Higher Education Support Act 2003
Note:
Section 1-10 describes how asterisks are used to identify terms that are defined in this Act.
SECTION 1 Definitions 1(1)In this Act, unless the contrary intention appears:
ABS Remoteness Structure
means the Remoteness Structure described in:
(a) the document titled " Australian Statistical Geography Standard (ASGS): Volume 5 - Remoteness Structure, July 2016 " , published by the Australian Statistician, as amended from time to time; or
(b) the most recent replacement of the document referred to in paragraph (a) that is published by the Australian Statistician, as amended from time to time.
Note:
The Australian Statistical Geography Standard (ASGS): Volume 5 - Remoteness Structure, July 2016 could in 2019 be viewed on the Australian Bureau of Statistics website (https://www.abs.gov.au).
View history note
Hide history note
academic freedom
means the following:
(a) the freedom of academic staff to teach, discuss, and research and to disseminate and publish the results of their research;
(b) the freedom of academic staff and students to engage in intellectual inquiry, to express their opinions and beliefs, and to contribute to public debate, in relation to their subjects of study and research;
(c) the freedom of academic staff and students to express their opinions in relation to the higher education provider in which they work or are enrolled;
(d) the freedom of academic staff to participate in professional or representative academic bodies;
(e) the freedom of students to participate in student societies and associations;
(f) the autonomy of the higher education provider in relation to the choice of academic courses and offerings, the ways in which they are taught and the choices of research activities and the ways in which they are conducted.
accredited course
means a *course of study (other than an *enabling course) that:
(a) if a *registered higher education provider is authorised by or under the *TEQSA Act to self-accredit the course of study - is accredited by the provider; and
(b) otherwise - is accredited by TEQSA.
accredited VET course
(Repealed by No 14 of 2011)
accumulated HELP debt
has the meaning given by section
140-25
.
additional SLE
means additional SLE that a person has under subsection
73-10(1)
.
affected unit
, of an *original course, means a unit of study that a student was undertaking as part of a *course of study when a higher education provider *defaulted in relation to the student.
annual financial reporting period
has the meanings given by subsection
19-10(3)
and subclause
15(3)
of Schedule
1A
.
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
(a) in relation to a higher education provider, has the meaning given by section 187-2 ; and
(b) in relation to a *VET provider, has the meaning given by clause 81 of Schedule 1A
approved form
has the meaning given by section
388-50
in Schedule
1
to the
Taxation Administration Act 1953
.
assessed worldwide income
has the meaning given by section
154-17
.
Assessing body
has the meaning given by section
104-55
.
Assessing body of a State or Territory
has the meaning given by subsection
104-55(3)
.
Assessment statement
has the meaning given by section
104-50
.
Australian branch
, of a *Table C provider, means:
(a) if that provider conducts its higher education operations in Australia through a branch of the body corporate that is listed in Table C in section 16-23 - that branch; or
(b) otherwise - the body corporate through which that provider conducts its higher education operations in Australia.
Australian Qualifications Framework
means the framework for recognition and endorsement of qualifications established by the Council:
(a) that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and
(b) that is to give effect to agreed standards in relation to the provision of education in Australia;
as in force from time to time.
Australian Qualifications Framework Register
(Repealed by No 103 of 2019)
Australian Quality Training Framework
means the arrangements agreed from time to time between the Commonwealth, the States and the Territories to ensure the high quality of vocational education and training (VET) services.
Australian Statistician
means the Australian Statistician referred to in subsection 5(2) of the Australian Bureau of Statistics Act 1975.
Australian university
means a *registered higher education provider:
(a) that, for the purposes of the *TEQSA Act, is registered in a provider category that permits the use of the word " university " ; and
(b) that:
(i) is established by or under, or recognised by, a law of the Commonwealth, a State or a Territory; or
(ii) is registered as a company under Part 2A.2 of the Corporations Act 2001 .
available
(Repealed by No 104 of 2011)
AWE
(Repealed by No 76 of 2018)
Basic grant amount
(Repealed by No 93 of 2020)
Bridging course for overseas-trained professionals
has the meaning given by section
104-45
.
(a) for a unit of study for a year, means:
(i) if the student undertaking the unit has not accessed it through *Open Universities Australia - the date determined under section 169-25 ; and
(ii) if the student undertaking the unit has accessed it through Open Universities Australia - the date determined under subsection 104-4(5) ; and
(b) for a *VET unit of study for a year, means the date determined under clause 67 of Schedule 1A .
census day
, for a course or a part of a course, has the same meaning as in the
VET Student Loans Act 2016
.
