Higher Education Funding Act 1988 (Cth)

Higher Education Funding Act 1988

No. 2, 1989

Compilation No. 54

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Higher Education Funding Act 1988 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act relating to the funding of certain institutions of higher education and associated bodies, and for related purposes

Chapter 1Introductory 1Short title

This Act may be cited as the Higher Education Funding Act 1988.

2Commencement

(1)
Chapters 1, 2, 3, 4, 6 and 7 commence on the day on which this Act receives the Royal Assent.

2AObjects of Act

The objects of this Act are:
(a)
to support a higher education system that:
(i)
is characterised by quality, diversity and equity of access; and
(ii)
contributes to the development of cultural and intellectual life in Australia; and
(iii)
is appropriate to meet Australia’s social and economic needs for a more highly educated and skilled population; and
(b)
to strengthen Australia’s knowledge base and enhance the contribution of Australia’s research capabilities to national economic development and international competitiveness and the attainment of social goals.

3Definitions

In this Act, unless the contrary intention appears:
Aboriginal means a member of the Aboriginal race of Australia, and includes a descendant of the indigenous inhabitants of the Torres Strait Islands.
approved form means a form approved by the Minister.
building project means any of the following:
(a)
the purchase of land with or without buildings;
(b)
the designing, erection or extension of a building or other facilities;
(c)
the development or preparation of land for building or other purposes;
(d)
the installation of water, electricity or other services;
and includes:
(e)
in the case of the erection or extension of a building—the provision of furnishings or equipment for the building, or for the extensions of the building, as the case may be; and
(f)
a renovation project.
capital expenditure means expenditure on a capital project.
capital project means a building project (other than a minor building project), or a non‑building capital project.
co‑operative multimedia centre means a body corporate established, ordinarily by a consortium of persons or organisations with interests that relate to the multimedia industry, for purposes that include:
(a)
arranging for, or providing services relating to, education and training; and
(b)
undertaking other activities; and
(c)
research and development;
that will assist in the development of that industry.
course of study, in relation to an institution, means a course the completion of which leads to the granting of a degree, diploma, associate diploma or other award of the institution and includes a course of instruction provided by the institution for the purpose of enabling persons to undertake a course of study provided by the institution or by another institution but does not include a course of vocational education and training.
course of vocational education and training means a course that is identified as a course of vocational education and training in accordance with guidelines issued by the Minister for the purposes of this definition.
educational profile means an educational profile referred to in section 14.
electronic communication has the meaning given by the Electronic Transactions Act 1999.
fees, in relation to an institution, means tuition, examination or other fees payable to the institution by a student enrolled at, or applying for enrolment at, the institution in connection with a course of study or attendance at the institution, and includes fees payable to the institution in respect of the granting of a degree, diploma, associate diploma or other award but does not include:
(a)
fees the payment of which is voluntary;
(b)
fees payable in respect of an organisation of students, or of students and other persons, or in respect of the provision to students of amenities or services that are not of an academic nature;
(c)
fees payable in respect of residential accommodation;
(d)
fees imposed in accordance with guidelines issued by the Minister for the imposition of fees in respect of overseas students and students who are New Zealand citizens because of the operation of section 29 of the Citizenship Act 1977 of New Zealand;
(e)
fees payable in respect of studies (other than a course of instruction provided by the institution for the purpose of enabling persons to undertake a course of study provided by the institution) that are not required or permitted to be undertaken for the purpose of obtaining a degree, diploma, associate diploma or other award of the institution;
(f)
fees payable, in accordance with guidelines issued by the Minister, by persons who attend or otherwise participate in courses of study but do not enrol for those courses, other than persons whose attendance at, or participation in, those courses is, or is to be, credited towards a degree, diploma, associate diploma or other award of another institution by arrangement between the institutions concerned;
(g)
fees of a kind that are incidental to studies that may be undertaken at institutions and that the Minister has notified each institution to be fees of a kind to which this paragraph applies; or
(h)
contributions payable under Chapter 4.
guidance and appeals panel has the same meaning as in the Administrative Review Tribunal Act 2024.
guidance and appeals panel application has the same meaning as in the Administrative Review Tribunal Act 2024.
information system has the meaning given by the Electronic Transactions Act 1999.
institution, except in Chapters 4 and 5B, has the meaning given by section 4.
instrument, in relation to the Minister, means a determination, specification, approval, declaration, direction, requirement, guideline or notification made, issued or given by the Minister under, or for the purposes of, this Act.
limited operating purposes, in relation to an institution, means:
(a)
the general teaching purposes of the institution in connection with courses of study provided by or at the institution, including preparatory work in connection with proposed courses of study to be provided by or at the institution;
(b)
the purchase of equipment for the institution for purposes referred to in paragraph (a); and
(c)
minor building projects of the institution for purposes referred to in paragraph (a).
minor building project, in relation to an institution, means a building project of the institution that is determined by the institution to be a minor building project.
multimedia industry means the industry concerned with all aspects of the presentation of information through a single format by making co‑ordinated use of a range of different means of communication.
non‑building capital project, in relation to an institution, means a project that satisfies the criteria set out in guidelines issued by the Minister under section 26.
open learning organisation means a body corporate established by one or more institutions for the purposes of providing access, by clients of the organisation to tertiary education courses, or units of study, for which particular institutions or other tertiary education providers undertake to grant credit towards accredited tertiary awards.
operating purposes, in relation to an institution, means:
(a)
the general teaching purposes of the institution in connection with courses of study provided by or at the institution, including preparatory work in connection with proposed courses of study to be provided by or at the institution;
(b)
the general research purposes of the institution;
(c)
the provision by the institution of courses of continuing education;
(ca)
capital project of the institution for purposes referred to in paragraph (a), (b) or (c);
(d)
the purchase of equipment for the institution for purposes referred to in paragraph (a), (b) or (c); and
(e)
minor building projects of the institution for purposes referred to in paragraph (a), (b) or (c).
overseas student means a person who:
(a)
is not an Australian citizen; and
(b)
is enrolled, or proposes to become enrolled, in a course of study of an institution;
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 or dependent relative of such a representative.
permanent resident has the same meaning as in the Australian Citizenship Act 2007.
permanent visa has the same meaning as in the Migration Act 1958.
previous Assistance Act means the States Grants (Tertiary Education Assistance) Act 1987.
qualified accountant means:
(a)
a person registered as a company auditor or a public accountant under a law in force in a State or Territory;
(b)
a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Certified Practising Accountants; or
(c)
a person approved by the Minister as a qualified accountant for the purposes of this Act.
qualified auditor means:
(a)
the Auditor‑General of a State; or
(b)
a qualified accountant.
renovation project means either of the following:
(a)
the renovation or alteration of a building or other facilities, including the provision of furnishings or equipment for the renovated or altered parts of the building or other facilities;
(b)
the installation of water, electricity or other services.
Secretary means the Secretary of the Department.
State includes the Australian Capital Territory and the Northern Territory.
teaching hospital, in relation to an institution, includes a hospital in which students enrolled in the Faculty of Medicine, or School of Medicine, of the institution receive clinical instruction.
this Act does not include Chapter 7.
year means a calendar year.
year to which this Chapter applies means:
(a)
in Chapter 4—the year 1989 or any subsequent year up to and including the year 2004; or
(aa)
in Chapter 4A—the year 2002 or any subsequent year up to and including the year 2004; or
(ab)
in Chapter 5—the year 1994 or any subsequent year up to and including the year 2004; or
(b)
otherwise—the year 1989 or any subsequent year up to and including the year 2004.

4Institutions

(1)
Subject to this section, in this Act, unless the contrary intention appears:
institution means any of the institutions of higher education specified in the following tables:

Table A
Australian Catholic University
Charles Sturt University
Southern Cross University
Macquarie University
The University of New England
The University of New South Wales
The University of Newcastle
The University of Sydney
University of Technology, Sydney
University of Western Sydney
University of Wollongong
Deakin University
La Trobe University
Monash University
Royal Melbourne Institute of Technology
Swinburne University of Technology
The University of Melbourne
University of Ballarat
Victoria University of Technology
Central Queensland University
Griffith University
James Cook University
Queensland University of Technology
The University of Queensland
University of Southern Queensland
University of the Sunshine Coast
Curtin University of Technology
Edith Cowan University
Murdoch University
The University of Western Australia
The Flinders University of South Australia
The University of Adelaide
University of South Australia
University of Tasmania
Batchelor Institute of Indigenous Tertiary Education
Northern Territory University
Australian Maritime College
The Australian National University
University of Canberra
The University of Notre Dame Australia

Table B
Avondale College
Carnegie Mellon University, a non‑profit organisation established under Pennsylvania law
Australian College of Theology Council Incorporated
Australian Lutheran College
Christian Heritage College
Harvest Bible College Inc
Moore Theological College Council
Perth Bible College
Tabor College Incorporated (trading as Tabor Adelaide)
Tabor College (NSW) Incorporated
Wesley Institute
Adelaide College of Divinity Incorporated
Campion Institute Limited
Australian College of Physical Education
Brisbane College of Theology
Sydney College of Divinity Ltd
Tabor College Tasmania
Tabor College Victoria
Australian College of Applied Psychology Pty Ltd
Australian Guild of Music Education Incorporated
Australian Institute of Public Safety Pty Ltd
Blue Mountains International Hotel Management School Pty Ltd
Box Hill Institute of Technical and Further Education
East Coast Gestalt Training Incorporated
Institute of Counselling Incorporated
International College of Management Sydney Pty Ltd
JMC Pty Ltd
North Melbourne Institute of TAFE
Harvest West Bible College Inc
Adelaide Central School of Art Incorporated
The Cairnmillar Institute School of Counselling and Psychotherapy Pty Ltd
William Angliss Institute of TAFE
Holmes Commercial Colleges (Melbourne) Ltd
Melbourne Institute of Technology Pty Ltd
Think: Colleges Pty Ltd
Gordon Institute of TAFE
Melbourne Institute for Experiential and Creative Arts Therapy
Alphacrucis College Limited

(2)
The Minister may declare that a Table in subsection (1) is amended in the manner specified in the declaration and, where such a declaration is made, the declaration has effect accordingly.
(3)
For the purposes of section 8 of the Acts Interpretation Act 1901, a declaration under subsection (2) that amends a Table in subsection (1) by way of repealing part of that Table shall be taken to be an Act that repeals that part of that Table.

