Schedule 1
-
Dictionary
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).
History
Definition of
"
ABS Remoteness Structure
"
inserted by No 103 of 2019, s 3 and Sch 2 item 14, effective 1 January 2020.
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.
History
Definition of
"
academic freedom
"
inserted by No 22 of 2021, s 3 and Sch 1 item 4, effective 23 March 2021.
accelerator program course
has the meaning given by subsection
128B-25(1)
.
History
Definition of
"
accelerator program course
"
inserted by No 36 of 2023, s 3 and Sch 1 item 66, effective 29 June 2023.
accelerator program course fee
has the meaning given by subsection
19-92(3)
.
History
Definition of
"
accelerator program course fee
"
inserted by No 36 of 2023, s 3 and Sch 1 item 66, effective 29 June 2023.
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.
History
Definition of
"
accredited course
"
substituted by No 74 of 2011, s 3 and Sch 2 item 23, effective 29 January 2012. The definition formerly read:
accredited course
means a course that:
(a)
is a *course of study; and
(b)
is accredited by a *government accreditation authority.
Definition of
"
accredited course
"
amended by No 72 of 2007, s 3 and Sch 1 item 50, by substituting para (b), effective 31 December 2007. Para (b) formerly read:
(b)
is accredited by the Commonwealth or by a State or Territory accreditation agency listed in the *Australian Qualifications Framework Register.
accredited VET course
(Repealed by No 14 of 2011)
History
Definition of
"
accredited VET course
"
repealed by No 14 of 2011, s 3 and Sch 1 item 48, effective 1 July 2011. The definition formerly read:
accredited VET course
means a course that:
(a)
is a *VET course of study; and
(b)
is accredited by the Commonwealth or by a State or Territory VET Course Accrediting Body listed in the *Australian Qualifications Framework Register; and
(c)
is listed as a current VET Diploma, VET Advanced Diploma, VET Graduate Diploma or VET Graduate Certificate qualification on *NTIS.
Definition of
"
accredited VET course
"
inserted by No 170 of 2007, s 3 and Sch 1 item 18, effective 1 January 2008.
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)
.
History
Definition of
"
additional SLE
"
inserted by No 93 of 2020, s 3 and Sch 4B item 12, effective 1 January 2022.
Former definition of
"
additional SLE
"
repealed by No 104 of 2011, s 3 and Sch 2 item 27, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
. The definition formerly read:
additional SLE
, of a person, means the amount of *Student Learning Entitlement that the person has under section 73-20, as reduced (if applicable) under Division 76.
AEA Advisory Board
has the meaning given by section
42-10
.
History
Definition of
"
AEA Advisory Board
"
inserted by No 5 of 2023, s 3 and Sch 1 item 11, effective 15 March 2023.
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.
History
Definition of
"
affected unit
"
inserted by No 111 of 2019, s 3 and Sch 2 item 31, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
annual financial reporting period
has the meanings given by subsection
19-10(3)
and subclause
15(3)
of Schedule
1A
.
History
Definition of
"
annual financial reporting period
"
substituted by No 170 of 2007, s 3 and Sch 1 item 19, effective 1 January 2008. The definition formerly read:
Annual financial reporting period
has the meaning given by subsection 19-10(3).
applicable court
means:
(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.
History
Definition of
"
applicable court
"
amended by No 13 of 2021, s 3 and Sch 2 item 457, by substituting para (b), effective 1 September 2021. Para (b) formerly read:
(b)
the Federal Circuit Court of Australia; or
Definition of
"
applicable court
"
inserted by No 168 of 2015, s 3 and Sch 1 item 30, effective 31 December 2015.
appropriate officer
:
(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
History
Definition of
"
appropriate officer
"
substituted by No 170 of 2007, s 3 and Sch 1 item 20, effective 1 January 2008. The definition formerly read:
Appropriate officer
has the meaning given by section 187-2.
approved form
has the meaning given by section
388-50
in Schedule
1
to the
Taxation Administration Act 1953
.
History
Definition of
"
approved form
"
inserted by No 6 of 2012, s 3 and Sch 2 item 8, effective 7 March 2012.
assessed worldwide income
has the meaning given by section
154-17
.
History
Definition of
"
assessed worldwide income
"
inserted by No 154 of 2015, s 3 and Sch 1 item 7, applicable in relation to the 2016-17 income year and later income years.
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
.
Australia
'
s Economic Accelerator program
means a program specified in the Other Grants Guidelines under which grants for purposes specified in item 14 of the table in subsection
41-10(1)
are to be paid.
History
Definition of
"
Australia
'
s Economic Accelerator program
"
inserted by No 5 of 2023, s 3 and Sch 1 item 11, effective 15 March 2023.
Australia
'
s Economic Accelerator program information
has the meaning given by section
181-10
.
History
Definition of
"
Australia
'
s Economic Accelerator program information
"
inserted by No 5 of 2023, s 3 and Sch 1 item 11, effective 15 March 2023.
Australia
'
s greenhouse gas emissions reduction targets
means:
(a)
if:
(i)
Australia
'
s current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and
(ii)
that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement;
the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
; or
(b)
in any other case
-
the greenhouse gas emissions reduction targets included in:
(i)
Australia
'
s current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or
(ii)
if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement
-
that nationally determined contribution, as adjusted and in force from time to time.
History
Definition of
"
Australia
'
s greenhouse gas emissions reduction targets
"
inserted by No 5 of 2023, s 3 and Sch 1 item 11, effective 15 March 2023.
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.
History
Definition of
"
Australian Qualifications Framework
"
substituted by No 74 of 2011, s 3 and Sch 1 item 24, effective 29 January 2012. The definition formerly read:
Australian Qualifications Framework
means the framework for recognition and endorsement of qualifications established by the Council:
(a)
comprised of the Ministers responsible for education, employment, training and youth affairs for the Commonwealth and each State; and
(b)
known as the Ministerial Council on Education, Employment, Training and Youth Affairs;
to give effect to agreed standards in relation to the provision of education in Australia.
Australian Qualifications Framework Register
(Repealed by No 103 of 2019)
History
Definition of
"
Australian Qualifications Framework Register
"
repealed by No 103 of 2019, s 3 and Sch 3 item 17, effective 28 November 2019. The definition formerly read:
Australian Qualifications Framework Register
means the Register:
(a)
that is called the Register of Recognised Education Institutions and Authorised Accreditation Authorities in Australia; and
(b)
that is maintained by the advisory board to the *Australian Qualifications Framework.
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.
History
Definition of
"
Australian Quality Training Framework
"
inserted by No 170 of 2007, s 3 and Sch 1 item 21, effective 1 January 2008.
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
.
History
Definition of
"
Australian university
"
substituted by No 74 of 2011, s 3 and Sch 1 item 25, effective 29 January 2012. The definition formerly read:
Australian university
means a body corporate:
(a)
that meets the requirements set out in the *National Protocols for entities referred to in the National Protocols as Australian universities; and
(b)
whose name is included, or who owns or controls a business name that is included, in the *Australian Qualifications Framework Register as an Australian university.
Definition of
"
Australian university
"
inserted by No 72 of 2007, s 3 and Sch 1 item 51, effective 31 December 2007.
available
(Repealed by No 104 of 2011)
History
Definition of
"
available
"
repealed by No 104 of 2011, s 3 and Sch 2 item 28, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
. The definition formerly read:
available
, in relation to the amount of a person
'
s *Student Learning Entitlement, has the meaning given by section
82-5
.
AWE
(Repealed by No 76 of 2018)
History
Definition of
"
AWE
"
repealed by No 76 of 2018, s 3 and Sch 1 item 13, effective 1 July 2019 and applicable in relation to the 2020-21 income year and later income years. The definition formerly read:
AWE
has the meaning given by subsection 154-25(2).
Basic grant amount
(Repealed by No 93 of 2020)
History
Definition of
"
Basic grant amount
"
repealed by No 93 of 2020, s 3 and Sch 1 item 31, effective 28 October 2020. For application provisions, see note under s
30-12
. The definition formerly read:
Basic grant amount
has the meaning given in section 33-5.
Bridging course for overseas-trained professionals
has the meaning given by section
104-45
.
census date
:
(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 subsection
169-25(1)
; and
(ii)
if the student undertaking the unit has accessed it through Open Universities Australia
-
the date determined under subsection
104-4(5)
; and
(aa)
for an *accelerator program course for a period ascertained in accordance with the Administration Guidelines, means the date determined for that period under subsection
169-25(1A)
; and
(b)
for a *VET unit of study for a year, means the date determined under clause
67
of Schedule
1A
.
History
Definition of
"
census date
"
amended by No 36 of 2023, s 3 and Sch 1 items 67 and 68, by substituting
"
subsection 169-25(1)
"
for
"
section 169-25
"
in para (a)(i) and inserting para (aa), effective 29 June 2023.
Definition of
"
census date
"
substituted by No 170 of 2007, s 3 and Sch 1 item 22, effective 1 January 2008. The definition formerly read:
Census date
, for a unit of study for a year, means:
(a)
if the student undertaking the unit has not accessed it through *Open Universities Australia
-
the date determined under section 169-25; and
(b)
if the student undertaking the unit has accessed it through Open Universities Australia
-
the date determined under subsection
104-4(5)
.
census day
, for a course or a part of a course, has the same meaning as in the
VET Student Loans Act 2016
.
History
Definition of
"
census day
"
inserted by No 62 of 2020, s 3 and Sch 3 item 3, effective 19 June 2020.
Centrelink
(Repealed by No 32 of 2011)
History
Definition of
"
Centrelink
"
repealed by No 32 of 2011, s 3 and Sch 4 item 279, effective 1 July 2011. For transitional provisions see note under s
46-20(2)
. The definition formerly read:
Centrelink
means the Commonwealth Services Delivery Agency established by the
Commonwealth Services Delivery Agency Act 1997
.
Definition of
"
Centrelink
"
inserted by No 17 of 2010, s 3 and Sch 1 item 6, effective 1 April 2010.
Chief Executive Centrelink
has the same meaning as in the
Human Services (Centrelink) Act 1997
.
History
Definition of
"
Chief Executive Centrelink
"
inserted by No 32 of 2011, s 3 and Sch 4 item 280, effective 1 July 2011. For transitional provisions see note under s
46-20(2)
.
civil penalty provision
:
(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
.