Centrelink
(Repealed by No 32 of 2011)
Chief Executive Centrelink
has the same meaning as in the
Human Services (Centrelink) Act 1997
.
(a) other than in Schedule 1A - has the same meaning as in the Regulatory Powers Act; and
(b) in Schedule 1A - means each of the following clauses or subclauses of that Schedule:
(i) subclauses 39DB(1) and (2) ;
(ii) subclauses 39DC(1) and (2) ;
(iii) clause 39DE ;
(iv) subclause 39DF(1) ;
(v) subclause 39DG(1) ;
(vi) subclauses 39DH(1) and (2) ;
(vii) subclauses 39DI(1) and (2) ;
(viii) clauses 39DJ , 39DK and 39DL .
Commissioner
means the Commissioner of Taxation.
Commonwealth contribution amount
means an amount specified in subsection
33-10(1)
.
Commonwealth officer
has the meaning given by subsection
179-15(2)
.
Commonwealth scholarship
means a scholarship payable under Part
2-4
.
Commonwealth supported student
has the meaning given by section
36-5
.
compact and academic freedom requirements
are the requirements set out in Subdivision
19-G
.
Compliance requirements
are the requirements set out in Subdivision
19-E
.
compulsory repayment amount
means an amount that:
(a) is required to be paid in respect of an *accumulated HELP debt under section 154-1 or 154-16 ; and
(b) is included in a notice of an assessment made under section 154-35 .
Consent
includes consent that can reasonably be inferred from the conduct of the person concerned.
contribution and fee requirements
are the requirements set out in Subdivision
19-F
.
corrected basic amount
(Repealed by No 104 of 2011)
(a) an *enabling course; or
(b) a single course leading to a *higher education award; or
(c) a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to 1 or more *higher education awards.
Example:An example of a combined or double course covered by paragraph (c) is a course that leads to the higher education awards of Bachelor of Arts and Bachelor of Laws.
course of study in aviation
see subsection
128-20(2)
.
course of study in dentistry
means a *course of study, completion of which would satisfy the minimum academic requirements for registration as a dentist by an authority of a State, a Territory or the Commonwealth, regardless of whether further dentistry study is completed before registration is sought.
course of study in education
: see section
142-5
.
course of study in medicine
means a *course of study, completion of which would allow provisional registration as a medical practitioner by an authority of a State, a Territory or the Commonwealth.
course of study in veterinary science
means a *course of study, completion of which would satisfy the minimum academic requirements for registration as a veterinary surgeon or veterinary practitioner by an authority of a State, a Territory or the Commonwealth, regardless of whether further veterinary science study is completed before registration is sought.
covered
(Repealed by No 104 of 2011)
covered by a person
'
s Student Learning Entitlement
has the meaning given by subsections
82-1(1)
and
(2)
and
82-5(2)
.
(a) for a *reviewable decision, means the person listed in column 3 of the table in section 206-1 , in respect of a decision in column 2 of the table, as the decision maker in respect of that decision; and
(b) for a *reviewable VET decision, means the person listed in column 3 of the table in clause 91 of Schedule 1A , in respect of a decision in column 2 of the table, as the decision maker in respect of that decision.
default
: see section
166-10
.
demand driven higher education course
means a *course of study that:
(a) is undertaken by an *eligible Indigenous person for the course of study with a *Table A provider; and
(b) is leading to a *higher education award that is a bachelor degree or bachelor honours degree; and
(c) is not a *designated higher education course.
Departmental investigator
means a person appointed under subclause
39GA(1)
of Schedule
1A
.
dependent child
means a person who is aged under 18 and does not have a spouse or de facto partner (within the meaning of the
Acts Interpretation Act 1901
).
designated courses of study
(Repealed by No 93 of 2020)
designated higher education course
has the meaning given by subsection
30-12(1)
.
EFTSL
has the meaning given by section
169-27
.
EFTSL value
, of a unit of study, has the meaning given by section
169-28
.
Electronic communication
has the meaning given by the
Electronic Transactions Act 1999
.
eligible former permanent humanitarian visa holder
means a person who:
(a) is not a *permanent humanitarian visa holder; and
(b) was previously a permanent humanitarian visa holder; and
(c) is the holder of a visa in a class or subclass of visas specified in a determination under subclause (1A) .
eligible Indigenous person
: an Indigenous person is an
eligible Indigenous person
for a *course of study with a *Table A provider if, at the time the person first enrols in a course of study with that provider, the person
'
s permanent residential address is in a *regional area or a *remote area.
eligible person
has the meaning given by subsection
73-5(4)
.