5References to payments and Acts

For the purposes of this Act:
(a)
the Minister is to be taken to have paid money to an institution that is not a body corporate if he or she has paid money to the body administering the institution; and
(b)
an institution that is not a body corporate shall be taken to have done any act or thing that is required or permitted by this Act to be done if the body administering the institution has done that act or thing.

6Proposed institutions

Where:
(a)
a State proposes to establish an institution;
(b)
the name of the proposed institution is referred to in an instrument signed by the Minister; and
(c)
an institution under that name has not been established or a body has not been established to administer the proposed institution;
then, for the purposes of this Act:
(d)
an institution under that name shall be taken to be in existence;
(e)
the Minister is taken to have paid money to the institution if he or she has paid the money to a person or body determined by the Minister to be the appropriate authority in relation to the institution for the purposes of this Act; and
(f)
the institution shall be taken to have done any act or thing that is required or permitted by this Act to be done if the appropriate authority in relation to the institution has done that act or thing.

7Provision for superannuation, long service leave or workers’ compensation

Where, for operating purposes or for limited operating purposes, an institution which has yet to adopt full accrual accounting principles makes provision, not inconsistent with actuarial principles, in the accounts (including the journals and ledgers) of the institution for future or contingent liabilities in respect of superannuation payments, long service leave or workers’ compensation, the institution shall be taken, for the purposes of this Act, to have spent the amount of that provision for operating purposes or for limited operating purposes, as the case requires, in respect of the year in which that provision is made.

8Special fund for Table A institutions

If:
(a)
an institution specified in Table A in subsection 4(1) transfers an amount of money into a special fund in the institution’s accounts; and
(b)
the money in the fund is to be used only for future expenditure on the following items:
(i)
capital projects of the institution;
(ii)
equipment of the institution;
(iii)
minor building projects of the institution;
the institution is to be taken, for the purposes of this Act, to have spent the amount for operating purposes in respect of the year in which the amount was transferred.

8ASpecial fund for Table B institutions

If:
(a)
an institution specified in Table B in subsection 4(1) transfers an amount of money into a special fund in the institution’s accounts; and
(b)
the money in the fund is to be used only for future expenditure on the following items:
(i)
equipment of the institution;
(ii)
minor building projects of the institution;
the institution is to be taken, for the purposes of this Act, to have spent the amount for limited operating purposes in respect of the year in which the amount was transferred.

9Making and variation of determinations etc.

(1)
Any determination, specification, approval, declaration, direction, requirement, guideline or notification made, issued or given by the Minister under, or for the purposes of, this Act must be made, issued or given in writing.
(1A)
The issue of a guideline must be notified in the Gazette.
(1B)
The notification must set out the address of the place from which copies of the guideline may be obtained.
(2)
Where a matter specified in an instrument signed by the Minister has been varied by another such instrument, a reference in this Act to that matter is a reference to that matter as so varied.

10References to the Australian Capital Territory and the Northern Territory

The express references in this Act to the Australian Capital Territory or the Northern Territory do not imply that references in this Act to a State do not include references to that Territory.

11Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Chapter 2Grants for Higher Education AssistancePart 2.1Preliminary 12Institutions to which provisions apply

The Minister may specify the institutions to which the several provisions of this Chapter respectively apply.

13Undergraduate and post‑graduate fees

(1)
The Minister may issue guidelines in relation to the provision by institutions of undergraduate or post‑graduate courses for which fees may be charged.
(2)
A person undertaking a course provided in accordance with guidelines issued under subsection (1) may be charged fees in respect of the undertaking of that course.
(3)
Guidelines issued under subsection (1) must ensure that, on an equivalent full‑time student unit basis, the number of domestic students who may be charged fees for a particular undergraduate course does not exceed 25% of the total number of places available for domestic students in that course.

(4)
Guidelines issued under subsection (1) must:
(a)
require an institution not to charge a domestic student any fees for any undergraduate course in a year unless the institution meets the undergraduate target that applies for the purpose of calculating grants to the institution under section 15 or 16 for that year; and
(b)
specify the amount that is applicable for the purposes of section 108 in respect of a breach of the requirement referred to in paragraph (a) of this subsection.
(5)
In this section, domestic student means a student who is not an overseas student.

14Educational profiles

(1)
Each institution shall provide to the Minister an educational profile in an approved form describing activities of the institution and may from time to time provide to the Minister variations of that profile.
(2)
An institution that has provided to the Minister an educational profile under this section may at any time provide to the Minister a new educational profile in an approved form in substitution for the previous educational profile or for the previous educational profile as varied, as the case may be.
(3)
The approved form of an educational profile to be submitted by an institution under this section shall be determined by the Minister after consultation with the institution.

Part 2.2Operating and other grants 15Grants for expenditure for operating purposes

There is payable to an institution to which this section applies specified in Table A in subsection 4(1), for the purpose of financial assistance in relation to the expenditure of the institution for operating purposes in respect of a year to which this Chapter applies, such amount as the Minister determines having regard to the educational profile of the institution.

16Grants for expenditure for limited operating purposes

There is payable to an institution to which this section applies specified in Table B in subsection 4(1), for the purpose of financial assistance in relation to the expenditure of the institution for limited operating purposes in respect of a year to which this Chapter applies, such amount as the Minister determines having regard to the educational profile (if any) of the institution.

17Maximum grants

The total of the amounts that are payable under sections 15 and 16 in respect of a year shall not exceed:
(a)
in the case of the year 1989—$2,213,382,000;
(b)
in the case of the year 1990—$2,441,844,000;
(c)
in the case of the year 1991—$2,599,025,000;
(d)
in the case of the year 1992—$2,733,557,000; and
(e)
in the case of the year 1993—$2,943,153,000; and
(f)
in the case of the year 1994—$3,520,163,000; and
(g)
in the case of the year 1995—$3,652,019,000; and
(h)
in the case of the year 1996—$3,803,406,000; and
(i)
in the case of the year 1997—$3,855,623,000; and
(j)
in the case of the year 1998—$3,857,921,000; and
(k)
in the case of the year 1999—$3,459,627,000; and
(l)
in the case of the year 2000—$3,425,879,000; and
(m)
in the case of the year 2001—$2,756,161,000; and
(n)
in the case of the year 2002—$2,847,634,000; and
(o)
in the case of the year 2003—$2,904,491,000; and
(p)
in the case of the year 2004—$3,010,199,000.

18Conditions of grants

(1)
Financial assistance is granted to an institution under section 15 or 16 in respect of a year on the conditions that:
(b)
the institution will spend each amount of financial assistance received by it only in accordance with the educational profile of the institution provided to the Minister as at the time of the making of the determination under section 15 or 16 that resulted in the payment; and
(c)
the sum of the amounts spent by the institution for operating purposes or for limited operating purposes, as the case may be, in respect of that year is not less than the sum of the following amounts:
(i)
the amount determined by the Minister under the section concerned in relation to the institution in respect of that year;
(ii)
any amounts paid to the institution by students under subparagraph 41(1)(a)(i), paragraph 41(1A)(a) or 56(b) in that year less any amounts paid to students by the institution under paragraph 56(a) in that year;
(iii)
any amounts paid to the institution by the Commonwealth under subsection 57(2) or (3) in that year; and
(d)
subject to subsection (2), the institution does not charge any student fees in respect of that year or a part of that year except as provided by section 13; and
(g)
the institution gives to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires from the institution in respect of the provision of higher education by the institution during that year.
(2)
Paragraph (1)(d) does not apply in relation to:
(aa)
The University of Notre Dame Australia; or
(b)
a course of study at Avondale College that is not funded in whole or in part by the Commonwealth.

19Grants for restructuring and rationalisation programs

(1)
The Minister may determine, in respect of a year, an amount of financial assistance for an institution to which section 15 applies if the Minister is satisfied that the assistance will contribute towards restructuring and rationalising activities of the institution.
(2)
The Minister may make a determination under subsection (1) subject to conditions.
(3)
If the Minister determines an amount of financial assistance for an institution in respect of a year under subsection (1), the amount payable under section 15 to the institution in respect of the year is to be increased, from 1 January in that year, by the amount of the determination.
(4)
A determination under subsection (1) must be made in accordance with guidelines issued by the Minister.

20Grants for superannuation expenses

(1)
The Minister may determine, for the purposes of this section, that expenditure of a specified kind by institutions to which this section applies, being expenditure in relation to the provision of superannuation benefits for staff of such institutions whose salaries are funded from grants provided under this Act for operating purposes or limited operating purposes, is to be relevant superannuation expenditure.
(2)
Where the Minister is satisfied that an institution has incurred, or will incur, relevant superannuation expenditure, the Minister may determine an amount of additional financial assistance payable to the institution in respect of a year to which this Chapter applies, and, subject to subsection (3), as from 1 January in that year, the amount determined under section 15 or 16, as the case requires, in relation to the institution in respect of that year shall be taken to be increased by the first‑mentioned amount.
(3)
The total of the amounts determined under subsection (2) in respect of a year shall not exceed:
(a)
in the case of the year 1989—$108,829,000;
(b)
in the case of the year 1990—$104,931,000;
(c)
in the case of the year 1991—$40,979,000;
(d)
in the case of the year 1992—$53,191,000; and
(e)
in the case of the year 1993—$54,065,000; and
(f)
in the case of the year 1994—$78,613,000; and
(g)
in the case of the year 1995—$69,037,000; and
(h)
in the case of the year 1996—$102,027,000; and
(i)
in the case of the year 1997—$102,027,000; and
(j)
in the case of the year 1998—$108,673,000; and
(k)
in the case of the year 1999—$112,664,000; and
(l)
in the case of the year 2000—$118,297,000; and
(m)
in the case of the year 2001—$100,000,000; and
(n)
in the case of the year 2002—$112,793,000; and
(o)
in the case of the year 2003—$121,497,000; and
(p)
in the case of the year 2004—$124,340,000.