History
Definition of
"
civil penalty provision
"
substituted by No 83 of 2017, s 3 and Sch 3 item 40, effective 17 August 2017. The definition formerly read:
civil penalty provision
means each of the following clauses or subclauses of Schedule 1A:
(a)
subclauses 39DB(1) and (2);
(b)
subclauses 39DC(1) and (2);
(c)
clause 39DE;
(d)
subclause 39DF(1);
(e)
subclause 39DG(1);
(f)
subclauses 39DH(1) and (2);
(g)
subclauses 39DI(1) and (2);
(h)
clauses 39DJ, 39DK and 39DL.
Definition of
"
civil penalty provision
"
inserted by No 168 of 2015, s 3 and Sch 1 item 30, effective 31 December 2015.
Commissioner
means the Commissioner of Taxation.
Commonwealth contribution amount
means an amount specified in subsection
33-10(1)
.
History
Definition of
"
Commonwealth contribution amount
"
amended by No 93 of 2020, s 3 and Sch 1 item 32, by substituting
"
subsection 33-10(1)
"
for
"
section 33-10
"
, effective 28 October 2020. For application provisions, see note under s
30-12
.
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
.
History
Definition of
"
compact and academic freedom requirements
"
inserted by No 104 of 2011, s 3 and Sch 3 item 7, applicable in relation to the year commencing on 1 January 2012 or a later year.
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
.
History
Definition of
"
compulsory repayment amount
"
amended by No 154 of 2015, s 3 and Sch 1 item 8, by inserting
"
or 154-16
"
in para (a), applicable in relation to the 2016-17 income year and later income years.
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)
History
Definition of
"
corrected basic amount
"
repealed by No 104 of 2011, s 3 and Sch 1 item 29, applicable in relation to the year commencing on 1 January 2012 or a later year. The definition formerly read:
corrected basic amount
has the meaning given by subsection
33-25(5)
.
Course of study
means:
(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; or
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.
(d)
in Part
3-3
and any other provision of this Act, to the extent that the provision applies, or relates, to *FEE-HELP assistance (and without limiting paragraph (a), (b) or (c) of this definition)
-
a *microcredential course.
History
Definition of
"
Course of study
"
amended by No 64 of 2022, s 3 and Sch 1 item 15, by inserting para (d), effective 30 November 2022.
course of study in aviation
see subsection
128-20(2)
.
History
Definition of
"
course of study in aviation
"
inserted by No 103 of 2019, s 3 and Sch 1 item 3, effective 1 January 2020.
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.
History
Definition of
"
course of study in dentistry
"
amended by No 38 of 2012, s 3 and Sch 1 items 12 and 13, by inserting
"
minimum
"
and
"
, regardless of whether further dentistry study is completed before registration is sought
"
, applicable for the purposes of working out the FEE-HELP limit in relation to the following persons: (a) a person who is enrolled in a course of study in dentistry or a course of study in veterinary science on 16 April 2012; (b) a person who enrols in a course of study in dentistry or a course of study in veterinary science on or after 16 April 2012.
Definition of
"
course of study in dentistry
"
inserted by No 121 of 2006, s 3 and Sch 2 item 7, effective 1 January 2007.
course of study in education
: see section
142-5
.
History
Definition of
"
course of study in education
"
inserted by No 103 of 2019, s 3 and Sch 2 item 14, effective 1 January 2020.
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.
History
Definition of
"
course of study in medicine
"
substituted by No 119 of 2007, s 3 and Sch 5 item 2, effective 1 January 2008. The definition formerly read:
course of study in medicine
has the meaning given by subsection 36-35(4).
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.
History
Definition of
"
course of study in veterinary science
"
amended by No 38 of 2012, s 3 and Sch 1 items 14 and 15, by inserting
"
minimum
"
and
"
, regardless of whether further veterinary science study is completed before registration is sought
"
, applicable for the purposes of working out the FEE-HELP limit in relation to the following persons: (a) a person who is enrolled in a course of study in dentistry or a course of study in veterinary science on 16 April 2012; (b) a person who enrols in a course of study in dentistry or a course of study in veterinary science on or after 16 April 2012.
Definition of
"
course of study in veterinary science
"
inserted by No 121 of 2006, s 3 and Sch 2 item 8, effective 1 January 2007.
covered
(Repealed by No 104 of 2011)
History
Definition of
"
covered
"
repealed by No 104 of 2011, s 3 and Sch 2 item 29, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
. The definition formerly read:
covered
: Division 82 defines whether a unit of study is covered by a person
'
s *Student Learning Entitlement.
covered by a person
'
s Student Learning Entitlement
has the meaning given by subsections
82-1(1)
and
(2)
and
82-5(2)
.
History
Definition of
"
covered by a person
'
s Student Learning Entitlement
"
inserted by No 93 of 2020, s 3 and Sch 4B item 12, effective 1 January 2022.
decision maker
:
(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.
History
Definition of
"
decision maker
"
substituted by No 170 of 2007, s 3 and Sch 1 item 23, effective 1 January 2008. The definition formerly read:
decision maker
, 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. domestic student means a student who is not an *overseas student.
default
: see section
166-10
.
History
Definition of
"
default
"
inserted by No 111 of 2019, s 3 and Sch 2 item 31, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
demand driven higher education course
means a *course of study that:
(a)
is undertaken by an *Indigenous person; 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.
History
Definition of
"
demand driven higher education course
"
amended by No 89 of 2023, s 3 and Sch 1 item 1, by substituting para (a), effective 6 November 2023 and applicable in relation to the following: (a) funding agreements entered into under Part 2-2 of that Act in respect of 2024 and later calendar years; (b) grants payable under that Part for 2024 and later calendar years. Para (a) formerly read:
(a)
is undertaken by an *eligible Indigenous person for the course of study with a *Table A provider; and
Definition of
"
demand driven higher education course
"
inserted by No 93 of 2020, s 3 and Sch 1 item 33, effective 28 October 2020. For application provisions, see note under s
30-12
.
Departmental investigator
means a person appointed under subclause
39GA(1)
of Schedule
1A
.
History
Definition of
"
Departmental investigator
"
inserted by No 168 of 2015, s 3 and Sch 1 item 30, effective 31 December 2015.
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
).
History
Definition of
"
dependent child
"
inserted by No 160 of 2015, s 3 and Sch 1 item 11, applicable in relation to a unit of study that has a census date on or after 1 January 2016.
designated courses of study
(Repealed by No 93 of 2020)
History
Definition of
"
designated courses of study
"
repealed by No 93 of 2020, s 3 and Sch 1 item 34, effective 28 October 2020. For application provisions, see note under s
30-12
. The definition formerly read:
designated courses of study
has the meaning given by subsection 30-12(1).
Definition of
"
designated courses of study
"
inserted by No 104 of 2011, s 3 and Sch 1 item 30, applicable in relation to the year commencing on 1 January 2012 or a later year.
designated higher education course
has the meaning given by subsection
30-12(1)
.
History
Definition of
"
designated higher education course
"
inserted by No 93 of 2020, s 3 and Sch 1 item 35, effective 28 October 2020. For application provisions, see note under s
30-12
.
EFTSL
has the meaning given by section
169-27
.
History
Definition of
"
EFTSL
"
amended by No 104 of 2011, s 3 and Sch 2 item 30, by substituting
"
169-27
"
for
"
73-10
"
, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
.
EFTSL value
:
(a)
of a unit of study
-
has the meaning given by subsection
169-28(1)
; or
(b)
of an *accelerator program course
-
has the meaning given by subsection
169-28(3A)
.
History
Definition of
"
EFTSL value
"
substituted by No 36 of 2023, s 3 and Sch 1 item 69, by , effective 29 June 2023. The definition formerly read:
EFTSL value
, of a unit of study, has the meaning given by section
169-28
.
Definition of
"
EFTSL value
"
amended by No 104 of 2011, s 3 and Sch 2 item 31, by substituting
"
169-28
"
for
"
73-15
"
, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
.
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)
.
History
Definition of
"
eligible former permanent humanitarian visa holder
"
inserted by No 55 of 2021, s 3 and Sch 1 item 4, effective 1 January 2022.
eligible Indigenous person
(Repealed by No 89 of 2023)
History
Definition of
"
eligible Indigenous person
"
repealed by No 89 of 2023, s 3 and Sch 1 item 2, effective 6 November 2023 and applicable in relation to the following: (a) funding agreements entered into under Part 2-2 of that Act in respect of 2024 and later calendar years; (b) grants payable under that Part for 2024 and later calendar years. The definition formerly read:
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.
Definition of
"
eligible Indigenous person
"
inserted by No 93 of 2020, s 3 and Sch 1 item 35, effective 28 October 2020. For application provisions, see note under s
30-12
.
eligible person
has the meaning given by subsection
73-5(4)
.
History
Definition of
"
eligible person
"
inserted by No 93 of 2020, s 3 and Sch 4B item 12, effective 1 January 2022.
Former definition of
"
eligible person
"
repealed by No 104 of 2011, s 3 and Sch 2 item 32, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
. The definition formerly read:
eligible person
has the meaning given by subsection 73-5(3).
Eligible scholarship provider
has the meaning given by subsection
46-15(3)
.
employee
(Repealed by No 32 of 2011)
History
Definition of
"
employee
"
repealed by No 32 of 2011, s 3 and Sch 4 item 281, effective 1 July 2011. For transitional provisions see note under s
46-20(2)
. The definition formerly read:
employee
of Centrelink means an employee within the meaning of the
Commonwealth Services Delivery Agency Act 1997
.
Definition of
"
employee
"
inserted by No 17 of 2010, s 3 and Sch 1 item 7, effective 1 April 2010.
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.
enrolled
:
(a)
a person
enrolled
in a *course of study includes a person undertaking the course of study; and
(aa)
a person
enrolled
in an *accelerator program course includes a person undertaking the accelerator program course; and
(b)
a person
enrolled
in a *VET course of study includes a person undertaking the VET course of study.
History
Definition of
"
enrolled
"
amended by No 36 of 2023, s 3 and Sch 1 item 70, by inserting para (aa), effective 29 June 2023.
Definition of
"
enrolled
"
substituted by No 170 of 2007, s 3 and Sch 1 item 24, effective 1 January 2008. The definition formerly read:
enrolled
: a person enrolled in a *course of study includes a person undertaking the 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
.