Eligible scholarship provider
has the meaning given by subsection
46-15(3)
.
employee
(Repealed by No 32 of 2011)
Employer contribution amount
, for a unit of study, is the amount that an employer has contributed, towards the cost of the unit, for a student enrolled in the unit under a *restricted access arrangement for the *course of study of which the unit forms a part.
employer reserved place
means a place, in a *course of study, made available under a *restricted access arrangement for the course.
enabling course
means a course of instruction provided to a person for the purpose of enabling the person to undertake a course leading to a *higher education award, but does not include:
(a) a course leading to a higher education award; or
(b) any course that the Minister determines is not an enabling course for the purposes of this Act.
(a) a person enrolled in a *course of study includes a person undertaking the course of study; and
(b) a person enrolled in a *VET course of study includes a person undertaking the VET course of study.
exempt foreign income
has the meaning given by subsection
154-5(4)
.
Exempt student
has the meaning given by section
169-20
.
Fairness requirements
are the requirements set out in Subdivision
19-D
.
Federal Register of Legislation
means the Federal Register of Legislation established under the
Legislation Act 2003
.
Federal Register of Legislative Instruments
(Repealed by No 126 of 2015)
fee
, for a unit of study for a year:
(a) if the student undertaking the unit has not accessed it through *Open Universities Australia - has the meaning given by section 19-102 ; and
(b) if the student undertaking the unit has accessed it through Open Universities Australia - has the meaning given by subsections 104-4(3) and (4) .
FEE-HELP assistance
means assistance payable under Part
3-3
.
FEE-HELP balance
(Repealed by No 76 of 2018)
FEE-HELP debt
has the meaning given by section
137-10
.
FEE-HELP limit
(Repealed by No 76 of 2018)
Financial viability requirements
are the requirements set out in Subdivision
19-B
.
first funding cluster
means the *funding cluster referred to in item 1 of the table in section
30-15
.
foreign resident
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
former accumulated HELP debt
has the meaning given by section
140-5
.
Funding clusters
has the meaning given by section
30-15
.
general interest charge rate
has the same meaning as in section
8AAD
of the
Taxation Administration Act 1953
.
government accreditation authority
(Repealed by No 74 of 2011)
grandfathered Commonwealth contribution amount
has the meaning given by subsection
33-10(2)
.
grandfathered funding cluster part
means:
(a) any part of the *first funding cluster other than the Society and Culture part of that cluster; or
(b) the Social Studies or Behavioural Science subpart of the Society and Culture part of the first funding cluster; or
(c) any other subpart of the Society and Culture part of the first funding cluster; or
(d) any part of the *second funding cluster.
grandfathered student
: a person is a
grandfathered student
if:
(a) any of the following apply in relation to the person:
(i) the person commenced a *course of study (the ongoing course ) with a higher education provider before 1 January 2021 but has not completed the ongoing course immediately before that day;
(ii) the person completed a course of study (the earlier course ) with a higher education provider before 1 January 2021 and, on or after that day, the person commences another course of study (the honours course ) that relates to the earlier course and that is leading to a *higher education award that is an honours degree;
(iii) the person was undertaking, in 2020, an *enabling course and, on or after 1 January 2021, the person commences another course of study (the later course ) that is leading to a higher education award;
(iv) the person was undertaking, in 2020, a course of study (the UC course ) leading to a higher education award that is an undergraduate certificate and, on or after 1 January 2021, the person commences another course of study (the higher qualification course ) that relates to the UC course and that is leading to a higher education award that is a bachelor degree; and
(b) the person was, at any time before 1 January 2021, a *Commonwealth supported student in relation to a unit of study in the ongoing course, earlier course, enabling course or UC course (as the case may be); and
(c) the person undertakes a unit of study (the later unit of study ) that has a *census date on or after 1 January 2021; and
(d) the later unit of study is one of the following:
(i) part of the ongoing course, honours course, later course or higher qualification course (as the case may be);
(ii) a *replacement unit in relation to an *affected unit of that course;
(iii) part of a *replacement course in relation to that course.
Note 1:
An undergraduate certificate is an award conferred by higher education providers under the Australian Qualifications Framework.
Note 2:
For the effect of a restructure of an ongoing course (or of a replacement course in relation to an ongoing course), see subclause (1C) .
grant year
has the meaning given by subsection
30-25(1)
.