20AGrants for special purposes

(1)
There is payable to an institution, as financial assistance in respect of a year, in relation to expenditure of the institution for such purposes as the Minister determines, such amount (the special purpose grant) as the Minister determines.
(2)
The Minister may grant financial assistance to an institution under subsection (1) on such conditions (if any) as the Minister determines.
(3)
The total of the special purpose grants in respect of a year must not exceed the amount set out in section 17 in respect of the following year.
(4)
If the Minister determines a special purpose grant for an institution in respect of a year, then the amounts determined to be payable to the institution under section 15 or 16 in respect of:
(a)
the year next following that year; or
(b)
the 2 years next following that year; or
(c)
the 3 years next following that year;
are reduced by amounts that equal in total the amount of the special purpose grant.
(5)
Determinations under subsections (1) and (2), and reductions under subsection (4), must be made in accordance with guidelines issued by the Minister.

20BGrant to Marcus Oldham College

(1)
There is payable to Marcus Oldham College, in respect of the year 2004, such amount as the Minister determines.
(2)
The amount payable under this section must not exceed $2,095,000.

21Proposals and grants for projects of national priority etc.

(1)
The Minister may approve a proposal for expenditure as a proposal deserving financial assistance under this section in respect of a year to which this Chapter applies if:
(a)
the proposal is for expenditure by an institution to which this section applies or by another incorporated body; and
(b)
the proposal is for expenditure:
(i)
upon a project relating to a matter of national priority in higher education; or
(ii)
that will be used to maintain or enhance innovation in, or the quality of, higher education provided by an institution.
(2)
The Minister may give approval under subsection (1), subject to such conditions as he or she determines.
(3)
If the Minister approves a proposal under subsection (1) in respect of a year, then, subject to section 23C:
(a)
the Minister must determine an amount as the estimated total expenditure on the proposal for the year; and
(b)
the Minister must determine an amount of approved expenditure in relation to the proposal for the year; and
(c)
the amount of approved expenditure on the proposal for the year must not be greater than the amount of estimated total expenditure on the proposal for the year.
(4)
If the Minister determines an amount in relation to a proposal for expenditure by an institution in respect of a year, the amount specified in a determination under section 15 or 16, as the case requires, in relation to the institution in respect of that year is taken to be increased by the amount of the approved expenditure.
(5)
If the Minister determines an amount in relation to a proposal for expenditure by a body other than an institution in respect of a year, there is payable to the body in connection with the proposal in respect of that year an amount equal to the amount determined by the Minister.

21AConditions on certain grants under section 21

(1)
A body other than an institution is granted financial assistance under section 21 in relation to an approved proposal of the body in respect of a year on the condition set out in this section.
(2)
The total amount spent by the body in connection with the proposal during the year must not be less than the total amount of the financial assistance paid to the body under section 21 in relation to the proposal.
(3)
For the purposes of subsection (2), the total amount spent by the body during the year includes amounts spent by the body after the end of the year in respect of commitments entered into before the end of the year.

21BGrants in relation to innovation in, or quality of, higher education

(1)
Subject to section 23C, the Minister may determine an amount of financial assistance for an institution to which this section applies in respect of a year to which this Chapter applies if the Minister is satisfied that the assistance will be used to maintain or enhance innovation in, or the quality of, higher education provided by the institution.
(2)
The Minister may make a determination under subsection (1) subject to conditions.
(3)
If the Minister determines an amount of financial assistance for an institution in respect of a year under subsection (1), the amount payable under section 15 or 16, as the case requires, in relation to the institution in respect of the year is to be increased from 1 January in that year by the amount of the determination.

22Promotion of equality of opportunity

(1)
In this section:
equal opportunity project means a project designed to promote equality of opportunity in respect of higher education.
(2)
The Minister may approve a proposal for expenditure by an institution to which this section applies on an equal opportunity project as a proposal deserving financial assistance under this section in respect of a year to which this Chapter applies subject to such conditions as the Minister determines.
(3)
Where the Minister approves a proposal for expenditure by an institution in respect of a year, the Minister is (subject to section 23C) to determine an amount, not exceeding the estimated expenditure on the proposal in that year, as the amount of the approved expenditure in relation to the proposal and as from 1 January in that year, the amount specified in a determination under section 15 or 16, as the case requires, in relation to the institution in respect of that year is to be taken to be increased by the amount of the approved expenditure.

22AGrants to open learning organisations

(1)
The Minister may approve a proposal for expenditure by an open learning organisation for purposes connected with the provision of tertiary courses and units of study.
(2)
The Minister may approve a proposal for expenditure by all or any of the following:
(a)
an open learning organisation;
(b)
an institution;
(c)
another incorporated body;
for the purpose of providing teaching and learning assistance:
(d)
to clients of an open learning organisation; or
(e)
to such other persons as are identified, in accordance with subsection (2A), by the Minister in the notice approving the proposal for expenditure.
(2A)
The Minister may identify persons for the purposes of paragraph (2)(e) in respect of a proposal for expenditure only if the Minister is satisfied that provision of teaching and learning assistance to those persons under that proposal:
(a)
accords with national tertiary education priorities; and
(b)
will foster open learning approaches in the provision of tertiary education services.
(3)
If the Minister approves a proposal under subsection (1) or (2) in respect of a year, then, subject to subsection (5):
(a)
the Minister must determine an amount as the estimated total expenditure on the proposal for the year; and
(b)
the Minister must determine an amount of approved expenditure in relation to the proposal for the year; and
(c)
the amount of approved expenditure on the proposal for the year must not be greater than the amount of estimated total expenditure on the proposal for the year.
(4)
There is payable to an open learning organisation under subsection (1) or to an open learning organisation, institution or other body under subsection (2) an amount equal to the approved expenditure determined by the Minister under subsection (3) in respect of that agency or that organisation, institution or other body, as the case requires.
(5)
The total of the amounts of approved expenditure determined by the Minister under subsection (3) in respect of proposals approved under subsections (1) and (2) must not exceed:
(a)
for the year 1993—$10,945,000; and
(b)
for the year 1994—$11,680,000; and
(c)
for the year 1995—$12,675,000; and
(d)
for the year 1996—$12,632,000;
(e)
for the year 1997—$215,000; and
(f)
for the year 1998—$218,000; and
(g)
for the year 1999—$221,000; and
(h)
for the year 2000—$225,000; and
(i)
for the year 2001—$230,000; and
(j)
for the year 2002—$235,000; and
(k)
for the year 2003—$241,000; and
(l)
for the year 2004—$247,000.
(6)
Financial assistance is granted to an open learning organisation in respect of a proposal approved under subsection (1) on condition that the organisation enter into an agreement with the Commonwealth that sets out the terms on which money is provided by the Commonwealth and accepted by the organisation.
(7)
Financial assistance is granted to an open learning organisation, institution or other body in respect of a proposal approved under subsection (2) on condition that the organisation, institution or other body enter into an agreement with the Commonwealth setting out the terms on which money is provided by the Commonwealth and accepted by the organisation, institution or other body.

23Special research assistance

(1)
The Minister may, subject to such conditions as the Minister determines, approve a proposal, whether by an institution or otherwise, for expenditure by an institution to which this section applies on:
(a)
a research program; or
(b)
a program that supports:
(i)
research training; or
(ii)
the conduct of research programs;
as a proposal deserving financial assistance under this section in respect of a year to which this Chapter applies.
(1A)
The Minister may approve a proposal for expenditure by a body, other than an institution, on:
(a)
a research program; or
(b)
a program that supports:
(i)
research training; or
(ii)
the conduct of research programs;
to be undertaken by the body as a proposal deserving financial assistance under this section in respect of a year to which this Chapter applies subject to such conditions as the Minister determines.
(1B)
A proposal for expenditure by an institution or body cannot be approved under subsection (1) or (1A) in relation to the year starting on 1 January 2001 or a later year unless:
(a)
there is an approved research and research training management plan for the institution or body and the year (see subsection (1C)); and
(b)
the institution or body is an accredited higher education institution or body (see subsection (1D)); and
(c)
the institution or body is listed in Schedule 1.
(1C)
For the purposes of paragraph (1B)(a), there is an approved research and research training management plan for an institution or body and a year if (and only if):
(a)
the institution or body has, in writing, submitted a plan to the Minister that covers the year; and
(b)
the Minister has, in writing, declared that he or she is satisfied that the plan meets the requirements in force under subsection (1E).
(1D)
For the purposes of paragraph (1B)(b), an institution or body is an accredited higher education institution or body if (and only if) the institution or body is included as a higher education institution on both of the following registers (as in force when the relevant expenditure proposal is being considered by the Minister):
(a)
the Australian Qualifications Framework Register of Authorities empowered by Government to Accredit Post‑Compulsory Education and Training Courses;
(b)
the Australian Qualifications Framework Register of Bodies with Authority to Issue Qualifications.
(1E)
The Minister may, by instrument in writing, determine requirements to be satisfied for a plan to be approved under paragraph (1C)(b).
Note: A determination under this subsection is a legislative instrument—see paragraph 110(b).
(2)
If the Minister approves a proposal under subsection (1) or (1A) in respect of a year, then, subject to section 23C:
(a)
the Minister must determine an amount as the estimated total expenditure on the proposal for the year; and
(b)
the Minister must determine an amount of approved expenditure in relation to the proposal for the year; and
(c)
the amount of approved expenditure on the proposal for the year must not be greater than the amount of estimated total expenditure on the proposal for the year.
(3)
There is payable to an institution or another body to which an approved proposal relates, for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the institution or other body in connection with the approved proposal in respect of the year to which the proposal relates, an amount equal to the amount of the approved expenditure in relation to the proposal.
(5)
Financial assistance is granted to an institution or another body under subsection (3) in relation to an approved proposal of the institution or body in respect of a year on the condition that:
(a)
the sum of the amounts spent by the institution or other body in connection with the proposal in respect of that year, being amounts spent before the end of that year or spent after that year in respect of commitments entered into before the end of that year;

is not less than:
(b)
the sum of the amounts of financial assistance paid to the institution or body under this section in relation to the proposal.