History
Definition of
"
Federal Register of Legislation
"
inserted by No 126 of 2015, s 3 and Sch 1 item 296, effective 5 March 2016.
Federal Register of Legislative Instruments
(Repealed by No 126 of 2015)
History
Definition of
"
Federal Register of Legislative Instruments
"
repealed by No 126 of 2015, s 3 and Sch 1 item 297, effective 5 March 2016. The definition formerly read:
Federal Register of Legislative Instruments
means the Federal Register of Legislative Instruments established under the
Legislative Instruments Act 2003
.
Definition of
"
Federal Register of Legislative Instruments
"
inserted by No 160 of 2012, s 3 and Sch 2 item 17, applicable in relation to decisions to revoke a body
'
s approval as a higher education provider or VET provider made on or after 29 November 2012.
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)
History
Definition of
"
FEE-HELP balance
"
repealed by No 76 of 2018, s 3 and Sch 3 item 120, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading. The definition formerly read:
FEE-HELP balance
has the meaning given by section
104-15
.
FEE-HELP debt
has the meaning given by section
137-10
.
FEE-HELP limit
(Repealed by No 76 of 2018)
History
Definition of
"
FEE-HELP limit
"
repealed by No 76 of 2018, s 3 and Sch 3 item 120, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading. The definition formerly read:
FEE-HELP limit
has the meaning given by section
104-20
.
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
.
History
Definition of
"
first funding cluster
"
inserted by No 93 of 2020, s 3 and Sch 1 item 35, effective 28 October 2020. For application provisions, see note under s
30-12
.
foreign resident
has the meaning given by subsection
995-1(1)
of the
Income Tax Assessment Act 1997
.
History
Definition of
"
foreign resident
"
inserted by No 154 of 2015, s 3 and Sch 1 item 9, applicable in relation to the 2016-17 income year and later income years.
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
.
History
Definition of
"
general interest charge rate
"
inserted by No 168 of 2015, s 3 and Sch 1 item 22, effective 31 December 2015.
government accreditation authority
(Repealed by No 74 of 2011)
History
Definition of
"
government accreditation authority
"
repealed by No 74 of 2011, s 3 and Sch 2 item 26, effective 29 January 2012. The definition formerly read:
government accreditation authority
means:
(a)
the Commonwealth; or
(b)
a State or Territory accreditation agency listed in the *Australian Qualifications Framework Register.
Definition of
"
government accreditation authority
"
inserted by No 72 of 2007, s 3 and Sch 1 item 52, effective 31 December 2007.
grandfathered Commonwealth contribution amount
has the meaning given by subsection
33-10(2)
.
History
Definition of
"
grandfathered Commonwealth contribution amount
"
inserted by No 93 of 2020, s 3 and Sch 1 item 35, effective 28 October 2020. For application provisions, see note under s
30-12
.
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.
History
Definition of
"
grandfathered funding cluster part
"
inserted by No 93 of 2020, s 3 and Sch 1 item 35, effective 28 October 2020. For application provisions, see note under s
30-12
.
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;
(ia)
the person commenced a course of study (the
ongoing course
) with a higher education provider before 1 January 2021 and, on or after that day, the person completes the ongoing course and commences another course of study (the
honours course
) that relates to the ongoing course and that is leading to a *higher education award that is an honours degree;
(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)
.
History
Definition of
"
grandfathered student
"
amended by No 3 of 2023, s 3 and Sch 1 items 1 and 2, by inserting para (a)(ia) and substituting
"
higher education award
"
for
"
*higher education award
"
in para (a)(ii), effective 21 February 2023. For application and transitional provisions, see note under Sch
1
cl
1(1CA)
.
Definition of
"
grandfathered student
"
amended by No 55 of 2021, s 3 and Sch 1 items 28
-
30, by substituting para (c) and (d) for para (c),
"
Note 1
"
for
"
Note
"
and inserting note 2, effective 25 June 2021 and applicable in relation to the following: (a) funding agreements entered into under Part 2-2 of that Act in respect of 2021 and later calendar years; (b) grants payable under Part 2-2 of that Act for 2021 and later calendar years; (c) units of study with a census date on or after 1 January 2021. Para (c) formerly read:
(c)
the person undertakes a unit of study as part of the ongoing course, honours course, later course or higher qualification course (as the case may be) that has a *census date that is on or after 1 January 2021.
Definition of
"
grandfathered student
"
inserted by No 93 of 2020, s 3 and Sch 1 item 35, effective 28 October 2020. For application provisions, see note under s
30-12
.
grant year
has the meaning given by subsection
30-25(1)
.
History
Definition of
"
grant year
"
inserted by No 93 of 2020, s 3 and Sch 1 item 35, effective 28 October 2020. For application provisions, see note under s
30-12
.
HECS-HELP assistance
means assistance payable under Part
3-2
.
HECS-HELP benefit
(Repealed by No 55 of 2016)
History
Definition of
"
HECS-HELP benefit
"
repealed by No 55 of 2016, s 3 and Sch 3 item 15, effective 1 July 2017. For application and saving provision, see note under Div
157
heading. The definition formerly read:
HECS-HELP benefit
means a benefit for an *income year that:
(a)
if a *compulsory repayment amount is required to be paid
-
has the effect of reducing the amount actually payable for that year; and
(b)
if a compulsory repayment amount is not required to be paid
-
reduces a person
'
s *accumulated HELP debt for that year.
Definition of
"
HECS-HELP benefit
"
inserted by No 43 of 2008, s 3 and Sch 1 item 16, applicable in respect of the 2008-2009 and later income years.
HECS-HELP debt
has the meaning given by section
137-5
.
HECS-HELP discount
(Repealed by No 64 of 2022)
History
Definition of
"
HECS-HELP discount
"
repealed by No 64 of 2022, s 3 and Sch 4 item 15, applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2023. The definition formerly read:
HECS-HELP discount
has the meaning given by subsection 96-2(5).
Definition of
"
HECS-HELP discount
"
inserted by No 93 of 2020, s 3 and Sch 4A item 11, applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2021.
Former definition of
"
HECS-HELP discount
"
repealed by No 169 of 2015, s 3 and Sch 3 item 9, applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2017. The definition formerly read:
HECS-HELP discount
has the meaning given by subsection
96-5(4)
.
HELP balance
has the meaning given by section
128-15
.
History
Definition of
"
HELP balance
"
inserted by No 76 of 2018, s 3 and Sch 3 item 121, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
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
.
History
Definition of
"
HELP loan limit
"
inserted by No 76 of 2018, s 3 and Sch 3 item 121, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
HELP program
has the meaning given by subsection
180-28(6)
.
History
Definition of
"
HELP program
"
inserted by No 74 of 2016, s 3 and Sch 2 item 18, effective 24 November 2016. For transitional provisions, see note under s
180-28
.
HELP program Commonwealth officer
has the meaning given by subsection
180-28(7)
.
History
Definition of
"
HELP program Commonwealth officer
"
inserted by No 74 of 2016, s 3 and Sch 2 item 18, effective 24 November 2016. For transitional provisions, see note under s
180-28
.
HELP Tuition Protection Director
(Repealed by No 101 of 2020)
History
Definition of
"
HELP Tuition Protection Director
"
repealed by No 101 of 2020, s 3 and Sch 2 item 67(a), effective 1 January 2021. The definition formerly read:
HELP Tuition Protection Director
means the person referred to in section 167-15.
Definition of
"
HELP Tuition Protection Director
"
inserted by No 111 of 2019, s 3 and Sch 2 item 31, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
HELP Tuition Protection Fund
(Repealed by No 101 of 2020)
History
Definition of
"
HELP Tuition Protection Fund
"
repealed by No 101 of 2020, s 3 and Sch 2 item 67(b), effective 1 January 2021. The definition formerly read:
HELP Tuition Protection Fund
means the *HELP Tuition Protection Fund established by section 167-1.
Definition of
"
HELP Tuition Protection Fund
"
inserted by No 111 of 2019, s 3 and Sch 2 item 31, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
HELP Tuition Protection Fund Advisory Board
(Repealed by No 101 of 2020)
History
Definition of
"
HELP Tuition Protection Fund Advisory Board
"
repealed by No 101 of 2020, s 3 and Sch 2 item 67(c), effective 1 January 2021. The definition formerly read:
HELP Tuition Protection Fund Advisory Board
means the HELP Tuition Protection Fund Advisory Board established by section 167-30.
Definition of
"
HELP Tuition Protection Fund Advisory Board
"
inserted by No 111 of 2019, s 3 and Sch 2 item 31, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
HELP tuition protection levy
means levy imposed by the
Higher Education Support (HELP Tuition Protection Levy) Act 2019
.
History
Definition of
"
HELP tuition protection levy
"
inserted by No 111 of 2019, s 3 and Sch 2 item 31, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
HESA investigator
means a person appointed under subsection
215-35(1)
.
History
Definition of
"
HESA investigator
"
inserted by No 83 of 2017, s 3 and Sch 3 item 41, effective 17 August 2017.
Higher education award
means:
(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.
History
Definition of
"
Higher education award
"
amended by No 103 of 2019, s 3 and Sch 3 item 18, by substituting para (c), effective 28 November 2019. Para (c) formerly read:
(c)
any other award specified as a higher education award under the *Australian Qualifications Framework.
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.
History
Definition of
"
higher education course
"
inserted by No 93 of 2020, s 3 and Sch 1 item 35, effective 28 October 2020. For application provisions, see note under s
30-12
.
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
.
History
Definition of
"
higher education provider charge
"
inserted by No 86 of 2019, s 3 and Sch 1 item 4, effective 1 January 2020.
Higher Education Support Act information
has the meaning given by section
180-5
.
History
Definition of
"
Higher Education Support Act information
"
inserted by No 156 of 2012, s 3 and Sch 3 item 9, applicable to information obtained or created before, on or after 18 November 2012.
Higher Education Tuition Protection Director
means the person referred to in section
167-15
.
History
Definition of
"
Higher Education Tuition Protection Director
"
inserted by No 101 of 2020, s 3 and Sch 2 item 68, effective 1 January 2021.
Higher Education Tuition Protection Fund
means the Fund established by section
167-1
.
History
Definition of
"
Higher Education Tuition Protection Fund
"
inserted by No 101 of 2020, s 3 and Sch 2 item 68, effective 1 January 2021.
Higher Education Tuition Protection Fund Advisory Board
means the Board established by section
167-30
.