HECS-HELP assistance
means assistance payable under Part
3-2
.
HECS-HELP benefit
(Repealed by No 55 of 2016)
HECS-HELP debt
has the meaning given by section
137-5
.
HECS-HELP discount
has the meaning given by subsection
96-2(5)
.
HELP balance
has the meaning given by section
128-15
.
HELP debt
has the meaning given by section
137-1
.
HELP debt indexation factor
has the meaning given by section
140-10
.
HELP loan limit
has the meaning given by section
128-20
.
HELP program
has the meaning given by subsection
180-28(6)
.
HELP program Commonwealth officer
has the meaning given by subsection
180-28(7)
.
HELP Tuition Protection Director
(Repealed by No 101 of 2020)
HELP Tuition Protection Fund
(Repealed by No 101 of 2020)
HELP Tuition Protection Fund Advisory Board
(Repealed by No 101 of 2020)
HELP tuition protection levy
means levy imposed by the
Higher Education Support (HELP Tuition Protection Levy) Act 2019
.
HESA investigator
means a person appointed under subsection
215-35(1)
.
(a) a degree, status, title or description of bachelor, master or doctor; or
(b) an award of graduate diploma or graduate certificate; or
(c) any other award offered or conferred by a higher education provider under the *Australian Qualifications Framework, except an award offered or conferred for completing a *VET course of study.
higher education course
means a *course of study other than the following:
(a) a course of study that is a *designated higher education course;
(b) a course of study that is a *demand driven higher education course.
higher education provider
has the meaning given by section
16-1
.
higher education provider charge
means charge imposed by the
Higher Education Support (Charges) Act 2019
.
Higher Education Support Act information
has the meaning given by section
180-5
.
Higher Education Tuition Protection Director
means the person referred to in section
167-15
.
Higher Education Tuition Protection Fund
means the Fund established by section
167-1
.
Higher Education Tuition Protection Fund Advisory Board
means the Board established by section
167-30
.
Income tax
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Income tax law
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Income year
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Indexation factor
has the meaning given by section
198-15
.
indexation period
(Repealed by No 55 of 2016)
(a) for the purposes of Parts 4-1 and 4-2 , has the meaning given by clause 2 of this Schedule; and
(b) for the purposes of Part 5-6 , has the meaning given by section 198-20 .
Indigenous person
has the same meaning as in the
Indigenous Education (Targeted Assistance) Act 2000
.
ineligible work experience unit
for a *non-grandfathered student or a *grandfathered student means a unit of study that the student is enrolled in that meets the following conditions:
(a) the unit wholly consists of *work experience in industry;
(b) either:
(i) the student is exempt from paying his or her *student contribution amount in relation to the unit; or
(ii) the unit does not meet the requirements specified by the Administration Guidelines for the purposes of this subparagraph.
(a) a magistrate; or
(b) a Judge of a court of a State or Territory; or
(c) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or
(d) a Judge of the Federal Court of Australia.
Information system
has the meaning given by the
Electronic Transactions Act 1999
.
lifelong SLE
means lifelong SLE that a person has under subsection
73-15(1)
.
Listed professional occupation
has the meaning given by section
104-60
.
Listed provider
has the meaning given by section
16-10
.
Listed self-accrediting entity
(Repealed by No 72 of 2007)
maximum basic grant amount
has the meaning given by section
30-27
.
maximum OS-HELP amount
(Repealed by No 112 of 2013)
maximum OS-HELP (Asian language study) amount
has the meaning given by section
121-15
.
maximum OS-HELP (overseas study) amount
has the meaning given by section
121-5
.
maximum student contribution amount for a place
has the meaning given by section
93-10
.
Medicare levy
means the Medicare levy imposed by the
Medicare Levy Act 1986
.
meets the tax file number requirements
has the meanings given by section
187-1
and clause
80
of Schedule
1A
.
Military Rehabilitation and Compensation Commission
means the Military Rehabilitation and Compensation Commission established by section 361 of the
Military Rehabilitation and Compensation Act 2004
.
Minimum OS-HELP amount
(Repealed by No 112 of 2013)
minimum OS-HELP (Asian language study) amount
, in relation to a higher education provider, means an amount determined by the provider under section
121-20
.
minimum OS-HELP (overseas study) amount
, in relation to a higher education provider, means an amount determined by the provider under section
121-10
.
Minimum repayment income
has the meaning given by section
154-10
.
National priority
has the meaning given by section
30-20
.
