-HELP assistance for an affected unit of an original course also makes an up-front payment for the same affected unit. The student elects, under subparagraph (4)(a)(iii), to have an amount re-credited to the student's HELP balance. The student must elect to receive a refund of the up-front payment under subparagraph 62J(4)(a)(iii) of the TEQSA Act in relation to the affected unit.

166-26B(10)    
The Higher Education Provider Guidelines may prescribe circumstances in which elections are considered to be consistent or inconsistent for the purposes of subsection (9).

SECTION 166-27   Obligations of providers to provide information about replacement courses  

166-27(1)    

The *Higher Education Tuition Protection Director may, by notice in writing, require a higher education provider to provide such information that the Director reasonably requires to enable the Director to make a decision under subsection 166-26B(2) regarding suitable *replacement courses for a student in relation to whom a provider has *defaulted.

166-27(2)    
The information must be provided:

(a)    

in a form (if any) approved by the *Higher Education Tuition Protection Director for the information; and

(b)    in accordance with such other requirements as the Director makes.

Civil penalty

166-27(3)    
A higher education provider contravenes this subsection if:

(a)    the provider is given a notice under subsection (1); and

(b)    the provider fails to comply with the notice.

Civil penalty: 60 penalty units.

Offence

166-27(4)    
A higher education provider commits an offence of strict liability if:

(a)    the provider is given a notice under subsection (1); and

(b)    the provider fails to comply with the notice.

Penalty: 60 penalty units.

SECTION 166-30   Obligations of replacement providers 

166-30(1)    

This section applies if a student accepts an offer of a place in a *replacement unit or *replacement course.

166-30(2)    

The higher education provider who provides the *replacement unit or *replacement course must give written notice of the acceptance to the *Higher Education Tuition Protection Director within 14 days of the acceptance.

166-30(3)    

The higher education provider who provides the *replacement unit or *replacement course must ensure that the student:

(a)    for a replacement course - is granted credits for units of study of the *original course successfully completed by the student; and

(b)    if the student has been charged a *student contribution amount or a *tuition fee for an *affected unit - is not charged a student contribution amount or a tuition fee for the replacement unit or the replacement unit of the replacement course; and

(c)    is enrolled in the replacement unit or replacement course as soon as practicable.

Civil penalty

166-30(4)    
A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.

Offence

166-30(5)    
A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.

SECTION 166-32   Obligations of replacement providers regarding enrolment information  

166-32(1)    

A higher education provider who provides a *replacement unit or a *replacement course to a student must keep up to date records of the following in relation to the student:

(a)    the student's full name and contact details;

(b)    the name of the replacement unit or replacement course (and *units of study) that the student is currently enrolled in;

(c)    any *student contribution amounts or *tuition fees charged to the student for the replacement unit or for any units of study of the replacement course;

(d)    details of the replacement unit or units of study of the replacement course successfully completed by the student;

(e)    details of the credits granted to the student for the replacement unit or for units of study of the *original course successfully completed by the student.

166-32(2)    
A higher education provider contravenes this subsection if the provider fails to comply with this section.

Civil penalty: 60 penalty units.

166-32(3)    
A higher education provider commits an offence of strict liability if the provider contravenes this section.

Penalty: 60 penalty units.

SECTION 166-35   Notification obligations where there is no replacement course or student elects re-crediting  

166-35(1)    
This section applies if:

(a)    a higher education provider *defaults in relation to a student; and

(b)    

either of the following apply:

(i) the Director decides, under paragraph 166-26B(2)(b), that the Director is not satisfied that there is a suitable *replacement course for the person;

(ii) the person elects, under subparagraph 166-26B(4)(a)(iii), to have an amount equal to the amounts of *FEE-HELP assistance or *HECS-HELP assistance that the person received for the unit re-credited to the student's *HELP balance.

166-35(2)    

The *Higher Education Tuition Protection Director must give a written notice to the *Secretary of that fact.

166-35(3)    

The *Higher Education Tuition Protection Director must give a written notice to the provider stating that an amount equal to the amounts of *FEE-HELP assistance or *HECS-HELP assistance that the student received for the *affected unit will be *re-credited to the student's *HELP balance.

SECTION 166-40   Other tuition protection information must be provided  

166-40(1)    
This section applies to a higher education provider if:

(a)    the *Higher Education Tuition Protection Director believes on reasonable grounds that the provider has information relevant to the Director's functions under this Act; and

(b)    the Director, by written notice given to the provider, requests the provider to give the Director the information:

(i) within the period (not shorter than 14 days after the notice is given) specified in the notice; and

(ii) in the manner specified in the notice.

166-40(2)    
The provider must comply with the notice within the period specified in the notice.