History
Definition of
"
Higher Education Tuition Protection Fund Advisory Board
"
inserted by No 101 of 2020, s 3 and Sch 2 item 68, effective 1 January 2021.
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)
History
Definition of
"
indexation period
"
repealed by No 55 of 2016, s 3 and Sch 2 item 4, effective 1 January 2018. The definition formerly read:
indexation period
has the meaning given by subsection 198-20(7).
Definition of
"
indexation period
"
inserted by No 111 of 2010, s 3 and Sch 1 item 5, applicable in respect of the Higher Education Grants Index number published by the Minister in the
Gazette
for the 2012 year and subsequent years.
index number
:
(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
.
History
Definition of
"
index number
"
amended by No 76 of 2018, s 3 and Sch 1 item 14, by substituting para (a), effective 1 July 2019 and applicable in relation to the 2020-21 income year and later income years. Para (a) formerly read:
(a)
for the purposes of Part 4-1, has the meaning given by section 140-15; and
Indigenous person
has the same meaning as in the
Indigenous Education (Targeted Assistance) Act 2000
.
History
Definition of
"
Indigenous person
"
inserted by No 93 of 2020, s 3 and Sch 1 item 35, effective 28 October 2020. For application provisions, see note under s
30-12
.
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.
History
Definition of
"
ineligible work experience unit
"
inserted by No 93 of 2020, s 3 and Sch 1 item 35, effective 28 October 2020. For application provisions, see note under s
30-12
.
judicial officer
means:
(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.
History
Definition of
"
judicial officer
"
amended by No 13 of 2021, s 3 and Sch 2 item 458, by substituting para (c), effective 1 September 2021. Para (c) formerly read:
(c)
a Judge of the Federal Circuit Court of Australia; or
Definition of
"
judicial officer
"
inserted by No 168 of 2015, s 3 and Sch 1 item 30, effective 31 December 2015.
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)
.
History
Definition of
"
lifelong SLE
"
inserted by No 93 of 2020, s 3 and Sch 4B item 12, effective 1 January 2022.
Former definition of
"
lifelong SLE
"
repealed by No 104 of 2011, s 3 and Sch 2 item 33, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
. The definition formerly read:
lifelong SLE
, of a person, means the amount of *Student Learning Entitlement that the person has under section 73-22, as reduced (if applicable) under Division 76.
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)
History
Definition of
"
Listed self-accrediting entity
"
repealed by No 72 of 2007, s 3 and Sch 1 item 53, effective 31 December 2007. The definition formerly read:
Listed self-accrediting entity
means a person who:
(a)
is included; or
(b)
who owns or controls a business name that is included;
in the *Australian Qualifications Framework Register as the name of a higher education institution empowered to issue its own qualifications.
location-preferred HELP debtor (health practitioner)
: see section
144-1
.
History
Definition of
"
location-preferred HELP debtor (health practitioner)
"
inserted by No 3 of 2023, s 3 and Sch 2 item 37, effective 21 February 2023. For application, saving and transitional provisions, see note under Div
144
heading.
location-preferred HELP debtor (teacher)
: see section
142-1
.
History
Definition of
"
location-preferred HELP debtor (teacher)
"
inserted by No 3 of 2023, s 3 and Sch 2 item 37, effective 21 February 2023. For application, saving and transitional provisions, see note under Div
144
heading.
maximum basic grant amount
has the meaning given by section
30-27
.
History
Definition of
"
maximum basic grant amount
"
amended by No 93 of 2020, s 3 and Sch 1 item 36, by substituting
"
section 30-27
"
for
"
subsection 30-27(1)
"
, effective 28 October 2020. For application provisions, see note under s
30-12
.
Definition of
"
maximum basic grant amount
"
inserted by No 104 of 2011, s 3 and Sch 1 item 31, applicable in relation to the year commencing on 1 January 2012 or a later year.
maximum OS-HELP amount
(Repealed by No 112 of 2013)
History
Definition of
"
maximum OS-HELP amount
"
repealed by No 112 of 2013, s 3 and Sch 1 item 24, effective 30 June 2013. For application provisions see note under s
121-1
. The definition formerly read:
maximum OS-HELP amount
has the meaning given by section
121-5
.
maximum OS-HELP (Asian language study) amount
has the meaning given by section
121-15
.
History
Definition of
"
maximum OS-HELP (Asian language study) amount
"
inserted by No 112 of 2013, s 3 and Sch 1 item 25, effective 30 June 2013. For application provisions see note under s
121-1
.
maximum OS-HELP (overseas study) amount
has the meaning given by section
121-5
.
History
Definition of
"
maximum OS-HELP (overseas study) amount
"
inserted by No 112 of 2013, s 3 and Sch 1 item 25, effective 30 June 2013. For application provisions see note under s
121-1
.
maximum student contribution amount for a place
has the meaning given by section
93-10
.
History
Definition of
"
maximum student contribution amount
"
amended by No 93 of 2020, s 3 and Sch 2 item 8, by substituting
"
section 93-10
"
for
"
subsection 93-10(1)
"
, effective 28 October 2020.
Definition of
"
maximum student contribution amount
"
amended by No 119 of 2007, s 3 and Sch 7 item 6, by substituting
"
subsection 93-10(1)
"
for
"
section 93-10
"
, effective 1 January 2008.
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
.
History
Definition of
"
meets the tax file number requirements
"
substituted by No 170 of 2007, s 3 and Sch 1 item 25, effective 1 January 2008. The definition formerly read:
Meets the tax file number requirements
has the meaning given by section
187-1
.
microcredential course
means a course of instruction:
(a)
that consists of one or more units of study; and
(b)
that meets the requirements specified in the FEE-HELP Guidelines.
History
Definition of
"
microcredential course
"
inserted by No 64 of 2022, s 3 and Sch 1 item 16, effective 30 November 2022.
Military Rehabilitation and Compensation Commission
means the Military Rehabilitation and Compensation Commission established by section 361 of the
Military Rehabilitation and Compensation Act 2004
.
History
Definition of
"
Military Rehabilitation and Compensation Commission
"
inserted by No 17 of 2010, s 3 and Sch 1 item 8, effective 1 April 2010.
Minimum OS-HELP amount
(Repealed by No 112 of 2013)
History
Definition of
"
Minimum OS-HELP amount
"
repealed by No 112 of 2013, s 3 and Sch 1 item 26, effective 30 June 2013. For application provisions see note under s
121-1
. The definition formerly read:
Minimum OS-HELP amount
means an amount determined under section
121-10
.
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
.
History
Definition of
"
minimum OS-HELP (Asian language study) amount
"
inserted by No 112 of 2013, s 3 and Sch 1 item 27, effective 30 June 2013. For application provisions see note under s
121-1
.
minimum OS-HELP (overseas study) amount
, in relation to a higher education provider, means an amount determined by the provider under section
121-10
.
History
Definition of
"
minimum OS-HELP (overseas study) amount
"
inserted by No 112 of 2013, s 3 and Sch 1 item 27, effective 30 June 2013. For application provisions see note under s
121-1
.
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)
History
Definition of
"
National Protocol 1
"
inserted by No 72 of 2007, s 3 and Sch 1 item 54, effective 31 December 2007. The definition formerly read:
National Protocol 1
means
"
Protocol 1
-
Criteria and processes for recognition of universities
"
, in the *National Protocols.
National Protocol 3
(Repealed by No 72 of 2007)
History
Definition of
"
National Protocol 3
"
repealed by No 72 of 2007, s 3 and Sch 1 item 55, effective 31 December 2007. The definition formerly read:
National Protocol 3
means
"
Protocol 3
-
The accreditation of higher education courses to be offered by non self-accrediting providers
"
, in the *National Protocols.
National Protocols
(Repealed by No 74 of 2011)
History
Definition of
"
National Protocols
"
repealed by No 74 of 2011, s 3 and Sch 2 item 27, effective 29 January 2012. The definition formerly read:
National Protocols
means the National Protocols for Higher Education Approval Processes (first endorsed by the Ministerial Council on Employment, Education, Training and Youth Affairs on 31 March 2000), as in force from time to time.
National Register
has the same meaning as in the
National Vocational Education and Training Regulator Act 2011
.
History
Definition of
"
National Register
"
inserted by No 14 of 2011, s 3 and Sch 1 item 49, effective 1 July 2011.
National VET Regulator
has the same meaning as in the
National Vocational Education and Training Regulator Act 2011
.
History
Definition of
"
National VET Regulator
"
inserted by No 14 of 2011, s 3 and Sch 1 item 50, effective 1 July 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)
History
Definition of
"
non-designated courses of study
"
repealed by No 93 of 2020, s 3 and Sch 1 item 37, effective 28 October 2020. For application provisions, see note under s
30-12
. The definition formerly read:
non-designated courses of study
means *courses of study other than *designated courses of study.
Definition of
"
non-designated courses of study
"
inserted by No 104 of 2011, s 3 and Sch 1 item 32, applicable in relation to the year commencing on 1 January 2012 or a later year.
non-grandfathered student
means a person other than a *grandfathered student.
History
Definition of
"
non-grandfathered student
"
inserted by No 93 of 2020, s 3 and Sch 1 item 38, effective 28 October 2020. For application provisions, see note under s
30-12
.
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.
History
Definition of
"
non self-accrediting entity
"
substituted by No 74 of 2011, s 3 and Sch 2 item 28, effective 29 January 2012. The definition formerly read:
non self-accrediting entity
means a body corporate (other than an *Australian university or a *self-accrediting entity):
(a)
whose name is included; or
(b)
who owns or controls a business name that is included;
in the *Australian Qualifications Framework Register as a body authorised to offer *courses of study leading to *higher education awards, but not to accredit any of those courses.
Definition of
"
non self-accrediting entity
"
inserted by No 72 of 2007, s 3 and Sch 1 item 56, effective 31 December 2007.
non self-accrediting provider
(Repealed by No 72 of 2007)
History
Definition of
"
non self-accrediting provider
"
repealed by No 72 of 2007, s 3 and Sch 1 item 57, effective 31 December 2007. The definition formerly read:
non-self-accrediting provider
has the meaning given by subsection
16-25(4)
.
NTIS
(Repealed by No 14 of 2011)
History
Definition of
"
NTIS
"
repealed by No 14 of 2011, s 3 and Sch 1 item 51, effective 1 July 2011. The definition formerly read:
NTIS
means the National Training Information Service maintained by the Commonwealth in conjunction with the States and Territories.