National Protocol 1
(Repealed by No 72 of 2007)
National Protocol 3
(Repealed by No 72 of 2007)
National Protocols
(Repealed by No 74 of 2011)
National Register
has the same meaning as in the
National Vocational Education and Training Regulator Act 2011
.
National VET Regulator
has the same meaning as in the
National Vocational Education and Training Regulator Act 2011
.
non-award basis
: an enrolment in:
(a) a subject or unit that a person may undertake with a higher education provider as part of a *course of study; or
(b) a course of instruction with a higher education provider; or
(c) a tuition and training program with a higher education provider;
is an enrolment on a non-award basis if the unit, course or program is not being undertaken as part of a course of study.
non-designated courses of study
(Repealed by No 93 of 2020)
non-grandfathered student
means a person other than a *grandfathered student.
non self-accrediting entity
means a body corporate that:
(a) is a *registered higher education provider; and
(b) has no authorisation conferred by or under the *TEQSA Act to self-accredit any *course of study that leads to a *higher education award.
non self-accrediting provider
(Repealed by No 72 of 2007)
NTIS
(Repealed by No 14 of 2011)
number of Commonwealth supported places
means:
(a) in relation to an allocation of a number of Commonwealth supported places for a *funding cluster or a *grandfathered funding cluster part - the number of places allocated under section 30-10 for that funding cluster or that grandfathered funding cluster part; or
(b) in relation to the provision of a number of Commonwealth supported places in respect of *non-grandfathered students - the number worked out under subsection 33-30(1) ; or
(c) in relation to the provision of a number of Commonwealth supported places in respect of *grandfathered students - the number worked out under subsection 33-30(1A) .
(a) in relation to an allocation of a number of Commonwealth supported places under section 30-10 in relation to a *funding cluster-the number allocated under that section in relation to that funding cluster; or
(b) in relation to the provision of a number of Commonwealth supported places-the number worked out under section 33-30 .
NVETR Commissioner
(Repealed by No 77 of 2020)
NVETR investigator
means a person appointed under subclause
39GA(2)
of Schedule
1A
.
NVETR staff member
means a member of the staff of the Regulator (within the meaning of the
National Vocational Education and Training Regulator Act 2011
).
Occupation
includes the meaning given by section
104-65
.
offering
(Repealed by No 74 of 2011)
Officer
has the meaning given by subsection
179-15(1)
.
Officer of a higher education provider
has the meaning given by subsection
179-15(3)
.
officer of a registered higher education provider
has the meaning given by subsection
179-15(3AA)
.
officer of a Tertiary Admission Centre
has the meaning given by subsection
179-15(3B)
.
officer of a VET provider
has the meaning given by subclause
74(3)
of Schedule
1A
.
Officer of Open Universities Australia
has the meaning given by subsection
179-15(3A)
.
official employment
has the meanings given by subsection
179-15(4)
and subclause
74(3)
of Schedule
1A
.
Open Universities Australia
means Open Universities Australia Pty Ltd (ACN 053 431 888).
operating
(Repealed by No 74 of 2011)
ordinary SLE
means ordinary SLE that a person has under subsection
73-5(1)
or
(2)
.
original course
means a *course of study in relation to which a higher education provider has *defaulted.
OS-HELP assistance
means assistance payable under Part
3-4
.
OS-HELP debt
has the meaning given by section
137-15
.
Overseas student
means a person who:
(a) is not an Australian citizen; and
(b) is enrolled, or proposes to become enrolled, in:
(i) a *course of study with a higher education provider; or
(ii) a unit of study access to which was provided by *Open Universities Australia; but does not include:
(c) a person entitled to stay in Australia, or to enter and stay in Australia, without any limitation as to time; or
(d) a New Zealand citizen; or
(e) a diplomatic or consular representative of New Zealand, a member of the staff of such a representative or the spouse, de facto partner (within the meaning of the Acts Interpretation Act 1901 ) or dependent relative of such a representative.
Note:
In relation to paragraph (e) of the definition of Overseas student , see also subclause (2) .
permanent humanitarian visa holder
means the holder of a visa that is, or has at any time been, defined as a permanent humanitarian visa for the purposes of the regulations made under the
Migration Act 1958
.
Permanent visa holder
means the holder of a permanent visa within the meaning of subsection 30(1) of the
Migration Act 1958
.
Personal information
has the meaning given by section
179-5
.