23AGrants for advanced engineering centres

(1)
The Minister may approve a proposal for expenditure as a proposal deserving financial assistance under this section in respect of a year to which this Chapter applies if:
(a)
the proposal is for expenditure by an institution to which this section applies; and
(b)
the proposal is for expenditure upon a centre that, in the opinion of the Minister, is an advanced engineering centre.
(2)
In forming his or her opinion under paragraph (1)(b), the Minister must have regard to the following matters:
(a)
the quality of the undergraduate and post‑graduate training courses offered by the proposed centre;
(b)
whether the functions of the proposed centre include the provision of:
(i)
specialist engineering short courses for persons engaged in industry; or
(ii)
continuing education and retraining in engineering; or
(iii)
short courses in engineering for post‑secondary teachers, including teachers of technical and further education;
(c)
the extent to which the proposed centre is able and willing to provide, under contract, engineering research and design services for industry;
(d)
the degree of support which industry is prepared to provide to the proposed centre.
(3)
The Minister may give approval under subsection (1) subject to conditions.
(4)
If the Minister approves a proposal in respect of a year, then, subject to section 23C:
(a)
the Minister must determine an amount as the estimated total expenditure on the proposal for the year; and
(b)
the Minister must determine an amount of approved expenditure in relation to the proposal for the year; and
(c)
the amount of approved expenditure on the proposal for the year must not be greater than the amount of estimated total expenditure on the proposal for the year.
(5)
There is payable to an institution to which an approved proposal relates an amount equal to the amount of approved expenditure determined by the Minister in relation to the proposal.
(6)
The amount payable to an institution under subsection (5) is for financial assistance in respect of expenditure incurred or to be incurred by the institution:
(a)
in connection with the proposal; and
(b)
in respect of the year to which the proposal relates.

23BConditions of grants for advanced engineering centres

(1)
An institution is granted financial assistance under section 23A in relation to an approved proposal of the institution in respect of a year on the condition set out in this section.
(3)
The total amount spent by the institution in connection with the proposal during the year must not be less than the total amount of the financial assistance paid to the institution under section 23A in relation to the proposal.
(4)
For the purposes of subsection (3), the total amount spent by the institution includes amounts spent by the institution after the end of the year in respect of commitments entered into before the end of the year.

23BAGrants to co‑operative multimedia centres

(1)
The Minister may approve a proposal for expenditure by a co‑operative multimedia centre if the Minister is satisfied that the purposes of the proposal include:
(a)
arranging for, or providing services related to, education and training; and
(b)
undertaking other activities;
that will assist in the development of the multimedia industry.
(2)
If the Minister approves a proposal under subsection (1), the Minister must, subject to section 23C, determine an amount of approved expenditure in respect of the proposal in respect of the year commencing on the date of the approval and each of the 2 succeeding years.
(3)
Financial assistance is granted to a co‑operative multimedia centre in respect of a proposal approved under subsection (1) on condition that the centre enters into an agreement with the Commonwealth that sets out the terms on which money is provided by the Commonwealth and accepted by the centre.
(4)
After the start of the third year of funding of a co‑operative multimedia centre the Minister must arrange for a review of the operations of the centre to be conducted. The review is to be completed not later than 6 months before the end of the third year of funding.
(5)
If the Minister is satisfied, on the basis of the review, that the multimedia centre has substantially assisted in the development of the multimedia industry, the Minister may approve a further proposal for expenditure by the centre that meets the criteria specified in subsection (1).
(6)
If the Minister approves a further proposal under subsection (5), the Minister must determine an amount of approved expenditure in respect of the proposal in respect of each of the 4 years following the end of the third year of funding or in respect of each of such lesser number of years as the Minister thinks appropriate.
(7)
Financial assistance is granted to a co‑operative multimedia centre in respect of a further proposal approved under subsection (5) on condition that the centre enters into a further agreement with the Commonwealth that sets out the terms on which money is provided by the Commonwealth and accepted by the centre.
(8)
There is payable to a co‑operative multimedia centre in respect of a year an amount equal to the approved expenditure determined by the Minister under subsection (2) or (6) in respect of that centre and that year.

23CLimit on total funds available for certain grants

(1)
In any year, the total of:
(a)
the amount determined by the Minister under section 21 (Proposals and grants for projects of national priority etc.); and
(b)
the amounts determined by the Minister under section 21B (Grants in relation to innovation in or the quality of higher education); and
(c)
the amounts determined by the Minister under section 22 (Promotion of equality of opportunity); and
(d)
the amounts determined by the Minister under section 23 (Special research assistance); and
(e)
the amounts determined by the Minister under section 23A (Grants for advanced engineering centres); and
(f)
the amounts determined by the Minister under section 23BA (Grants for co‑operative multimedia centres);
must not exceed the consolidated amount prescribed for that year.
(2)
For the purposes of subsection (1), the following consolidated amounts are prescribed:
(a)
for the year 1994—$431,919,000; and
(b)
for the year 1995—$432,147,000; and
(c)
for the year 1996—$496,250,000; and
(d)
for the year 1997—$477,793,000; and
(e)
for the year 1998—$481,163,000; and
(g)
for the year 1999—$461,839,000; and
(h)
for the year 2000—$472,820,000; and
(i)
for the year 2001—$977,318,000; and
(j)
for the year 2002—$1,065,435,000; and
(k)
for the year 2003—$1,121,399,000; and
(l)
for the year 2004—$1,077,028,000.

24Grants in respect of teaching hospitals

(1)
In this section:
appropriate costs, in relation to a teaching hospital of an institution, means:
(a)
expenditure (other than expenditure on building projects) incurred by the hospital in relation to:
(i)
parts of the hospital used exclusively by students enrolled in the Faculty of Medicine, or School of Medicine, of the institution, by students enrolled in the Faculty of Medicine, or School of Medicine, of any other institution in relation to which that hospital is a teaching hospital and by their teachers; and
(ii)
facilities and equipment so used in connection with those parts of the hospital; and
(b)
expenditure incurred in the purchase of books and periodicals for the medical library of the hospital.
(2)
Subject to subsection (3), there is payable to an institution to which this section applies, for the purpose of financial assistance in respect of contributions by the institution towards the appropriate costs, in respect of a year to which this Chapter applies, of the teaching hospital or teaching hospitals of the institution, such amount as the Minister determines.
(3)
The total of the amounts determined under subsection (2) in respect of a year shall not exceed:
(a)
in the case of the year 1989—$3,815,000;
(b)
in the case of the year 1990—$4,029,000;
(c)
in the case of the year 1991—$4,258,000;
(d)
in the case of the year 1992—$4,421,000; and
(e)
in the case of the year 1993—$4,494,000; and
(f)
in the case of the year 1994—$4,592,000; and
(g)
in the case of the year 1995—$4,647,000; and
(h)
in the case of the year 1996—$4,738,000; and
(i)
in the case of the year 1997—$4,819,000; and
(j)
in the case of the year 1998—$4,896,000; and
(k)
in the case of the year 1999—$4,972,000; and
(l)
in the case of the year 2000—$5,058,000; and
(m)
in the case of the year 2001—$5,168,000; and
(n)
in the case of the year 2002—$5,287,000; and
(o)
in the case of the year 2003—$5,412,000; and
(p)
in the case of the year 2004—$5,539,000.
(4)
Financial assistance is granted to an institution under subsection (2) in respect of a year on the condition that:
(a)
the sum of the amounts spent by the institution in making contributions towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the institution;
is not less than:
(b)
the sum of the amounts of financial assistance paid to the institution under subsection (2) in relation to the institution in respect of that year.

25Grants in respect of drug and alcohol education in teaching hospitals

(1)
There is payable to an institution to which this section applies, for the purpose of financial assistance in relation to the review of, and research in connection with, the undergraduate medical curriculum of the institution in so far as it is concerned with matters relating to the abuse of alcohol and drugs, in respect of the year 1989 or the year 1990, such amount as the Minister determines.
(2)
The total of the amounts determined under subsection (1) in respect of a year shall not exceed:
(a)
in the case of the year 1989—$584,000; and
(b)
in the case of the year 1990—$618,000.
(3)
Financial assistance is granted to an institution under subsection (1) in respect of a year on the condition that:
(a)
the sum of the amounts spent by the institution for the purpose of the review and research referred to in subsection (1) in the institution in respect of that year;
is not less than:
(b)
the sum of the amounts of financial assistance paid to the institution under subsection (1) in respect of that year.

25AGrants to support student organisations – payments to institutions

(1)
If, in respect of a year, the Minister is satisfied that a State has taken, or refused or failed to reverse, action having the effect, directly or indirectly, of preventing or hindering:
(a)
the imposition, by the governing body of an institution, of fees for an organisation that represents the interests generally of students at the institution; or
(b)
the collection of fees so imposed;
the Minister may authorise payment to that institution in respect of that year for that organisation of such an amount by way of financial assistance as the Minister determines to be appropriate.
(2)
The total of the amounts determined by the Minister in subsection (1) for payment to an institution for an organisation in respect of a year must not exceed an amount that the Minister has determined would have been imposed, or imposed and collected, by that institution for that organisation in respect of that year were it not for that action of the State, or that refusal or failure by the State to reverse action already taken.
(3)
Financial assistance is granted to an institution for an organisation under subsection (1) in respect of a year on the conditions that:
(a)
the institution will pay each amount of that financial assistance received by it to the student organisation concerned without undue delay; and
(b)
the institution will give to the Minister, not later than 30 June next following that year, a statement by a qualified auditor, in an appropriate form, as to the amounts so paid to the organisation.