Definition of
"
NTIS
"
inserted by No 170 of 2007, s 3 and Sch 1 item 26, effective 1 January 2008.
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)
.
History
Definition of
"
number of Commonwealth supported places
"
substituted by No 93 of 2020, s 3 and Sch 1 item 39, effective 28 October 2020. For application provisions, see note under s
30-12
. The definition formerly read:
Number of Commonwealth supported places
means:
(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.
means:
(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)
History
Definition of
"
NVETR Commissioner
"
repealed by No 77 of 2020, s 3 and Sch 1 item 66, effective 1 January 2021. The definition formerly read:
NVETR Commissioner
means:
(a)
the Chief Commissioner; or
(b)
a Commissioner;
within the meaning of the
National Vocational Education and Training Regulator Act 2011
.
Definition of
"
NVETR Commissioner
"
inserted by No 168 of 2015, s 3 and Sch 1 item 30, effective 31 December 2015.
NVETR investigator
means a person appointed under subclause
39GA(2)
of Schedule
1A
.
History
Definition of
"
NVETR investigator
"
inserted by No 168 of 2015, s 3 and Sch 1 item 30, effective 31 December 2015.
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
).
History
Definition of
"
NVETR staff member
"
inserted by No 168 of 2015, s 3 and Sch 1 item 30, effective 31 December 2015.
Occupation
includes the meaning given by section
104-65
.
offering
(Repealed by No 74 of 2011)
History
Definition of
"
offering
"
repealed by No 74 of 2011, s 3 and Sch 2 item 29, effective 29 January 2012. The definition formerly read:
offering
, in relation to an external Territory, has the meaning given by subsection
228-15(2)
.
Definition of
"
offering
"
substituted by No 72 of 2007, s 3 and Sch 1 item 58, effective 31 December 2007. The definition formerly read:
Offering
has the meaning given by subsection
228-15(2)
.
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)
.
History
Definition of
"
officer of a registered higher education provider
"
inserted by No 101 of 2020, s 3 and Sch 2 item 80, effective 1 January 2021.
officer of a Tertiary Admission Centre
has the meaning given by subsection
179-15(3B)
.
History
Definition of
"
officer of a Tertiary Admission Centre
"
inserted by No 121 of 2009, s 3 and Sch 2 item 16, effective 7 December 2009.
officer of a VET provider
has the meaning given by subclause
74(3)
of Schedule
1A
.
History
Definition of
"
officer of a VET provider
"
inserted by No 170 of 2007, s 3 and Sch 1 item 27, effective 1 January 2008.
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
.
History
Definition of
"
official employment
"
substituted by No 170 of 2007, s 3 and Sch 1 item 28, effective 1 January 2008. The definition formerly read:
official employment
has the meaning given by subsection
179-15(4)
.
Open Universities Australia
means Open Universities Australia Pty Ltd (ACN 053 431 888).
operating
(Repealed by No 74 of 2011)
History
Definition of
"
operating
"
repealed by No 74 of 2011, s 3 and Sch 2 item 30, effective 29 January 2012. The definition formerly read:
operating
, in relation to an external Territory, has the meaning given by subsections
228-15(1A)
and
(1)
.
Definition of
"
operating
"
substituted by No 72 of 2007, s 3 and Sch 1 item 59, effective 31 December 2007. The definition formerly read:
Operating
has the meaning given by subsection
228-15(1)
.
ordinary SLE
means ordinary SLE that a person has under subsection
73-5(1)
or
(2)
.
History
Definition of
"
ordinary SLE
"
inserted by No 93 of 2020, s 3 and Sch 4B item 12, effective 1 January 2022.
Former definition of
"
ordinary SLE
"
repealed by No 104 of 2011, s 3 and Sch 2 item 34, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
. The definition formerly read:
ordinary SLE
of a person means the amount of *Student Learning Entitlement that the person has under section 73-5, as reduced (if applicable) under Division 76.
original course
means a *course of study in relation to which a higher education provider has *defaulted.
History
Definition of
"
original course
"
inserted by No 111 of 2019, s 3 and Sch 2 item 31, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
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)
.
History
Definition of
"
Overseas student
"
amended by No 144 of 2008, s 3 and Sch 5 items 7 and 8, by inserting
"
, de facto partner (within the meaning of the
Acts Interpretation Act 1901
)
"
after
"
spouse
"
in para (e) and inserting the note at the end, effective 10 December 2008.
Pacific engagement visa holder
means the holder of:
(a)
a visa referred to in the regulations made under the
Migration Act 1958
as a Subclass 192 (Pacific Engagement) visa; or
(b)
a visa of a kind determined under subclause
(4)
.
History
Definition of
"
Pacific engagement visa holder
"
inserted by No 100 of 2023, s 3 and Sch 1 item 10, effective 29 March 2024.
Paris Agreement
means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
History
Definition of
"
Paris Agreement
"
inserted by No 5 of 2023, s 3 and Sch 1 item 11, effective 15 March 2023.
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)
.
History
Definition of
"
pre-1 July 2019 VSL debt
"
inserted by No 116 of 2018, s 3 and Sch 1 item 11, effective 1 July 2019.
provider obligation period
: see subsection
166-25(2)
.
History
Definition of
"
provider obligation period
"
inserted by No 101 of 2020, s 3 and Sch 2 item 103, applicable in relation to provider defaults that occur on or after 1 January 2021.
qualified auditor
means:
(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.
History
Definition of
"
qualified auditor
"
amended by No 83 of 2017, s 3 and Sch 3 item 42, by substituting para (a) for para (a) to (c), effective 17 August 2017 and applicable in relation to financial statements provided for annual financial reporting periods that commence on or after 1 July 2018. Para (a) to (c) formerly read:
(a)
the Auditor-General of a State, of the Australian Capital Territory or of the Northern Territory; or
(b)
a person registered as a company auditor or a public accountant under a law in force in a State, the Australian Capital Territory or the Northern Territory; or
(c)
a member of the Institute of Chartered Accountants in Australia, or of the Australian Society of Certified Practising Accountants; or
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.
History
Definition of
"
qualifying VET course
"
inserted by No 168 of 2015, s 3 and Sch 1 item 22, effective 31 December 2015.
quality and accountability requirements
has the meaning given by section
19-1
.
quality auditing body
(Repealed by No 74 of 2011)
History
Definition of
"
quality auditing body
"
repealed by No 74 of 2011, s 3 and Sch 2 item 31, effective 29 January 2012. The definition formerly read:
quality auditing body
, for a higher education provider, means a body listed in the Higher Education Provider Guidelines as a quality auditing body for providers of that kind.
Definition of
"
quality auditing body
"
substituted by No 89 of 2008, s 3 and Sch 1 item 9, effective 20 September 2008. The definition formerly read:
Quality auditing body
means a body listed in the Higher Education Provider Guidelines as such a body.
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)
History
Definition of
"
reference period
"
repealed by No 76 of 2018, s 3 and Sch 1 item 15, effective 1 July 2019 and applicable in relation to the 2020-21 income year and later income years. The definition formerly read:
reference period
has the meaning given by subsection 154-25(3)
regional area
(Repealed by No 89 of 2023)
History
Definition of
"
regional area
"
repealed by No 89 of 2023, s 3 and Sch 1 item 3, effective 6 November 2023 and applicable in relation to the following: (a) funding agreements entered into under Part 2-2 of that Act in respect of 2024 and later calendar years; (b) grants payable under that Part for 2024 and later calendar years. The definition formerly read:
regional area
means an area that is classified as inner regional Australia, or outer regional Australia, under the *ABS Remoteness Structure.
Definition of
"
regional area
"
inserted by No 93 of 2020, s 3 and Sch 1 item 40, effective 28 October 2020. For application provisions, see note under s
30-12
.
registered higher education provider
has the same meaning as in the *TEQSA Act.
History
Definition of
"
registered higher education provider
"
inserted by No 74 of 2011, s 3 and Sch 2 item 32, effective 29 January 2012.
registered training organisation
has the same meaning as in the
National Vocational Education and Training Regulator Act 2011
.
History
Definition of
"
registered training organisation
"
inserted by No 14 of 2011, s 3 and Sch 1 item 52, effective 1 July 2011.
Regulatory Powers Act
means the
Regulatory Powers (Standard Provisions) Act 2014
.
History
Definition of
"
Regulatory Powers Act
"
inserted by No 168 of 2015, s 3 and Sch 1 item 30, effective 31 December 2015.
Related body corporate
has the meaning given by section
9
of the
Corporations Act 2001
.
remote area
(Repealed by No 89 of 2023)
History
Definition of
"
remote area
"
repealed by No 89 of 2023, s 3 and Sch 1 item 4, effective 6 November 2023 and applicable in relation to the following: (a) funding agreements entered into under Part 2-2 of that Act in respect of 2024 and later calendar years; (b) grants payable under that Part for 2024 and later calendar years. The definition formerly read:
remote area
means an area that is classified as remote Australia, or very remote Australia, under the *ABS Remoteness Structure.
Definition of
"
remote area
"
inserted by No 93 of 2020, s 3 and Sch 1 item 40, effective 28 October 2020. For application provisions, see note under s
30-12
.
Rental property loss
(Repealed by No 27 of 2009)
History
Definition of
"
rental property loss
"
repealed by No 27 of 2009, s 3 and Sch 3 item 39, applicable in relation to income years starting on or after 1 July 2009. The definition formerly read:
Rental property loss
has the meaning given by subsection
154-5(2)
.
Repatriation Commission
means the body corporate continued in existence by section 179 of the
Veterans
'
Entitlements Act 1986
.
History
Definition of
"
Repatriation Commission
"
inserted by No 17 of 2010, s 3 and Sch 1 item 9, effective 1 April 2010.
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.
History
Definition of
"
replacement course
"
inserted by No 111 of 2019, s 3 and Sch 2 item 31, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
replacement unit
means a unit of study that replaces an *affected unit of an *original course.
History
Definition of
"
replacement unit
"
amended by No 101 of 2020, s 3 and Sch 2 item 104, by omitting
"
of a *replacement course
"
after
"
unit of study
"
, applicable in relation to provider defaults that occur on or after 1 January 2021.
Definition of
"
replacement unit
"
inserted by No 111 of 2019, s 3 and Sch 2 item 31, effective 1 January 2020. For application and transitional provisions, see note under s
16-25
.