Postgraduate course of study
means a *course of study that:
(a) leads to one or more of the following *higher education awards:
(i) a graduate diploma;
(ii) a graduate certificate;
(iii) a master ' s degree;
(iv) a doctoral degree; and
(b) does not lead to any other higher education award.
pre-1 July 2019 VSL debt
has the meaning given by subsection
137-19(1)
.
provider obligation period
: see subsection
166-25(2)
.
(a) a registered company auditor (within the meaning of the Corporations Act 2001 ); or
(b) (Repealed by No 83 of 2017)
(c) (Repealed by No 83 of 2017)
(d) a person approved by the Minister in writing as a qualified auditor for the purposes of this Act.
qualifying VET course
means a structured and integrated program of vocational education or vocational training, usually consisting of a number of modules (units of study) or shorter programs, and leading to the award of a *VET diploma, *VET advanced diploma, *VET graduate diploma or *VET graduate certificate.
quality and accountability requirements
has the meaning given by section
19-1
.
quality auditing body
(Repealed by No 74 of 2011)
quality requirements
are the requirements set out in Subdivision
19-C
.
quarter
means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
reference period
(Repealed by No 76 of 2018)
regional area
means an area that is classified as inner regional Australia, or outer regional Australia, under the *ABS Remoteness Structure.
registered higher education provider
has the same meaning as in the *TEQSA Act.
registered training organisation
has the same meaning as in the
National Vocational Education and Training Regulator Act 2011
.
Regulatory Powers Act
means the
Regulatory Powers (Standard Provisions) Act 2014
.
Related body corporate
has the meaning given by section
9
of the
Corporations Act 2001
.
remote area
means an area that is classified as remote Australia, or very remote Australia, under the *ABS Remoteness Structure.
Rental property loss
(Repealed by No 27 of 2009)
Repatriation Commission
means the body corporate continued in existence by section 179 of the
Veterans
'
Entitlements Act 1986
.
Repayable debt
, for an *income year, has the meaning given by section
154-15
.
Repayment income
has the meaning given by section
154-5
.
replacement course
means a *course of study that enables a student to finish:
(a) an *original course; or
(b) a course that is equivalent to an *original course.
replacement unit
means a unit of study that replaces an *affected unit of an *original course.
Request for Commonwealth assistance
:
(a) in relation to a person enrolling in a unit of study with a higher education provider (where access to the unit is not provided by *Open Universities Australia) - has the meaning given by subsection 36-40(3) ; and
(b) in relation to a person to whom access to a unit of study is provided by Open Universities Australia-has the meaning given by subsection 193-1(2C) ; and
(ba) in relation to a *student services and amenities fee imposed on a person enrolled with a higher education provider in a *course of study or *bridging course for overseas-trained professionals - has the meaning given by subsection 126-1(2) ; and
(c) in relation to a person enrolling in a *VET unit of study has the meaning given by subclause 88(3) of Schedule 1A .
requirements for entry
, to a *listed professional occupation, has the meaning given by section
104-70
.
responsible parent
has the same meaning as in the
Australian Citizenship Act 2007
.
Restricted access arrangement
, for a *course of study, means an arrangement:
(a) that was entered into between the higher education provider providing the course and an employer or industry body; and
(b) that limits or restricts enrolments in some or all of the places in the course.
return
means an income tax return within the meaning of subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
Reviewable decision
means a decision listed in the table in section
206-1
.
reviewable VET decision
means a decision listed in the table in clause
91
of Schedule
1A
.
reviewer
has the meanings given by section
209-1
and clause
94
of Schedule
1A
.
(a) of a higher education provider - has the meaning given by subsection 19-50(2) ; and
(b) of *Open Universities Australia - has the meaning given by subsection 238-1(2B) .; and
(c) of a *VET provider - has the meaning given by subclause 21(2) of Schedule 1A .
SA-HELP assistance
means assistance payable under Part
3-5
.
SA-HELP debt
has the meaning given by section
137-16
.
second funding cluster
means the *funding cluster referred to in item 2 of the table in section
30-15
.
Secretary
means the Secretary of the Department.
self-accrediting entity
means a body corporate that:
(a) is a *registered higher education provider; and
(b) is authorised by or under the *TEQSA Act to self-accredit one or more *courses of study that lead to a *higher education award.
self-accrediting provider
(Repealed by No 72 of 2007)
SLE
(Repealed by No 104 of 2011)
SLE amount
has the meaning given by subsection
73-1(2)
.
State or Territory VET regulator
means an agency or authority of a State or Territory responsible for regulating vocational education or vocational training in the State or Territory.