25BGrants to support student organisations – direct payments

(1)
If, in respect of a year, the Minister is satisfied that a State has taken, or refused or failed to reverse, action that has or would have the effect, directly or indirectly, of preventing or hindering:
(a)
acceptance by an institution, or payment by an institution to a student organisation, of such amount of financial assistance as the Minister determines, or proposes to determine, under subsection 25A(1); or
(b)
the application, for one or more permitted purposes, by the institution or student organisation of fees imposed, or imposed and collected, on behalf of a student organisation;
the Minister may authorise payment to that student organisation in respect of that year of such an amount, by way of financial assistance, as the Minister determines to be appropriate.
(2)
The total amount determined by the Minister under subsection (1) for payment to the student organisation must not exceed:
(a)
if paragraph (1)(a) applies—an amount that the Minister determines would have been imposed, or imposed and collected, by the institution for the student organisation in respect of that year; or
(b)
if paragraph (1)(b) applies—an amount that the Minister determines would have been available for application by the institution or the student organisation in respect of permitted purposes in respect of that year;
but for that action of the State, or that refusal or failure by the State to reverse action already taken.
(3)
Financial assistance is granted to the student organisation under subsection (1) in respect of a year on the conditions that the student organisation:
(a)
uses the financial assistance for permitted purposes; and
(b)
gives to the Minister, not later than 30 June next following that year, a statement by a qualified auditor, in an appropriate form, certifying that the financial assistance was used in accordance with paragraph (a).
(4)
The student organisation may accept and use the financial assistance for permitted purposes.
(5)
This section has effect despite the provisions of any law, whether written or unwritten, of a State to the contrary.
(6)
In this section:
permitted purposes means:
(a)
the purposes of providing benefits to students within the meaning of paragraph 51(xxiiiA) of the Constitution; or
(b)
purposes that otherwise further the objects of a student organisation;
being lawful purposes.
student organisation means an organisation that has as one of its objects or purposes the furthering of the interests generally of students at an institution and that is:
(a)
a financial corporation or trading corporation within the meaning of paragraph 51(xx) of the Constitution; or
(b)
an incorporated body or an unincorporated body of any other kind.

26Guidelines for non‑building capital projects

The Minister may issue guidelines setting out criteria that are to be applied in deciding whether a proposal is a proposal for a non‑building capital project.

27Guidelines for special capital projects

The Minister may issue guidelines setting out criteria that are to be applied in deciding whether a proposal for expenditure is a proposal for expenditure on a special capital project.

27AGrants for special capital projects

(1)
The Minister may approve a proposal for expenditure as a proposal deserving financial assistance under this section in respect of a year to which this Chapter applies if:
(a)
the proposal is for expenditure by an institution to which this section applies; and
(b)
the proposal is for expenditure upon a capital project which, in the opinion of the Minister, is a special capital project within the meaning of guidelines issued under section 27.
(2)
The Minister may give approval under subsection (1) subject to conditions.
(3)
If the Minister approves a proposal in respect of a year:
(a)
the Minister must determine an amount as the estimated maximum Commonwealth contribution towards the project; and
(b)
the Minister must determine an amount of approved expenditure on the project in respect of that year; and
(c)
the amount of approved expenditure determined under paragraph (b) must not be greater than the amount determined as the estimated maximum Commonwealth contribution towards the project.
(4)
Subject to subsections (5) and (6), there is payable to an institution to which an approved proposal relates an amount equal to the amount of approved expenditure determined by the Minister for that year in relation to the proposal.
(5)
If an amount has been determined under paragraph (3)(a) as the estimated maximum Commonwealth contribution towards a special capital project of an institution, the total of the amounts payable to the institution in relation to that capital project under this Act must not exceed the estimated maximum Commonwealth contribution towards the project as determined, or last determined, under paragraph (3)(a).
(6)
The total of the amounts of approved expenditure approved by the Minister under subsection (3) must not exceed:
(a)
for the year 1994—$35,537,000; and
(b)
for the year 1995—$36,328,000; and
(c)
for the year 1996—$36,927,000; and
(d)
for the year 1997—$37,556,000; and
(e)
for the year 1998—$38,158,000; and
(f)
for the year 1999—$38,751,000; and
(g)
for the year 2000—$39,423,000; and
(h)
for the year 2001—$40,275,000; and
(i)
for the year 2002—$41,209,000; and
(j)
for the year 2003—$49,489,000; and
(k)
for the year 2004—$43,170,000.
(7)
If the Minister approves a proposal for expenditure on a special capital project under subsection (3), the Minister may direct that specified information be given to the Minister in respect of the project at such time and in such manner as is specified in the direction.
(8)
In this section:
maximum Commonwealth contribution, in relation to a special capital project, means the proportion of the amount estimated by the Minister to be the total cost of the project that the Minister considers to be the appropriate Commonwealth contribution under this section towards the project.

27BMinister may give directions in relation to special capital projects

If:
(a)
information relating to a special capital project of an institution is given to the Minister in accordance with a direction under subsection 27A(7); and
(b)
the Minister has considered the information;
the Minister may, for the purposes of this Chapter, give directions to the institution with respect to the manner in which the project is carried out.

27CConditions attaching to special capital grants

Financial assistance is granted to an institution under section 27A in relation to a special capital project of an institution in respect of a year on the conditions that:
(a)
the sum of the amounts spent by the institution in relation to work carried out before the end of that year in connection with the project will be not less than the sum of the amounts paid to the institution in relation to the project under this Chapter; and
(b)
the institution will provide information relating to the project to the Minister in accordance with any relevant direction under subsection 27A(7); and
(c)
the project will be carried out in accordance with any relevant direction under section 27B; and
(d)
if the Minister so requests, the institution will give to the Minister, by such date as the Minister specifies, such particulars as are specified by the Minister concerning the progress or expected progress of the work or matter constituting the project.

27DExpenditure on international marketing and promotion

(1)
The Minister may determine, in respect of a year, an amount that is to be available for expenditure by the Commonwealth on the international marketing and promotion of Australian education and training services.
(2)
The amount determined under subsection (1) in respect of a year must not exceed:
(a)
in the case of the year 1998—$1,016,000; and
(b)
in the case of the year 1999—$2,468,000; and
(c)
in the case of the year 2000—$3,883,000; and
(d)
in the case of the year 2001—$4,947,000; and
(e)
in the case of the year 2002—$5,285,000; and
(f)
in the case of the year 2003—$5,410,000; and
(g)
in the case of the year 2004—$5,537,000.
(3)
In this section:
Australian education and training services means education and training provided by institutions.

Part 2.4Transitional 28Adjustments where estimated 1988 enrolments not equal to actual enrolments

(1)
In this section:
actual enrolment number, in relation to a relevant higher education institution in respect of the year 1988, means the actual number of relevant enrolments at the institution in respect of that year.
estimated enrolment number, in relation to a relevant higher education institution in respect of the year 1988, means the number of relevant enrolments at the institution estimated by the Minister under section 5 of the previous Assistance Act.
(2)
In this section, relevant enrolment and relevant higher education institution have the same meanings as in section 3 of the previous Assistance Act.
(3)
If the actual enrolment number in relation to a relevant higher education institution in a State in respect of the year 1988 is less than the estimated enrolment number in relation to the institution in respect of that year, there is payable to the State in relation to the institution the amount ascertained in accordance with the formula:

(4)
Payment of an amount to a State under Part 2.2 in relation to a relevant higher education institution in respect of the year 1989 is subject to the additional condition that, if the estimated enrolment number in relation to the institution in respect of the year 1988 is less than the actual enrolment number in relation to the institution in respect of that year, the State will pay to the Commonwealth the amount ascertained in accordance with the formula

(5)
For the purposes of the formulae in subsections (3) and (4):
A is the actual enrolment number in relation to the institution in respect of the year 1988;
E is the estimated enrolment number in relation to the institution in respect of that year; and
C is the amount of charge applicable to that year under section 4D of the States Grants (Tertiary Education Assistance) Act 1984.
(6)
An amount payable to a State under subsection (3) in relation to a relevant higher education institution may be added to a grant to the State in relation to that institution in respect of the year 1989.
(7)
An amount payable by a State to the Commonwealth in accordance with the condition referred to in subsection (4) may be deducted from a grant to the State in respect of the year 1989 in relation to the institution in relation to which the amount became payable.
(8)
Where the Minister is satisfied that:
(a)
2 or more relevant higher education institutions that existed as separate institutions in the year 1988 have amalgamated before or during the year 1989 so as to form a new relevant higher education institution; or
(b)
a relevant higher education institution that existed as a separate institution in the year 1988 has been incorporated in another relevant higher education institution before or during the year 1989;
the Minister may give a direction in accordance with subsection (9) or (10), as the case requires.
(9)
The Minister may direct that an amount that would have been payable to a State under subsection (3) in relation to either or any of the institutions first referred to in paragraph (8)(a) or the institution first referred to in paragraph (8)(b), if the institution concerned had continued to exist as a separate institution, continues to be payable to the State and may be added to a grant to the State in relation to the new institution referred to in paragraph (8)(a) or the other institution referred to in paragraph (8)(b), as the case may be, in respect of the year 1989.
(10)
The Minister may direct that an amount that would have been payable by a State to the Commonwealth in accordance with the condition referred to in subsection (4) in relation to either or any of the institutions first referred to in paragraph (8)(a) or the institution first referred to in paragraph (8)(b), if the institution concerned had continued to exist as a separate institution, continues to be payable and may be deducted from a grant to the State in relation to the new institution referred to in paragraph (8)(a) or the other institution referred to in paragraph (8)(b), as the case may be, in respect of the year 1989.