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, or an *accelerator program course
-
has the meaning given by subsection
126-1(2)
; and
(bb)
in relation to a person enrolling in an accelerator program course
-
has the meaning given by subsection
128B-1(6)
; 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
.
History
Definition of
"
request for Commonwealth assistance
"
amended by No 36 of 2023, s 3 and Sch 1 items 71 and 72, by inserting
"
, or an *accelerator program course
"
in para (ba) and inserting para (bb), effective 29 June 2023.
Definition of
"
request for Commonwealth assistance
"
amended by No 130 of 2011, s 3 and Sch 1 item 40, by inserting para (ba), effective 1 January 2012.
Definition of
"
request for Commonwealth assistance
"
amended by No 170 of 2007, s 3 and Sch 1 item 29, by inserting para (c), effective 1 January 2008.
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
.
History
Definition of
"
responsible parent
"
inserted by No 168 of 2015, s 3 and Sch 1 item 22, effective 31 December 2015.
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
.
reversed
: see the following provisions for when an amount of *STARTUP-HELP assistance that a person received for an *accelerator program course with a higher education provider is
reversed
:
(a)
subsection
128E-1(2)
(special circumstances);
(b)
section
128E-20
(no tax file number);
(c)
section
128E-25
(provider completes request for assistance);
(d)
section
128E-30
(no entitlement);
(e)
section
128E-35
(no assessment of whether academically suited);
(f)
section
128-40
(provider non-compliance).
History
Definition of
"
reversed
"
inserted by No 36 of 2023, s 3 and Sch 1 item 73, effective 29 June 2023.
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
.
History
Definition of
"
reviewable VET decision
"
inserted by No 170 of 2007, s 3 and Sch 1 item 30, effective 1 January 2008.
reviewer
has the meanings given by section
209-1
and clause
94
of Schedule
1A
.
History
Definition of
"
reviewer
"
substituted by No 170 of 2007, s 3 and Sch 1 item 31, effective 1 January 2008. The definition formerly read:
Reviewer
has the meaning given by section
209-1
.
Review officer
:
(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
.
History
Definition of
"
Review officer
"
amended by No 170 of 2007, s 3 and Sch 1 item 32, by inserting para (c), effective 1 January 2008.
SA-HELP assistance
means assistance payable under Part
3-5
.
History
Definition of
"
SA-HELP assistance
"
inserted by No 130 of 2011, s 3 and Sch 1 item 41, effective 1 January 2012.
SA-HELP debt
has the meaning given by section
137-16
.
History
Definition of
"
SA-HELP debt
"
inserted by No 130 of 2011, s 3 and Sch 1 item 42, effective 1 January 2012.
second funding cluster
means the *funding cluster referred to in item 2 of the table in section
30-15
.
History
Definition of
"
second funding cluster
"
inserted by No 93 of 2020, s 3 and Sch 1 item 40, effective 28 October 2020. For application provisions, see note under s
30-12
.
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.
History
Definition
"
self-accrediting entity
"
substituted by No 74 of 2011, s 3 and Sch 2 item 33, effective 29 January 2012. The definition formerly read:
self-accrediting entity
means a body corporate (other than an *Australian university):
(a)
whose name is included; or
(b)
who owns or controls a business name that is included;
in the *Australian Qualifications Framework Register as a body authorised to accredit *courses of study leading to *higher education awards.
Definition of
"
self-accrediting entity
"
inserted by No 72 of 2007, s 3 and Sch 1 item 60, effective 31 December 2007.
self-accrediting provider
(Repealed by No 72 of 2007)
History
Definition of
"
self-accrediting provider
"
repealed by No 72 of 2007, s 3 and Sch 1 item 61, effective 31 December 2007. The definition formerly read:
self-accrediting provider
has the meaning given by subsection
16-25(3)
.
SLE
(Repealed by No 104 of 2011)
History
Definition of
"
SLE
"
repealed by No 104 of 2011, s 3 and Sch 2 item 35, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
. The definition formerly read:
SLE
means *Student Learning Entitlement.
SLE amount
has the meaning given by subsection
73-1(2)
.
History
Definition of
"
SLE amount
"
inserted by No 93 of 2020, s 3 and Sch 4B item 12, effective 1 January 2022.
STARTUP-HELP assistance
means assistance payable under Part
3-7
.
History
Definition of
"
STARTUP-HELP assistance
"
inserted by No 36 of 2023, s 3 and Sch 1 item 73A, effective 29 June 2023.
STARTUP-HELP debt
has the meaning given by section
137-17
.
History
Definition of
"
STARTUP-HELP debt
"
inserted by No 36 of 2023, s 3 and Sch 1 item 73A, effective 29 June 2023.
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.
History
Definition of
"
State or Territory VET regulator
"
inserted by No 168 of 2015, s 3 and Sch 1 item 22, effective 31 December 2015.
student
means:
(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
(aa)
a person who is enrolled in an *accelerator program course; or
(b)
a person who is enrolled in a *VET course of study with a *VET provider.
History
Definition of
"
student
"
amended by No 36 of 2023, s 3 and Sch 1 item 74, by inserting para (aa), effective 29 June 2023.
Definition of
"
student
"
substituted by No 170 of 2007, s 3 and Sch 1 item 33, effective 1 January 2008. The definition formerly read:
student
means 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.
student cohort
(Repealed by No 121 of 2006)
History
Definition of
"
student cohort
"
repealed by No 121 of 2006, s 3 and Sch 3 item 10, effective 4 November 2006. The definition formerly read:
student cohort
has the meaning given by section
19-101
.
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
.
History
Definition of
"
student entry procedure
"
inserted by No 168 of 2015, s 3 and Sch 1 item 22, effective 31 December 2015.
student identifier
has the same meaning as in the
Student Identifiers Act 2014
.
History
Definition of
"
student identifier
"
inserted by No 62 of 2020, s 3 and Sch 1 item 5, effective 1 January 2021. For application provisions, see note under s
36-10(1)
.
Student Learning Entitlement
has the meaning given by subsection
73-1(1)
.
History
Definition of
"
Student Learning Entitlement
"
inserted by No 93 of 2020, s 3 and Sch 4B item 12, effective 1 January 2022.
Former definition of
"
Student Learning Entitlement
"
repealed by No 104 of 2011, s 3 and Sch 2 item 36, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
. The definition formerly read:
Student Learning Entitlement
has the meaning given by section 73-1.
student services and amenities fee
has the meaning given by subsection
19-37(5)
.
History
Definition of
"
student services and amenities fee
"
inserted by No 130 of 2011, s 3 and Sch 1 item 43, effective 1 January 2012.
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.
History
Definition of
"
subject to review
"
inserted by No 23 of 2013, s 3 and Sch 1 item 7, applicable in relation to a higher education provider or a VET provider approved before, on or after 29 March 2013.
supplementary amount for Asian language study
means a supplementary amount of *OS-HELP assistance included under paragraph
121-1(1)(b)
.
History
Definition of
"
supplementary amount for Asian language study
"
inserted by No 112 of 2013, s 3 and Sch 1 item 28, effective 30 June 2013. For application provisions see note under s
121-1
.
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.
History
Definition of
"
TEQSA
"
inserted by No 74 of 2011, s 3 and Sch 2 item 34, effective 29 January 2012.
TEQSA Act
means the
Tertiary Education Quality and Standards Agency Act 2011
.
History
Definition of
"
TEQSA Act
"
inserted by No 74 of 2011, s 3 and Sch 2 item 35, effective 29 January 2012.
TEQSA investigator
means a person appointed under subsection
215-35(2)
.
History
Definition of
"
TEQSA investigator
"
inserted by No 83 of 2017, s 3 and Sch 3 item 43, effective 17 August 2017.
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
History
Definition of
"
total basic grant amount
"
inserted by No 93 of 2020, s 3 and Sch 1 item 40, effective 28 October 2020. For application provisions, see note under s
30-12
.
tuition assurance requirements
(Repealed by No 111 of 2019)
History
Definition of
"
tuition assurance requirements
"
repealed by No 111 of 2019, s 3 and Sch 1 item 32, effective 1 January 2020. The definition formerly read:
tuition assurance requirements
means the requirements set out in section 16-30.
Tuition fee
:
(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.
History
Definition of
"
Tuition fee
"
amended by No 121 of 2006, s 3 and Sch 3 item 11, by substituting para (b), effective 4 November 2006. Para (b) formerly read:
(b)
in relation to a unit of study access to which is provided by Open Universities Australia
-
means a fee determined under subsection
104-4(2)
.
tuition protection requirements
has the meaning given by section
16-30
.
History
Definition of
"
tuition protection requirements
"
inserted by No 111 of 2019, s 3 and Sch 2 item 33, effective 1 January 2020.
Undergraduate course of study
means a *course of study that is neither an *enabling course nor a *postgraduate course of study.
unit of study
means:
(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)
History
Definition of
"
university
"
repealed by No 72 of 2007, s 3 and Sch 1 item 62, effective 31 December 2007. The definition formerly read:
university
has the meaning given by subsection
16-25(2)
.
up-front payment
:
(a)
in relation to a unit of study, has the meaning given by section
93-15
or
107-5
; or
(b)
in relation to an *accelerator program course, has the meaning given by section
128C-5
.
History
Definition of
"
up-front payment
"
substituted by No 36 of 2023, s 3 and Sch 1 item 76, effective 29 June 2023. The definition formerly read:
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.
History
Definition of
"
Up-front Payments Guidelines
"
inserted by No 101 of 2020, s 3 and Sch 2 item 68, effective 1 January 2021.
up-front payments tuition protection levy
means levy imposed by the
Higher Education (Up-front Payments Tuition Protection Levy) Act 2020
.
History
Definition of
"
up-front payments tuition protection levy
"
inserted by No 101 of 2020, s 3 and Sch 2 item 68, effective 1 January 2021.
up-front VET payment
has the meaning given by subclause
53(1)
of Schedule
1A
.
History
Definition of
"
up-front VET payment
"
inserted by No 170 of 2007, s 3 and Sch 1 item 34, effective 1 January 2008.
very remote HELP debtor
(Repealed by No 3 of 2023)
History
Definition of
"
very remote HELP debtor
"
repealed by No 3 of 2023, s 3 and Sch 2 item 38, effective 21 February 2023. For application, saving and transitional provisions, see note under Div
144
heading. The definition formerly read:
very remote HELP debtor
: see section 142-1.