(a) a person who is enrolled in a *course of study with a higher education provider, and includes a person who is enrolled in a unit of study access to which was provided by *Open Universities Australia; or
(b) a person who is enrolled in a *VET course of study with a *VET provider.
student cohort
(Repealed by No 121 of 2006)
Student contribution amount
has the meaning given by section
93-5
.
Student contribution amount for a place
has the meaning given by subsection
93-5(1)
.
student entry procedure
has the meaning given by subclause
23B(3)
of Schedule
1A
.
student identifier
has the same meaning as in the
Student Identifiers Act 2014
.
Student Learning Entitlement
has the meaning given by subsection
73-1(1)
.
student services and amenities fee
has the meaning given by subsection
19-37(5)
.
subject to review
: a decision (however described) is
subject to review
until:
(a) any applicable time limits for applying for a review (however described) or lodging an appeal (however described) of or in relation to the decision have expired; and
(b) if there is such a review or appeal of or in relation to the decision - the review or appeal (and any later reviews or appeals) have been finally disposed of.
supplementary amount for Asian language study
means a supplementary amount of *OS-HELP assistance included under paragraph
121-1(1)(b)
.
Table A provider
means a body listed in Table A in section
16-15
.
Table B provider
means a body listed in Table B in section
16-20
.
Table C provider
means a body listed in Table C in section
16-22
.
Taxable income
has the meaning given by section
4-15
of the
Income Tax Assessment Act 1997
.
Tax file number
: a person
'
s tax file number is a number that the *Commissioner has issued to the person and that is either:
(a) a number issued under Part VA of the Income Tax Assessment Act 1936 ; or
(b) a number issued to a person under section 44 or 48 of the Higher Education Funding Act 1988 ; or
(c) a number that the Commissioner notified to the person as the person ' s income tax file number.
TEQSA
(short for Tertiary Education Quality and Standards Agency) means the body established by section 132 of the *TEQSA Act.
TEQSA Act
means the
Tertiary Education Quality and Standards Agency Act 2011
.
TEQSA investigator
means a person appointed under subsection
215-35(2)
.
Tertiary Admission Centre
means a person, body or organisation that provides services in relation to student admissions and enrolments on behalf of:
(a) higher education providers; or
(b) *VET providers; or
(c) both higher education providers and VET providers.
Definition of " Tertiary Admission Centre " inserted by No 121 of 2009, s 3 and Sch 2 item 17, effective 7 December 2009.
total basic grant amount
has the meaning given by section
33-5
tuition assurance requirements
(Repealed by No 111 of 2019)
(a) in relation to a unit of study access to which is not provided by *Open Universities Australia - has the meaning given by section 19-105 ; and
(b) in relation to a unit of study access to which is provided by Open Universities Australia - means:
(i) if only one fee has been determined for the unit under subsection 104-4(2) - that fee; or
(ii) 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.
tuition protection requirements
has the meaning given by section
16-30
.
Undergraduate course of study
means a *course of study that is neither an *enabling course nor a *postgraduate course of study.
(a) a subject or unit that a person may undertake with a higher education provider as part of a *course of study; or
(b) a subject or unit made available by a higher education provider:
(i) access to which was provided by *Open Universities Australia; and
(ii) that a person could undertake as part of a course of study leading to a *higher education award; or
(c) a part of a *bridging course for overseas-trained professionals.
If a higher education provider provides the same such subject or unit in respect of more than one period, the subject or unit is taken to be a different unit of study in respect of each period.
university
(Repealed by No 72 of 2007)
Up-front payment
, in relation to a unit of study, has the meaning given by section
93-15
or
107-5
.
Up-front Payments Guidelines
means the guidelines made under section 26B of the *TEQSA Act.
up-front payments tuition protection levy
means levy imposed by the
Higher Education (Up-front Payments Tuition Protection Levy) Act 2020
.
up-front VET payment
has the meaning given by subclause
53(1)
of Schedule
1A
.
very remote HELP debtor
: see section
142-1
.
VET Administration Guidelines
(Repealed by No 160 of 2012)
VET advanced diploma
means a qualification:
(a) at the level of advanced diploma in the Australian Qualifications Framework; and
(b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.
VET compliance requirements
means the requirements set out in Subdivision
4-E
of Schedule
1A
.
VET course of study
means a structured and integrated program of vocational education or vocational training, usually consisting of a number of modules (units of study) or shorter programs, and leading to the award of a *VET qualification.
VET credit transfer arrangement
means an arrangement for crediting a *VET unit of study or *VET course of study toward a *higher education award.