Chapter 4Higher Education Contribution SchemePart 4.1Preliminary 34Interpretation

(1)
In this Chapter, unless the contrary intention appears:
annual Band amount has the meaning given by section 40A.
annual course contribution has the meaning given by section 40.
appropriate officer, in relation to an institution, means a person, or a person included in a class of persons, appointed by, or by a delegate of, the chief executive officer of the institution to be an appropriate officer of the institution for the purposes of this Chapter.
Band has the meaning given by section 40A.
census date, in relation to a course of study undertaken by a student at an institution in a semester, means:
(a)
in the case of a course undertaken in a period that is taken to be a semester by virtue of subsection 37(2) or (3):
(i)
if the course is of not less than 6 weeks duration—the date that is 14 days after the date on which the student starts to undertake the course of study; or
(ii)
if the course is of less than 6 weeks duration—the date on which the student starts to undertake the course of study; or
(b)
in any other case—such date as is specified for the purposes of this definition by the Minister, by notice published in the Gazette, in relation to courses of study undertaken in that semester.
Commissioner means the Commissioner of Taxation.
contributing student, in relation to a designated course of study at an institution, means a student, other than an exempt student, in relation to that course of study.
contribution means a contribution payable under this Chapter.
designated course of study, in relation to an institution, means a course of study at that institution other than:
(b)
a course of study provided in accordance with guidelines issued by the Minister under:
(i)
subsection 13(1); or
(iv)
subsection 32(5) of the Maritime College Act 1978;
(c)
a course of instruction provided to persons for the purpose of enabling them to undertake a course of study; or
(d)
a course provided at Avondale College, being a course that is not funded in whole or in part by the Commonwealth.
exempt student has the meaning given by section 35.
HEC assessment debt means an amount that is required to be paid in respect of an accumulated HEC debt under section 106Q and is included in a notice of an assessment made under section 106T.
HEC semester debt has the meaning given by section 106J.
post‑graduate award student, in relation to a post‑graduate course of study at an institution in respect of a year, means a student who holds an award, granted in accordance with guidelines issued by the Minister for the purposes of this definition, in respect of that course of study in respect of that year.
semester means a semester in a year to which this Chapter applies.
standard student load has a meaning affected by subsection 39(2).
student means a person who proposes to undertake on or after 1 January 1989, or is undertaking or has undertaken on or after that date, a course of study at an institution and, when used in relation to a particular course of study at an institution, means a person who proposes to undertake on or after 1 January 1989, or is undertaking or has undertaken on or after that date, that course of study at that institution.
student load, in relation to a course of study undertaken by a student, has a meaning affected by section 36.
tax file number, in relation to a person, means a number issued to the person by the Commissioner, being a number that is either:
(a)
a number issued to the person under section 44 or under any provisions of another Act that correspond to that section; or
(b)
a number notified by the Commissioner to the person as the person’s income tax file number.
(2)
Expressions used in this Chapter that are defined in the Income Tax Assessment Act 1936 have in this Chapter, unless the contrary intention appears, the same meanings as in that Act.
(3)
For the purposes of this Chapter, the payment of an amount to an institution by a person other than a student in respect of a contribution payable by the student to the institution shall be taken to constitute payment of that amount to the institution by the student.
(4)
In this Chapter, institution means any of the following institutions of higher education:
(a)
the institutions referred to in section 4;
(b)
Australian Defence Force Academy;
(f)
National Institute of Dramatic Art;
(h)
The Australian Film, Television and Radio School.

35Exempt students

(1)
This section has effect for the purposes of this Chapter.
(2)
A post‑graduate award student in relation to a post‑graduate course of study at an institution in respect of a semester is an exempt student in relation to that course of study in respect of that semester.
(3)
A person who proposes to attend or participate in but not to enrol for, is attending or participating in but is not enrolled for, or has attended or participated in but was not enrolled for, a course of study is, and shall be taken to have been at all times, an exempt student in relation to that course of study.
(4)
An overseas student in relation to a course of study at an institution in respect of a semester is an exempt student in relation to that course of study in respect of that semester.
(4A)
A student of The University of Notre Dame Australia who pays fees for a course of study at that University in respect of a semester is an exempt student in relation to that course of study in respect of that semester.
(5)
A student is an exempt student in relation to a course of study in respect of a semester if:
(a)
all of the places in that course of study in respect of that semester are fully funded by an employer within the meaning of subsection (6); and
(b)
at least some of the places so funded are funded to assist the institution providing the course to meet the needs of the employer; and
(c)
the student will occupy one of those fully funded places whether or not the student is an employee of the employer.
(5A)
A student is an exempt student in relation to a course of study in respect of a semester if:
(a)
the student will occupy a place in that course of study in respect of that semester; and
(b)
that place is jointly funded by an employer within the meaning of subsection (6) and by the Commonwealth; and
(c)
the student is, in accordance with guidelines issued by the Minister for the purposes of this section, declared by the institution providing the course of study to be an exempt student.
(5B)
The Minister may make guidelines for the purposes of subsection (5A) setting out the circumstances in which an institution may declare that a student occupying a place in a course of study in respect of a semester:
(a)
that is provided by that institution; and
(b)
that is jointly funded by an employer within the meaning of subsection (6) and by the Commonwealth;
is an exempt student.
(6)
In subsections (5), (5A) and (5B), employer means a person who pays, or is liable to pay, salary or wages and includes:
(a)
the Commonwealth, a State or a Territory; or
(b)
any instrumentality of the Commonwealth, a State or a Territory.
(7)
A student is an exempt student in relation to a course of study at an institution in respect of a semester if:
(a)
the institution has awarded the student a merit‑based equity scholarship for the course; and
(b)
the institution awarded the scholarship in accordance with guidelines issued by the Minister for the purposes of this subsection.
(8)
A student is an exempt student in relation to a course of study in respect of a semester if:
(a)
the student is a New Zealand citizen because of the operation of section 29 of the Citizenship Act 1977 of New Zealand; and
(b)
the student’s study is being sponsored or funded by the Australian International Development Assistance Bureau; and
(c)
fees in respect of the student for the course of study are to be charged under guidelines issued under paragraph (d) of the definition of fees in section 3.

36Student load not to include work experience in industry

(1)
If:
(a)
a student is undertaking a course of study at an institution; and
(b)
the student does work outside the institution as part of, or in connection with, that course of study; and
(c)
the work is not supervised by a member of the institution’s staff or by a person who is paid by the institution to do such supervision; and
(d)
the purpose of doing the work is to obtain work experience in industry;
then, for the purposes of this Chapter, the student’s student load for that course does not include that work.
(2)
Section (1) applies whether or not the work forms part of the standard student load for that course.
(3)
The Minister may issue guidelines setting out criteria that the institution must apply in deciding whether the requirements in paragraphs (1)(a), (b), (c) and (d) are satisfied.

37Semesters

(1)
If a year to which this Chapter applies in which an institution provides a course of study is not divided into semesters for the purposes of the institution, the Minister may, after consulting the institution, determine that, subject to this section, that year is, in relation to that course of study at that institution, to be taken for the purposes of this Chapter to be divided into 2 semesters and specify the dates on which those semesters respectively start and end.
(2)
Where an institution provides a course or courses of study during a period that starts during or after the period that would, but for this subsection, be the last semester to end at the institution in a year to which this Chapter applies and ends before the period that would, but for this subsection, be the first semester at the institution in the next following year, the first‑mentioned period shall be taken for the purposes of this Chapter to be a separate semester for the purposes of the institution and to occur in that last‑mentioned year.
(3)
Where an institution provides a course or courses of study during a period that does not fully coincide with a period that is otherwise, for the purposes of this Chapter a semester for the purposes of the institution, that period is taken for the purposes of this Chapter (other than subsection (2)) to be a separate semester for the purposes of the institution.

Part 4.2ContributionsDivision 1Additional condition of grant of financial assistance38Additional condition

(1)
In addition to the conditions specified in any other provision of this Act, financial assistance is granted to an institution referred to in section 4 on the condition that the institution complies with the requirements of this Chapter.
(2)
Without limiting the operation of subsection (1), the following provisions of this Chapter do not of their own force require an institution to do any act or thing.

Division 2Imposition and payment of contributions39Requirement to pay contributions

(1)
An institution shall, in respect of each semester, require each contributing student who is undertaking a designated course of study at the institution on the census date in respect of that course of study in respect of that semester to pay to the institution in respect of that semester a contribution, ascertained in accordance with this section, towards the cost of the provision of that course of study.
(2)
Each institution shall determine, in accordance with guidelines issued by the Minister, in respect of each designated course of study that may be undertaken at the institution in a year to which this Chapter applies, a standard student load that represents an equivalent full time student unit.
Amount of contribution for pre‑1997 student
(3)
The contribution for a pre‑1997 student is worked out using the formula:

where:
annual course contribution means the annual course contribution for the year in which the semester occurs.
student load means the student’s student load for the course in the semester, expressed as a proportion of the standard student load for the course in the year in which the semester occurs.
(4)
For the purposes of this section, a student is a pre‑1997 student in relation to a course of study if:
(a)
the student commenced the course before 1997, as a contributing student; or
(b)
the institution that provides the course has determined that the student is to be treated as a pre‑1997 student in relation to the course, and that determination is made in accordance with guidelines issued by the Minister for the purposes of this subsection.
Amount of contribution for other students
(5)
The contribution for a student (other than a pre‑1997 student) is the total of the amounts worked out under subsection (6) for each of the Bands.
(6)
The amount for a Band is worked out using the formula:

where:
annual Band amount means the annual Band amount for the Band for the year in which the semester occurs.
student load for the Band means the student’s student load for the course in the semester, for units of study in the Band, expressed as a proportion of the standard student load for the course in the year in which the semester occurs.
Cents to be disregarded
(7)
If an amount worked out under subsection (3) or (5) includes any cents, the cents must be disregarded.

40Annual course contribution

(1)
The annual course contribution for the purposes of this Chapter in respect of the year 1992 is $2,250.
(2)
The annual course contribution for the purposes of this Chapter in respect of a year (in this subsection called the relevant year) subsequent to the year 1992 is:
(a)
subject to paragraph (b), the amount ascertained by multiplying the annual course contribution in respect of the year immediately preceding the relevant year by the factor ascertained in accordance with subsection (3) in relation to the relevant year; or
(b)
if an amount calculated under paragraph (a) consists of a number of whole dollars and a number of cents—the amount so calculated disregarding the cents.
(3)
The factor to be ascertained for the purposes of subsection (2) in relation to a year is:
(a)
the number, calculated to 3 decimal places, ascertained by dividing the index number for the September quarter in the immediately preceding year by the index number for the September quarter in the year that next preceded that preceding year; or
(b)
if the number so ascertained would, if it were calculated to 4 decimal places, end in a number greater than 4—the number so ascertained increased by 0.001.
(4)
Subject to subsection (6), the index number for the September quarter in the year 1991 is 100.00.
(5)
The Minister shall, before the end of the year 1992 and before the end of each subsequent year:
(a)
determine the index number for the September quarter in the year concerned; and
(b)
cause to be published in the Gazette a notice specifying the index number so determined and specifying the amount of the annual course contribution for the purposes of this Part in respect of the next following year.
(6)
If at any time, whether before or after the commencement of this section, the Minister has changed or changes the reference base for the Higher Education Operating Grants Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.
(7)
In this section:
index number, in relation to the September quarter in a year being the year 1992 or a subsequent year, means the Higher Education Operating Grants Index number for that quarter published by the Minister in the Gazette, being a number that takes into account changes in costs incurred by institutions since the September quarter in the immediately preceding year.