Definition of
"
very remote HELP debtor
"
inserted by No 103 of 2019, s 3 and Sch 2 item 14, effective 1 January 2020.
VET Administration Guidelines
(Repealed by No 160 of 2012)
History
Definition of
"
VET Administration Guidelines
"
repealed by No 160 of 2012, s 3 and Sch 3 item 45, applicable: (a) for the purposes of making a decision on an application for approval as a VET provider under clause
6
of Schedule
1A
to the
Higher Education Support Act 2003
-
in relation to applications for approval made on or after 1 January 2013; and (b) in any other case
-
in relation to a VET provider approved before, on or after 1 January 2013. The definition formerly read:
VET Administration Guidelines
means the VET Administration Guidelines made under clause
99
of Schedule
1A
.
Definition of
"
VET Administration Guidelines
"
inserted by No 170 of 2007, s 3 and Sch 1 item 35, effective 1 January 2008.
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.
History
Definition of
"
VET advanced diploma
"
amended by No 23 of 2013, s 3 and Sch 5 item 5, by substituting
"
Australian Qualifications Framework
"
for
"
Australian Qualifications Framework Implementation Handbook
"
in para (b), effective 29 March 2013. No 23 of 2013, s 3 and Sch 5 item 10 contains the following transitional provision:
10 Transitional provision
-
VET definitions
To avoid doubt, a reference in the
Higher Education Support Act 2003
to the Australian Qualifications Framework Implementation Handbook is taken, from the day the Australian Qualifications Framework took effect, to have always included a reference to the Australian Qualifications Framework.
Definition of
"
VET advanced diploma
"
inserted by No 170 of 2007, s 3 and Sch 1 item 36, effective 1 January 2008.
VET compliance requirements
means the requirements set out in Subdivision
4-E
of Schedule
1A
.
History
Definition of
"
VET compliance requirements
"
inserted by No 170 of 2007, s 3 and Sch 1 item 37, effective 1 January 2008.
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.
History
Definition of
"
VET course of study
"
amended by No 160 of 2012, s 3 and Sch 1 item 31, by substituting
"
of a *VET qualification
"
for
"
of a *VET diploma, a *VET advanced diploma, a *VET graduate diploma or a *VET graduate certificate
"
, applicable in relation to a VET unit of study commenced by a student on or after 1 January 2013.
Definition of
"
VET course of study
"
inserted by No 170 of 2007, s 3 and Sch 1 item 38, effective 1 January 2008.
VET credit transfer arrangement
means an arrangement for crediting a *VET unit of study or *VET course of study toward a *higher education award.
History
Definition of
"
VET credit transfer arrangement
"
inserted by No 11 of 2008, s 3 and Sch 1 item 9, effective 20 March 2008.
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.
History
Definition of
"
VET diploma
"
amended by No 23 of 2013, s 3 and Sch 5 item 6, by substituting
"
Australian Qualifications Framework
"
for
"
Australian Qualifications Framework Implementation Handbook
"
in para (b), effective 29 March 2013. For transitional provision see note under definition of
"
VET advanced diploma
"
of this Schedule.
Definition of
"
VET diploma
"
inserted by No 170 of 2007, s 3 and Sch 1 item 39, effective 1 January 2008.
VET fairness requirements
means the requirements set out in Subdivision
4-D
of Schedule
1A
.
History
Definition of
"
VET fairness requirements
"
inserted by No 170 of 2007, s 3 and Sch 1 item 40, effective 1 January 2008.
VET FEE-HELP account
has the meaning given by clause
45D
of Schedule
1A
.
History
Definition of
"
VET FEE-HELP account
"
inserted by No 168 of 2015, s 3 and Sch 1 item 22, effective 31 December 2015.
VET FEE-HELP assistance
means assistance payable under Part
2
of Schedule
1A
.
History
Definition of
"
VET FEE-HELP assistance
"
inserted by No 170 of 2007, s 3 and Sch 1 item 41, effective 1 January 2008.
VET FEE-HELP debt
has the meaning given by subsection
137-18(1)
.
History
Definition of
"
VET FEE-HELP debt
"
inserted by No 170 of 2007, s 3 and Sch 1 item 42, effective 1 January 2008.
VET FEE-HELP Guidelines
(Repealed by No 160 of 2012)
History
Definition of
"
VET FEE-HELP Guidelines
"
repealed by No 160 of 2012, s 3 and Sch 3 item 46, applicable: (a) for the purposes of making a decision on an application for approval as a VET provider under clause
6
of Schedule
1A
to the
Higher Education Support Act 2003
-
in relation to applications for approval made on or after 1 January 2013; and (b) in any other case
-
in relation to a VET provider approved before, on or after 1 January 2013. The definition formerly read:
VET FEE-HELP Guidelines
means the VET FEE-HELP Guidelines made under clause
99
of Schedule
1A
.
Definition of
"
VET FEE-HELP Guidelines
"
inserted by No 170 of 2007, s 3 and Sch 1 item 43, effective 1 January 2008.
VET fee requirements
means the requirements set out in Subdivision
4-F
of Schedule
1A
.
History
Definition of
"
VET fee requirements
"
inserted by No 170 of 2007, s 3 and Sch 1 item 44, effective 1 January 2008.
VET financial viability requirements
means the requirements set out in Subdivision
4-B
of Schedule
1A
.
History
Definition of
"
VET financial viability requirements
"
inserted by No 170 of 2007, s 3 and Sch 1 item 45, effective 1 January 2008.
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.
History
Definition of
"
VET graduate certificate
"
amended by No 23 of 2013, s 3 and Sch 5 item 7, by substituting
"
Australian Qualifications Framework
"
for
"
Australian Qualifications Framework Implementation Handbook
"
in para (b), effective 29 March 2013. For transitional provision see note under definition of
"
VET advanced diploma
"
of this Schedule.
Definition of
"
VET graduate certificate
"
inserted by No 170 of 2007, s 3 and Sch 1 item 45A, effective 1 January 2008.
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.
History
Definition of
"
VET graduate diploma
"
amended by No 23 of 2013, s 3 and Sch 5 item 8, by substituting
"
Australian Qualifications Framework
"
for
"
Australian Qualifications Framework Implementation Handbook
"
in para (b), effective 29 March 2013. For transitional provision see note under definition of
"
VET advanced diploma
"
of this Schedule.
Definition of
"
VET graduate diploma
"
inserted by No 170 of 2007, s 3 and Sch 1 item 45B, effective 1 January 2008.
VET Guidelines
means the guidelines made under clause
99
of Schedule
1A
.
History
Definition of
"
VET Guidelines
"
inserted by No 160 of 2012, s 3 and Sch 3 item 47, applicable: (a) for the purposes of making a decision on an application for approval as a VET provider under clause
6
of Schedule
1A
to the
Higher Education Support Act 2003
-
in relation to applications for approval made on or after 1 January 2013; and (b) in any other case
-
in relation to a VET provider approved before, on or after 1 January 2013.
VET officer
has the meaning given by subclause
74(1)
of Schedule
1A
.
History
Definition of
"
VET officer
"
inserted by No 170 of 2007, s 3 and Sch 1 item 46, effective 1 January 2008.
VET personal information
has the meaning given by clause
72
of Schedule
1A
.
History
Definition of
"
VET personal information
"
inserted by No 170 of 2007, s 3 and Sch 1 item 47, effective 1 January 2008.
VET provider
has the meaning given by clause
4
of Schedule
1A
.
History
Definition of
"
VET provider
"
inserted by No 170 of 2007, s 3 and Sch 1 item 48, effective 1 January 2008.
VET Provider Guidelines
(Repealed by No 160 of 2012)
History
Definition of
"
VET Provider Guidelines
"
repealed by No 160 of 2012, s 3 and Sch 3 item 48, applicable: (a) for the purposes of making a decision on an application for approval as a VET provider under clause
6
of Schedule
1A
to the
Higher Education Support Act 2003
-
in relation to applications for approval made on or after 1 January 2013; and (b) in any other case
-
in relation to a VET provider approved before, on or after 1 January 2013. The definition formerly read:
VET Provider Guidelines
means the VET Provider Guidelines made under clause
99
of Schedule
1A
.
Definition of
"
VET Provider guidelines
"
inserted by No 170 of 2007, s 3 and Sch 1 item 49, effective 1 January 2008.
VET qualification
means:
(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.
History
Definition of
"
VET qualification
"
inserted by No 160 of 2012, s 3 and Sch 1 item 32, applicable in relation to a VET unit of study commenced by a student on or after 1 January 2013.
VET quality and accountability requirements
has the meaning given by clause
13
of Schedule
1A
.
History
Definition of
"
VET quality and accountability requirements
"
amended by No 23 of 2013, s 3 and Sch 3 item 11, by substituting
"
has the meaning given by clause 13
"
for
"
means the meaning given by subclause 13(1)
"
, applicable in relation to a higher education provider or a VET provider approved before, on or after 29 March 2013 and to a condition imposed on or after 29 March 2013 on an approval of a higher education provider or a VET provider.
Definition of
"
VET quality and accountability requirements
"
inserted by No 170 of 2007, s 3 and Sch 1 item 50, effective 1 January 2008.
VET quality requirements
are the requirements set out in Subdivision
4-C
of Schedule
1A
.
History
Definition of
"
VET quality requirements
"
inserted by No 170 of 2007, s 3 and Sch 1 item 51, effective 1 January 2008.
VET Regulator
has the same meaning as in the
National Vocational Education and Training Regulator Act 2011
.
History
Definition of
"
VET Regulator
"
inserted by No 14 of 2011, s 3 and Sch 1 item 53, effective 1 July 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.
History
Definition of
"
VET restricted access arrangement
"
inserted by No 11 of 2008, s 3 and Sch 1 item 10, effective 20 March 2008.
VET student loan
has the same meaning as in the
VET Student Loans Act 2016
.
History
Definition of
"
VET student loan
"
inserted by No 100 of 2016, s 3 and Sch 1 item 21, effective 1 January 2017. For transitional provision, see note under s
137-19
.
VET student loan debt
(Repealed by No 116 of 2018)
History
Definition of
"
VET student loan debt
"
repealed by No 116 of 2018, s 3 and Sch 1 item 12, effective 1 July 2019. The definition formerly read:
VET student loan debt
has the meaning given by subsection 137-19(1).