VET diploma
means a qualification:
(a) at the level of diploma in the Australian Qualifications Framework; and
(b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.
VET fairness requirements
means the requirements set out in Subdivision
4-D
of Schedule
1A
.
VET FEE-HELP account
has the meaning given by clause
45D
of Schedule
1A
.
VET FEE-HELP assistance
means assistance payable under Part
2
of Schedule
1A
.
VET FEE-HELP debt
has the meaning given by subsection
137-18(1)
.
VET FEE-HELP Guidelines
(Repealed by No 160 of 2012)
VET fee requirements
means the requirements set out in Subdivision
4-F
of Schedule
1A
.
VET financial viability requirements
means the requirements set out in Subdivision
4-B
of Schedule
1A
.
VET graduate certificate
means a qualification:
(a) at the level of graduate certificate in the Australian Qualifications Framework; and
(b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.
VET graduate diploma
means a qualification:
(a) at the level of graduate diploma in the Australian Qualifications Framework; and
(b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.
VET Guidelines
means the guidelines made under clause
99
of Schedule
1A
.
VET officer
has the meaning given by subclause
74(1)
of Schedule
1A
.
VET personal information
has the meaning given by clause
72
of Schedule
1A
.
VET provider
has the meaning given by clause
4
of Schedule
1A
.
VET Provider Guidelines
(Repealed by No 160 of 2012)
(a) a *VET diploma; or
(b) a *VET advanced diploma; or
(c) a *VET graduate diploma; or
(d) a *VET graduate certificate; or
(e) a qualification specified by the *VET Guidelines.
VET quality and accountability requirements
has the meaning given by clause
13
of Schedule
1A
.
VET quality requirements
are the requirements set out in Subdivision
4-C
of Schedule
1A
.
VET Regulator
has the same meaning as in the
National Vocational Education and Training Regulator Act 2011
.
VET restricted access arrangement
, for a *VET course of study, means an arrangement:
(a) that was entered into between the *VET provider providing the course and an employer or industry body; and
(b) that limits or restricts enrolments in some or all of the places in the course.
VET student loan
has the same meaning as in the
VET Student Loans Act 2016
.
VET student loan debt
(Repealed by No 116 of 2018)
VET tuition assurance requirements
means the requirements set out in clause
7
of Schedule
1A
.
VET tuition fee
: a person
'
s
VET tuition fee
for a *VET unit of study is the fee determined under subclause
27(2)
of Schedule
1A
for the unit that applies to the person.
VET Tuition Fee Guidelines
(Repealed by No 160 of 2012)
VET unit of study
means a subject or unit that a person may undertake with a *VET provider as part of a *VET course of study. If a VET provider provides the same such subject or unit in respect of more than one period, the subject or unit is taken to be a different VET unit of study in respect of each period.
Voluntary repayment
means a payment made to the *Commissioner in discharge of an *accumulated HELP debt or a *HELP debt. It does not include a payment made in discharge of a *compulsory repayment amount.
work experience in industry
means work:
(a) that is done as a part of, or in connection with, a *course of study undertaken with a higher education provider; and
(b) in respect of which student learning and performance is not directed by the provider; and
(c) the purpose of which is to obtain work experience relevant to the course of study; and
(d) that meets any other requirements specified in the Administration Guidelines. 1(1A)
The Minister may, for the purposes of paragraph (c) of the definition of eligible former permanent humanitarian visa holder in subclause (1) , make a determination in writing specifying a class or subclass of visas provided for by the Migration Act 1958 or regulations made under that Act.
A determination under subclause (1A) is a legislative instrument.
For the purposes of the definition of grandfathered student in subclause (1) , if a *course of study covered by subclause (1D) is or was restructured by the provider on or after 1 January 2021, treat the course of study as continuing in existence as the same course of study after the restructure.
This subclause covers a *course of study that is: (a) an ongoing course (within the meaning of paragraph (a) of the definition of grandfathered student in subclause (1) ); or (b) a *replacement course in relation to such an ongoing course.
For the purposes of paragraph (e) of the definition of Overseas student in subclause (1) , a representative ' s relatives include (without limitation): (a) an exnuptial or adoptive child of the representative, or someone of whom the representative is an exnuptial or adoptive child; and (b) someone who is a child of the representative, or of whom the representative is a child, because of subclause (3) ; and
(c) relatives traced through relationships referred to in paragraphs (a) and (b) .
For the purposes of paragraph (2)(b) , one person is the child of another person because of this subclause if he or she is a child of the other person within the meaning of the Family Law Act 1975 .
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