Civil penalty

166-40(3)    
A higher education provider is liable to a civil penalty if the provider contravenes subsection (2).

Civil penalty: 60 penalty units.

Offence

166-40(4)    
A higher education provider commits an offence of strict liability if the provider contravenes subsection (2).

Penalty: 60 penalty units.

SECTION 166-45   Continuing application of Part to certain persons  

166-45(1)    
This Part continues to apply in relation to a person that was a higher education provider as if the person were still a higher education provider.

166-45(2)    
Subsection (1) applies for the purposes of dealing with or resolving any matter that arose during, or that relates to, the period when the person was a higher education provider.

PART 5-1B - HIGHER EDUCATION TUITION PROTECTION FUND, HIGHER EDUCATION TUITION PROTECTION DIRECTOR AND HIGHER EDUCATION TUITION PROTECTION FUND ADVISORY BOARD  

Division 1 - Higher Education Tuition Protection Fund  

SECTION 167-1   Name of Fund  

167-1(1)    

The HELP Tuition Protection Fund is continued in existence with the new name *Higher Education Tuition Protection Fund.

167-1(2)    

The *Higher Education Tuition Protection Fund is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

SECTION 167-5  

167-5   Credits to the Higher Education Tuition Protection Fund  

There must be credited to the *Higher Education Tuition Protection Fund amounts equal to the following:

(a)    each amount of *HELP tuition protection levy received from a higher education provider;

(aa)    

each amount of *up-front payments tuition protection levy received from a *registered higher education provider;

(b)    

each amount paid by a higher education provider to the Commonwealth under subsection 36-24A(2), or subsection 110-5(1) because of re-crediting under section 104-42, if the balance of the Fund had previously been reduced under paragraph 167-10(1)(g) in relation to that amount;

(ba)    

each amount paid by a *registered higher education provider to the *Higher Education Tuition Protection Director under subsection 62L(2) of the *TEQSA Act;

(c)    

any other money appropriated by the Parliament for the purposes of the Higher Education Tuition Protection Fund;

(d)    any penalties for late payment of HELP tuition protection levy;

(da)    

any penalties for late payment of up-front payments tuition protection levy;

(e)    

each amount received by the Commonwealth for the purposes of the Higher Education Tuition Protection Fund.

Note 1:

An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.

Note 2:

HELP tuition protection levy is imposed by the Higher Education Support (HELP Tuition Protection Levy) Act 2019. The Higher Education Provider Guidelines deal with collection of the levy: see section 19-66A.

Note 3:

Up-front payments tuition protection levy is imposed by the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020. The Up-front Payments Guidelines deal with collection of the levy: see subsection 26A(5) of the TEQSA Act.

SECTION 167-10   Purposes of the Higher Education Tuition Protection Fund  

167-10(1)    

The purposes of the *Higher Education Tuition Protection Fund are as follows:

(a)    making payments in connection with tuition protection under this Act and the *Higher Education Provider Guidelines;

(b)    making payments in connection with tuition protection under the *TEQSA Act and the *Up-front Payments Guidelines;

(c)    paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the *Higher Education Tuition Protection Director's functions, including in managing the Fund;

(d)    paying any remuneration and allowances payable to the Higher Education Tuition Protection Director;

(e)    paying any remuneration and allowances payable to the members of the *Higher Education Tuition Protection Fund Advisory Board;

(f)    paying any amount that is required or permitted to be repaid;

(g)    reducing the balance of the Fund (and therefore the available appropriation for the Fund) without making a real or notional payment.

Note 1:

See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

Note 2:

Part 5A of the TEQSA Act deals with tuition protection for students that make an up-front payment for a unit of study.

167-10(2)    
The Higher Education Provider Guidelines may, for the purposes of paragraph (1)(a), make provision in relation to such payments, including in relation to the following:

(a)    the circumstances in which payments may be made;

(b)    amounts of different kinds of payments;

(c)    methods for calculating different kinds of payments.

Note 1:

For example, the Higher Education Provider Guidelines may provide that a replacement provider may receive a transfer payment if a student accepts an offer of a replacement course with the provider.

Note 2:

For the purposes of paragraph (1)(b), subsection 26A(6) of the TEQSA Act provides that the Up-front Payments Guidelines may make provision in relation to the making of payments for the purposes of that paragraph.

167-10(3)    

The purposes in subsection (1) do not include paying or discharging any costs, expenses or other obligations associated with services provided to the *Higher Education Tuition Protection Director by any employee or officer of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013).

Division 2 - Higher Education Tuition Protection Director  

SECTION 167-15   Higher Education Tuition Protection Director  

167-15(1)    
There is to be a *Higher Education Tuition Protection Director.