40AAnnual Band amounts that apply from 1997

(1)
Each institution must allocate each relevant unit of study to one of the following Bands, in accordance with guidelines issued by the Minister:
(a)
Band 3;
(b)
Band 2;
(c)
Band 1.
For this purpose, relevant unit of study means any unit of study that may be undertaken at the institution as part of a designated course of study in a year to which this Chapter applies.
(2)
The annual Band amounts for 1997 are:
(a)
$5,500 for Band 3; and
(b)
$4,700 for Band 2; and
(c)
$3,300 for Band 1.

125, 1997	15 Sept 1997	15 Sept 1997	Sch. 1 (items 19, 22)
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (items 838–850): 1 Jan 1998 (see Gazette 1997, No. GN49) (j)	—
Higher Education Funding Amendment Act 1998	112, 1998	8 Dec 1998	8 Dec 1998	—
A New Tax System (Fringe Benefits Reporting) Act 1999	17, 1999	19 Apr 1999	Schedule 2 (item 14): 17 May 1999 Remainder: Royal Assent	—
Higher Education Funding Amendment Act 1999	158, 1999	8 Dec 1999	Schedule 1 (item 10): (k) Remainder: Royal Assent	—
A New Tax System (Tax Administration) Act 1999	179, 1999	22 Dec 1999	Schedule 11 (item 13): 1 July 2000 Schedule 16 (item 2): (l)	—
A New Tax System (Tax Administration) Act (No. 1) 2000	44, 2000	3 May 2000	Schedule 3 (items 11–13): (m)	—
Higher Education Funding Amendment Act (No. 1) 2000	130, 2000	13 Nov 2000	13 Nov 2000	—
Australian Research Council (Consequential and Transitional Provisions) Act 2001	9, 2001	22 Mar 2001	1 July 2001 (see s. 2 and Gazette 2001, No. GN25)	Sch. 2
Higher Education Funding Amendment Act 2001	86, 2001	18 July 2001	Schedule 1 (items 4–10), Schedule 2 (items 3, 4) and Schedule 4: Royal Assent (n)	Sch. 2 (item 4)
Innovation and Education Legislation Amendment Act (No. 2) 2001	116, 2001	18 Sept 2001	18 Sept 2001	Sch. 2 (item 22)
Education, Training and Youth Affairs Legislation Amendment (Application of Criminal Code) Act 2001	147, 2001	1 Oct 2001	2 Oct 2001	s. 4
Higher Education Legislation Amendment Act (No. 1) 2002	13, 2002	4 Apr 2002	4 Apr 2002	—
Higher Education Legislation Amendment Act (No. 2) 2002	78, 2002	8 Oct 2002	8 Oct 2002	Sch. 1 (items 24, 29)
Higher Education Funding Amendment Act 2002	87, 2002	21 Oct 2002	Schedule 1 (items 22, 23): (o) Remainder: Royal Assent	Sch. 1 (item 23)
Higher Education Legislation Amendment Act (No. 3) 2002	112, 2002	2 Dec 2002	2 Dec 2002	—
Higher Education Legislation Amendment Act 2003	87, 2003	23 Sept 2003	23 Sept 2003	—
Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003	150, 2003	19 Dec 2003	s 4, Sch 1 and Sch 2 (items 1–8, 8A–8D, 9–19, 90–94, 112, 120–124): 1 Jan 2004 (s 2(1) items 2–4, 7, 14, 16) Sch 2 (items 104, 109, 111): 18 Sept 2001 (s 2(1) item 9) Schedule 2 (items 105–108, 110): 4 Apr 2002 (s 2(1) items 10, 12) Sch 2 (items 113–119A): 1 Jan 2005 (s 2(1) item 15)	Sch 1 and Sch 2 (item 112)
as amended by
Higher Education Legislation Amendment Act 2004	45, 2004	21 Apr 2004	21 Apr 2004	—
Higher Education Legislation Amendment Act (No. 2) 2004	114, 2004	13 July 2004	(see 114, 2004 below)	—
Higher Education Legislation Amendment Act (No. 3) 2004	157, 2004	17 Dec 2004	Sch 2 (items 1–8): 17 Dec 2004 Sch 2 (item 9): 1 Jan 2004 (s 2(1) item 6)	—
Higher Education Legislation Amendment (2005 Measures No. 2) Act 2005	83, 2005	6 July 2005	Sch 2: 1 Jan 2004 (s 2(1) item 5)	—
Higher Education Legislation Amendment (2005 Measures No. 4) Act 2005	158, 2005	19 Dec 2005	20 Dec 2005	—
Higher Education Legislation Amendment (2007 Measures No. 1) Act 2007	72, 2007	28 May 2007	Schedule 3 (items 3–6): 1 Jan 2008	Sch. 3 (item 6)
Higher Education Legislation Amendment Act 2004	45, 2004	21 Apr 2004	21 Apr 2004	—
Higher Education Legislation Amendment Act (No. 2) 2004	114, 2004	13 July 2004	Schedule 1: Royal Assent	—
Financial Framework Legislation Amendment Act 2005	8, 2005	22 Feb 2005	s. 4 and Schedule 1 (items 2, 3, 150–155): Royal Assent	s. 4
Higher Education Legislation Amendment (2005 Measures No. 1) Act 2005	56, 2005	25 May 2005	Sch 3: 25 May 2005 (s 2(1) item 6) Sch 5: 1 Jan 2004 (s 2(1) item 7)	Sch. 3 (item 2)
Higher Education Legislation Amendment (2005 Budget Measures) Act 2005	156, 2005	19 Dec 2005	19 Dec 2005	—
Higher Education Legislation Amendment (2005 Measures No. 4) Act 2005	158, 2005	19 Dec 2005	20 Dec 2005	—
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006	101, 2006	14 Sept 2006	Schedule 2 (items 114, 115) and Schedule 6 (items 1, 6–11): Royal Assent	Sch. 6 (items 1, 6–11)
Higher Education Legislation Amendment (2006 Budget and Other Measures) Act 2006	121, 2006	4 Nov 2006	Schedule 1 (item 1) and Schedule 5: Royal Assent	—
Statute Law Revision Act 2007	8, 2007	15 Mar 2007	Schedule 1 (item 15): Royal Assent	—
Australian Citizenship (Transitionals and Consequentials) Act 2007	21, 2007	15 Mar 2007	Schedules 1–3: 1 July 2007 (see s. 2(1) and F2007L01653) Remainder: Royal Assent	—
Higher Education Legislation Amendment (2007 Measures No. 1) Act 2007	72, 2007	28 May 2007	Sch 3 (item 1): 28 May 2007 (s 2(1) item 4)	—
Statute Stocktake (Regulatory and Other Laws) Act 2009	111, 2009	16 Nov 2009	Sch 2 (item 12): 17 Nov 2009 (s 2)	—
Statute Law Revision Act 2010	8, 2010	1 Mar 2010	Sch 5 (item 137(a)): 1 Mar 2010 (s 2(1) items 31, 38)	—
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Sch 6 (item 47) and Sch 7 (item 72): 19 Apr 2011	—
Statute Law Revision Act 2013	103, 2013	29 June 2013	Sch 4 (items 7–10): 29 June 2013 (s 2(1) item 16)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sep 2015	Sch 1 (item 258): 5 Mar 2016 (s 2(1) item 2)	—
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024	39, 2024	31 May 2024	Sch 5 (items 15–33): 14 Oct 2024 (s 2(1) item 2)	—
Administrative Review Tribunal (Miscellaneous Measures) Act 2025	14, 2025	20 Feb 2025	Sch 2 (items 66–68): 21 Feb 2025 (s 2(1) item 2)	—

Title	FRLI registration	Commencement	Application, saving and transitional provisions
Declaration under subsection 4(2) of the Act	18 Jan 2006 (F2006L00192)	19 Jan 2006	—
Declaration under subsection 4(2) of the Act	1 Mar 2006 (F2006L00628)	2 Mar 2006	—
Declaration under subsection 4(2) of the Higher Education Funding Act 1988	19 Oct 2006 (F2006L03457)	20 Oct 2006	—
Declaration under subsection 4(2) of the Higher Education Funding Act 1988	28 Mar 2007 (F2007L00840)	29 Mar 2007	—
Declaration under subsection 4(2) of the Higher Education Funding Act 1988	3 Oct 2007 (see F2007L03921)	4 Oct 2007	—
Declaration under subsection 4(2) of the Higher Education Funding Act 1988	25 Nov 2008 (F2008L04384)	26 Nov 2008	—
Declaration under subsection 4(2) of the Higher Education Funding Act 1988	18 Mar 2010 (F2010L00709)	19 Mar 2010	—