Definition of
"
VET student loan debt
"
inserted by No 100 of 2016, s 3 and Sch 1 item 21, effective 1 January 2017. For transitional provision, see note under s
137-19
.
VET tuition assurance requirements
means the requirements set out in clause
7
of Schedule
1A
.
History
Definition of
"
VET tuition assurance requirements
"
inserted by No 170 of 2007, s 3 and Sch 1 item 52, effective 1 January 2008.
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.
History
Definition of
"
VET tuition fee
"
amended by No 168 of 2015, s 3 and Sch 1 item 23, by inserting
"
of Schedule 1A
"
, effective 31 December 2015.
Definition of
"
VET tuition fee
"
inserted by No 170 of 2007, s 3 and Sch 1 item 53, effective 1 January 2008.
VET Tuition Fee Guidelines
(Repealed by No 160 of 2012)
History
Definition of
"
VET Tuition Fee Guidelines
"
repealed by No 160 of 2012, s 3 and Sch 3 item 49, applicable: (a) for the purposes of making a decision on an application for approval as a VET provider under clause
6
of Schedule
1A
to the
Higher Education Support Act 2003
-
in relation to applications for approval made on or after 1 January 2013; and (b) in any other case
-
in relation to a VET provider approved before, on or after 1 January 2013. The definition formerly read:
VET Tuition Fee Guidelines
means the VET Tuition Fee Guidelines made under clause
99
of Schedule
1A
.
Definition of
"
VET Tuition Fee Guidelines
"
inserted by No 170 of 2007, s 3 and Sch 1 item 54, effective 1 January 2008.
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.
History
Definition of
"
VET unit of study
"
inserted by No 170 of 2007, s 3 and Sch 1 item 55, effective 1 January 2008.
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.
History
Cl 1(1A) inserted by No 55 of 2021, s 3 and Sch 1 item 5, effective 1 January 2022.
1(1B)
A determination under subclause
(1A)
is a legislative instrument.
History
Cl 1(1B) inserted by No 55 of 2021, s 3 and Sch 1 item 5, effective 1 January 2022.
1(1C)
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.
History
Cl 1(1C) inserted by No 55 of 2021, s 3 and Sch 1 item 31, effective 25 June 2021 and applicable in relation to the following: (a) funding agreements entered into under Part 2-2 of that Act in respect of 2021 and later calendar years; (b) grants payable under Part 2-2 of that Act for 2021 and later calendar years; (c) units of study with a census date on or after 1 January 2021.
1(1CA)
Without limiting subclause
(1C)
, a *course of study is taken to be restructured by a provider for the purposes of that subclause if the course of study is discontinued by the provider.
History
Cl 1(1CA) inserted by No 3 of 2023, s 3 and Sch 1 item 3, effective 21 February 2023. No 3 of 2023, s 3 and Sch 1 items 4
-
12 contain the following application and transitional provisions:
Part 2
-
Application and transitional provisions
4 Definitions
4
In this Part:
affected student
means a person who:
(a)
is a grandfathered student because of subparagraph (a)(ia) of the definition of that term in Schedule
1
to the
Higher Education Support Act 2003
, as amended by Part
1
of this Schedule; and
(b)
enrolled in a unit of study in an honours course referred to in that subparagraph that has a census date at any time during the transition period.
old student contribution amount
for a unit of study for an affected student means the student contribution amount for the unit of study that applied to the student during the transition period.
relevant amendment
means the amendment made by item 1 of Part
1
of this Schedule.
transition period
means the period starting on 1 January 2021 and ending on the day before the commencement of this item.
5 Application
-
definition of grandfathered student
5
The relevant amendment applies on and after the commencement of this item in relation to a person who undertakes a unit of study in an ongoing course or an honours course that has a census date on or after 1 January 2021, whether the person enrolled in that unit of study before, on or after the commencement of that item.
6 Application
-
restructured courses
6
The amendment made by item 3 of Part 1 of this Schedule applies in relation to restructures that occur on or after 1 January 2021.
7 Full up-front payment made during transition period
(1)
This item applies if:
(a)
during the transition period, an affected student made one or more up-front payments to a higher education provider in relation to a unit of study; and
(b)
the amount of that payment, or the sum of those payments, is equal to 90% of the affected student
'
s old student contribution amount for the unit; and
(c)
under section
96-3
of the
Higher Education Support Act 2003
, the Commonwealth paid an amount to the higher education provider for the unit in discharge of the affected student
'
s liability to pay their old student contribution amount for the unit.
(2)
If the amount paid by the Commonwealth is more than the amount that would have been paid to the higher education provider had the relevant amendment been in force during the transition period, the difference between the 2 amounts may be:
(a)
deducted from any amount that is payable, or to be paid, to the higher education provider under the
Higher Education Support Act 2003
; or
(b)
recovered by the Commonwealth from the higher education provider as a debt due to the Commonwealth.
(3)
If the amount paid by the affected student is more than the amount that could have been paid to the higher education provider had the relevant amendment been in force during the transition period, the higher education provider must pay to the affected student an amount equal to the difference between the 2 amounts.
8 Partial up-front payments made during transition period
(1)
This item applies if:
(a)
during the transition period, an affected student made one or more up-front payments to a higher education provider in relation to a unit of study; and
(b)
the amount of that payment, or the sum of those payments is less than 90% of the affected student
'
s old student contribution amount for the unit; and
(c)
the Commonwealth paid the following amounts to the higher education provider in relation to the student and the unit:
(i)
an amount under paragraph
96-2(3)(b)
of the
Higher Education Support Act 2003
;
(ii)
an amount under subsection
96-2(4)
of that Act.
(2)
If the amount (the
old amount
) referred to in subparagraph (1)(c)(i) or (ii) is more than the amount (the
new amount
) that would have been paid to the provider had the relevant amendment been in force during the transition period, the difference between the old amount and the new amount may be:
(a)
deducted from any amount that is payable, or to be paid, to the higher education provider under the
Higher Education Support Act 2003
; or
(b)
recovered by the Commonwealth from the higher education provider as a debt due to the Commonwealth.
(3)
If the amount paid by the affected student is more than the amount that could have been paid to the higher education provider had the relevant amendment been in force during the transition period, the higher education provider must pay to the affected student an amount equal to the difference between the 2 amounts.
(4)
The higher education provider must, on the Secretary
'
s behalf, re-credit the affected student
'
s HELP balance with an amount (the
relevant amount
) that is equal to the difference between the amount referred to in subparagraph (1)(c)(i) that was paid to the provider and the amount that would have been paid under paragraph
96-2(3)(b)
of the
Higher Education Support Act 2003
, had the relevant amendment been in force during the transition period.
(5)
The affected student
'
s HECS-HELP debt in relation to the unit of study is taken to be remitted by an amount equal to the relevant amount for the purposes of the
Higher Education Support Act 2003
.
9 No up-front payments made during transition period
(1)
This item applies if, during the transition period:
(a)
under section
96-1
of the
Higher Education Support Act 2003
, the Commonwealth:
(i)
as a benefit to an affected student, lent to the student an amount of HECS-HELP assistance for a unit of study with a higher education provider; and
(ii)
paid to the provider the amount lent in discharge of the student
'
s liability to pay their student contribution amount for the unit; and
(b)
the affected student did not make any up-front payments in relation to the unit.
(2)
If the amount paid to the higher education provider is more than the amount that would have been paid in relation to the affected student had the relevant amendment been in force during the transition period, the difference between the 2 amounts may be:
(a)
deducted from any amount that is payable, or to be paid, to the higher education provider under the
Higher Education Support Act 2003
; or
(b)
recovered by the Commonwealth from the higher education provider as a debt due to the Commonwealth.
(3)
The higher education provider must, on the Secretary
'
s behalf, re-credit the affected student
'
s HELP balance with an amount (the
relevant amount
) that is equal to the difference between the amount that was paid to the provider and the amount that would have been paid in relation to the affected student, had the relevant amendment been in force during the transition period.
(4)
The affected student
'
s HECS-HELP debt in relation to the unit of study is taken to be remitted by an amount equal to the relevant amount for the purposes of the
Higher Education Support Act 2003
.
10 Secretary may act if provider is unable to
10
If a higher education provider is unable to act for one or more of the purposes of subitem 8(4) or 9(3), the Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.
11 Interaction with the
Higher Education Support Act 2003
11
The obligations imposed on a higher education provider under Part
2
of this Schedule are taken, for the purposes of the
Higher Education Support Act 2003
, to be conditions of a grant made to the provider under Part
2-2
of that Act.
12 Transitional rules
(1)
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.
(2)
Without limiting subitem (1), rules made under this item before the end of the period of 12 months starting on the day this Schedule commences may provide that provisions of this Schedule, or any other Act or instrument, have effect with any modifications prescribed by the rules. Those provisions then have effect as if they were so modified.
(3)
To avoid doubt, the rules may not do the following:
(a)
create an offence or civil penalty;
(b)
provide powers of:
(i)
arrest or detention; or
(ii)
entry, search or seizure;
(c)
impose a tax;
(d)
set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e)
directly amend the text of an Act.
(4)
This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).
1(1D)
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.
History
Cl 1(1D) inserted by No 55 of 2021, s 3 and Sch 1 item 31, effective 25 June 2021 and applicable in relation to the following: (a) funding agreements entered into under Part 2-2 of that Act in respect of 2021 and later calendar years; (b) grants payable under Part 2-2 of that Act for 2021 and later calendar years; (c) units of study with a census date on or after 1 January 2021.
1(2)
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)
.
History
Cl 1(2) inserted by No 144 of 2008, s 3 and Sch 5 item 9, effective 10 December 2008.
1(3)
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
.
History
Cl 1(3) inserted by No 144 of 2008, s 3 and Sch 5 item 9, effective 10 December 2008.
1(4)
The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (b) of the definition of
Pacific engagement visa holder
in subclause
(1)
if the Minister has been advised by the Minister administering the
Migration Act 1958
(the
Immigration Minister
) that, in the opinion of the Immigration Minister:
(a)
the kind of visa has replaced or will replace:
(i)
the kind of visa mentioned in paragraph (a) of that definition; or
(ii)
a kind of visa previously determined under this subclause; and
(b)
the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.
History
Cl 1(4) inserted by No 100 of 2023, s 3 and Sch 1 item 11, effective 29 March 2024.
View history note
Hide history note