167-15(2)    
The office of *Higher Education Tuition Protection Director is to be held by the person who holds the office of TPS Director under section 54A of the Education Services for Overseas Students Act 2000.

Note:

The TPS Director also holds the office of VSL Tuition Protection Director under the VET Student Loans Act 2016.

167-15(3)    
The reference in subsection (2) to the person who holds the office of TPS Director includes a reference to a person acting in that office for the time being because of an appointment under section 54K of the Education Services for Overseas Students Act 2000.

SECTION 167-20   Functions of the Higher Education Tuition Protection Director  

167-20(1)    

The *Higher Education Tuition Protection Director has the following functions:

(a)    facilitating and monitoring the placement of students in relation to whom a higher education provider has *defaulted;

(aa)    

facilitating and monitoring the placement of students under Part 5A of the *TEQSA Act, in relation to whom a *registered higher education provider has defaulted (within the meaning of that Act);

(b)    

paying amounts out of, or reducing the balance of, the *Higher Education Tuition Protection Fund under section 167-10;

(c)    

reporting to the Minister on:

(i) the operation of Part 5-1A of this Act and Part 5A of the TEQSA Act (both of which deal with tuition protection); and

(ii) the financial status of the Higher Education Tuition Protection Fund;

(d)    

managing the Higher Education Tuition Protection Fund in a way that ensures that it is able to meet all its liabilities from time to time;

(e)    

making the legislative instrument each year under section 13 of the Higher Education Support (HELP Tuition Protection Levy) Act 2019;

(ea)    

making the legislative instrument each year under section 13 of the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020;

(f)    recommending that the Secretary take action against a higher education provider that has defaulted in relation to a student;

(fa)    

recommending that *TEQSA take action against a registered higher education provider that has defaulted in relation to a student (within the meaning of the TEQSA Act);

(g)    any other function conferred by this Act or any other law of the Commonwealth;

(h)    any other function that is incidental or conducive to the performance of the above functions.

167-20(2)    

The *Higher Education Tuition Protection Director has power to do all things necessary or convenient to be done for, or in connection with, the performance of the Director's functions.

167-20(3)    

The *Higher Education Tuition Protection Director must, in performing a function, or exercising a power, under this section, have regard to how the performance of that function, or exercise of that power, will affect the *tuition protection requirements under this Act and the tuition protection requirements within the meaning of the *TEQSA Act.

SECTION 167-25   Administrative provisions relating to the Higher Education Tuition Protection Director  

167-25(1)    

Each provision of the Education Services for Overseas Students Act 2000 specified in column 1 of an item in the following table applies in relation to the *Higher Education Tuition Protection Director in accordance with columns 2 and 3 of the item.

Administrative provisions relating to the Higher Education Tuition Protection Director
Item	Column 1	Column 2	Column 3
	This provision of the Education Services for Overseas Students Act 2000 …	applies in relation to the Higher Education Tuition Protection Director as if the reference in that provision to …	were a reference to …
1	A provision covered by subsection (2) of this section	TPS Director	Higher Education Tuition Protection Director
2	A provision covered by subsection (2) of this section	the regulations	the Higher Education Provider Guidelines
3	A provision covered by subsection (2) of this section	the Minister	the Minister administering this Act
4	A provision covered by subsection (2) of this section	the Department	the Department administered by the Minister administering this Act

167-25(2)    
This subsection covers the following provisions of the Education Services for Overseas Students Act 2000:

(a)    section 54C;

(b)    section 54D;

(c)    section 54E;

(d)    section 54F;

(e)    section 54J;

(f)    section 54L;

(g)    section 54N.

167-25(3)    
For the purposes of section 54E of the Education Services for Overseas Students Act 2000, the Minister administering that Act is taken to have given approval to:

(a)    

the TPS Director to engage in paid employment as the *Higher Education Tuition Protection Director; and

(b)    

the Higher Education Tuition Protection Director to engage in paid employment as the TPS Director.

167-25(4)    
The Minister may terminate the appointment of the TPS Director if:

(a)    

the TPS Director engages, except with the Minister's approval, in paid employment outside the duties of his or her office as *Higher Education Tuition Protection Director; or

(b)    

the Higher Education Tuition Protection Director fails, without reasonable excuse, to comply with section 54F of the Education Services for Overseas Students Act 2000 as applied to the Higher Education Tuition Protection Director by item 1 of the table in subsection (1) of this section.

167-25(5)    

The *Higher Education Tuition Protection Director is not personally subject to any liability to any person (other than the Commonwealth) in respect of anything done, or omitted to be done, in good faith in the exercise or performance of the Director's powers or functions.  View history note