(a) Chapter 5 (sections 99–106) of the Higher Education Funding Act 1988 was repealed by section 67 of the Higher Education Funding Amendment Act (No. 2) 1992 before a date was fixed for the commencement.
(b) The Higher Education Funding Act 1988 was amended by section 113 only of the Taxation Laws Amendment Act (No. 3) 1991, subsection 2(10) of which provides as follows:
(10)
Subject to subsection (11), sections 112 to 117 (inclusive) commence on a day to be fixed by Proclamation.
(c) The Higher Education Funding Amendment Act (No. 2) 1992 was amended by sections 12–18 only of the Higher Education Funding Legislation Amendment Act 1994, subsections 2(3)–(5) of which provide as follows:
(3)
The repeal effected by section 13 is taken to have commenced on 1 January 1993, immediately after the commencement of Part 2 of the Higher Education Funding Amendment Act (No. 2) 1992.
(4)
The amendments made by sections 14, 15, 16 and 17 are taken to have commenced on 1 January 1994, immediately after the commencement of Part 4 of the Higher Education Funding Amendment Act (No. 2) 1992.
(5)
The amendment made by section 18 is taken to have commenced on 1 January 1993, immediately after the repeal effected by section 13 is taken to have commenced.
(d) Subsection 2(3) of the Higher Education Funding Legislation Amendment Act 1993 provides as follows:
(3)
Subsection 20(2) commences on 1 January 1994 immediately after section 51 of the Higher Education Funding Amendment Act (No. 2) 1992 commences.
(e) The Higher Education Funding Amendment Act 1994 was amended by Part 4 (sections 19–23) only of the Higher Education Funding Legislation Amendment Act 1994, subsection 2(6) of which provides as follows:
(6)
The amendments made by Part 4 are taken to have commenced on 25 February 1994, immediately after the commencement of the Higher Education Funding Amendment Act 1994.
(f) The Higher Education Funding Act 1988 was amended by sections 3–11 only of the Higher Education Funding Legislation Amendment Act 1994, subsections 2(1) and (2) of which provide as follows:
(1)
Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2)
The amendments made by paragraphs 5(b) and (c) commence on 1 January 1995.
(g) The Higher Education Funding Amendment Act (No. 2) 1995 was amended by Schedule 3 (item 30) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:
(3)
Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.
(h) The Higher Education Funding Act 1988 was amended by Schedule 2 (items 61–64) only of the Statute Law Revision Act 1996, subsection 2(2) of which provides as follows:
(2)
Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.
Item 61 is taken to have commenced immediately after the commencement of Part 5 of the Higher Education Funding Amendment Act (No. 2) 1992.
Part 5 commenced on 1 January 1993.
Item 62 is taken to have commenced immediately after the commencement of Chapter 2 of the Higher Education Funding Act 1988.
Chapter 2 commenced on 6 January 1989.
Item 63 is taken to have commenced immediately after the commencement of the Higher Education Funding Amendment Act 1994.
The Higher Education Funding Amendment Act 1994 came into operation on 25 February 1994.
Item 64 is taken to have commenced immediately after the commencement of Part 4 of the Schedule to the Higher Education Funding Amendment Act (No. 2) 1995.
Part 4 of the Schedule commenced on 1 January 1996.
(i) The Higher Education Funding Act 1988 was amended by Schedule 1 (items 1–33) only of the Higher Education Legislation Amendment Act 1996, section 2 of which provides as follows:
(1)
Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2)
Items 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 33 of Schedule 1 commence on 1 January 1997, immediately after the commencement of the items in Schedule 1 to the Higher Education Funding Amendment Act (No. 1) 1996 that also commence on 1 January 1997.
(3)
Items 1, 2, 3, 12, 34 and 35 of Schedule 1 commence on 1 January 1998.
(j) The Higher Education Funding Act 1988 was amended by Schedule 2 (items 838–850) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2)
Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(k) The Higher Education Funding Act 1988 was amended by Schedule 1 only of the Higher Education Funding Amendment Act 1999, subsection 2(2) of which provides as follows:
(2)
Item 10 is taken to have commenced immediately after the commencement of item 31 of Schedule 1 to the Higher Education Legislation Amendment Act 1996.
Schedule 1 (item 10) commenced on 12 December 1996.
(l) Subsection 2(1) of the A New Tax System (Tax Administration) Act 1999 provides as follows:
(1)
Subject to this section, this Act commences, or is taken to have commenced, immediately after the commencement of section 1 of the A New Tax System (Pay As You Go) Act 1999.
Section 1 commenced on 22 December 1999.
(m) The Higher Education Funding Act 1988 was amended by Schedule 3 (items 11–13) only of the A New Tax System (Tax Administration) Act (No. 1) 2000, subsection 2(1) of which provides as follows:
(1)
Subject to this section, this Act commences, or is taken to have commenced, immediately after the commencement of section 1 of the A New Tax System (Tax Administration) Act 1999.
Section 1 commenced on 22 December 1999.
(n) The Higher Education Funding Act 1988 was amended by Schedule 1 (items 4–10), Schedule 2 (item 3) and Schedule 4 only of the Higher Education Funding Amendment Act 2001, subsection 2(1) of which provides as follows:
(1)
Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(o) Subsection 2(1) (item 4) of the Higher Education Funding Amendment Act 2002 provides as follows:
(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
4. Schedule 1, items 22 and 23	Immediately after the commencement of subsection 23(1C) of the Higher Education Funding Act 1988	1 July 2001

Endnote 4Amendment history

Provision affected	How affected
Title...........................................	am. No. 158, 1992
Chapter 1
s. 2............................................	am. No. 116, 1993
s. 2A..........................................	ad. No. 158, 1992
s. 2B..........................................	ad. No. 112, 2002
rep. No. 150, 2003
s 3.............................................	am Nos 80, 1989; No 168, 1989; No 122, 1990; No 177, 1991; No 158, 1992; No 116, 1993; Nos 24, 1994; No 147, 1994; Nos 135, 1995; No 163, 1995; No 72, 1996; No 130, 2000; No 116, 2001; No 150, 2003; No 21, 2007; No 5, 2011; No 14, 2025
s. 4............................................	am. Nos. 80 and 168, 1989; No. 122, 1990; No. 158, 1992; No. 72, 1996; No. 112, 1998; No. 158, 1999; No. 130, 2000; No. 150, 2003; F2006L00192; F2006L00628; F2006L03457; F2007L00840; F2007L03921; F2008L04384; F2010L00709
ss. 5, 6.......................................	am. No. 158, 1992
s. 7............................................	am. No. 158, 1992; No. 43, 1996
s. 8............................................	rs. No. 158, 1992
s. 8A..........................................	ad. No. 158, 1992
s. 9............................................	am. No. 24, 1994
s. 10...........................................	am. No. 80, 1989
s. 11...........................................	rep. No. 158, 1992
ad. No. 147, 2001
Chapter 2
Heading to Chapt. 2.....................	rs. No. 112, 1998
Part 2.1
s. 13...........................................	rs. No. 158, 1992
am. No. 74, 1996
s. 14...........................................	am. No. 43, 1996
Part 2.2
Heading to Part 2.2......................	rs. No. 158, 1992
ss. 15, 16....................................	am. No. 158, 1992
s. 17...........................................	am. Nos. 80 and 168, 1989; No. 122, 1990; Nos. 53 and 177, 1991; Nos. 74 and 158, 1992; No. 116, 1993; No. 24, 1994 (as am. by No. 147, 1994); Nos. 79 and 147, 1994; Nos. 135 and 163, 1995; No. 72, 1996; No. 112, 1998; No. 158, 1999; No. 130, 2000; Nos. 9, 86 and 116, 2001; Nos. 78 and 87, 2002; Nos. 87 and 150, 2003; Nos. 45 and 114, 2004
s. 18...........................................	am. No. 158, 1992; No. 72, 1996; No. 125, 1997; No. 112, 1998; No. 86, 2001; No. 78, 2002; No. 150, 2003; No. 111, 2009
s. 18A........................................	ad. No. 177, 1991
am. Nos. 74 and 158, 1992; No. 116, 1993
rep. No. 163, 1995
s. 19...........................................	am. Nos. 80 and 168, 1989; No. 122, 1990; Nos. 53 and 177, 1991
rep. No. 72, 1996
ad. No. 125, 1997
s. 20...........................................	am. Nos. 80 and 168, 1989; No. 122, 1990; Nos. 53 and 177, 1991; Nos. 74 and 158, 1992; No. 116, 1993; No. 24, 1994 (as am. by No. 147, 1994); Nos. 135 and 163, 1995; Nos. 72 and 74, 1996; No. 125, 1997; No. 112, 1998; No. 158, 1999; No. 130, 2000; Nos. 86 and 116, 2001; Nos. 78 and 87, 2002; Nos. 87 and 150, 2003
s. 20A........................................	ad. No. 24, 1994
rs. Nos. 72 and 74, 1996
s. 20B........................................	ad. No. 72, 1996
rep. No. 74, 1996
ad. No. 150, 2003
Heading to s. 21..........................	rs. No. 163, 1995
s. 21...........................................	am. Nos. 80 and 168, 1989; No. 122, 1990; Nos. 53 and 177, 1991; No. 74, 1992
rs. No. 158, 1992
am. No. 116, 1993; No. 24, 1994; No. 163, 1995; No. 72, 1996
Heading to s. 21A.......................	rs. No. 163, 1995
s. 21A........................................	ad. No. 158, 1992
am. No. 78, 2002
s. 21B........................................	ad. No. 163, 1995
s. 22...........................................	am. Nos. 80 and 168, 1989; No. 122, 1990; Nos. 53 and 177, 1991; Nos. 74 and 158, 1992; No. 116, 1993
s. 22A........................................	ad. No. 158, 1992
am. No. 116, 1993; No. 24, 1994 (as am. by No. 147, 1994); Nos. 135 and 163, 1995; Nos. 13, 72 and 74, 1996; No. 125, 1997; No. 112, 1998; No. 158, 1999; No. 130, 2000; No. 86, 2001; Nos. 78 and 87, 2002; No. 150, 2003
s. 23...........................................	am. Nos. 80 and 168, 1989; No. 122, 1990; Nos. 53 and 177, 1991; Nos. 74 and 158, 1992; No. 116, 1993; No. 72, 1996; No. 9, 2001; Nos. 78 and 87, 2002
Note to s. 23(1E).........................	am. No. 158, 2005
s. 23A........................................	ad. No. 177, 1991
am. Nos. 74 and 158, 1992; No. 116, 1993; No. 72, 1996
s. 23B........................................	ad. No. 177, 1991
am. No. 158, 1992; No. 78, 2002
s. 23BA......................................	ad. No. 135, 1995
s. 23C........................................	ad. No. 116, 1993
am. No. 135, 1995; No. 163, 1995 (as am. by No. 43, 1996); Nos. 72 and 74, 1996; No. 125, 1997; No. 112, 1998; No. 158, 1999; No. 130, 2000; Nos. 9 and 86, 2001; Nos. 78 and 87, 2002; Nos. 87 and 150, 2003; No. 45, 2004
s. 24...........................................	am. Nos. 80 and 168, 1989; No. 122, 1990; Nos. 53 and 177, 1991; Nos. 74 and 158, 1992; No. 116, 1993; Nos. 135 and 163, 1995; Nos. 72 and 74, 1996; No. 125, 1997; No. 112, 1998; No. 158, 1999; No.130, 2000; No. 86, 2001; Nos. 78 and 87, 2002; Nos. 87 and 150, 2003
s. 25...........................................	am. No. 80, 1989; No. 122, 1990; No. 158, 1992; No. 78, 2002
s. 25A........................................	ad. No. 158, 1992
am. No. 178, 1994
s. 25B........................................	ad. No. 178, 1994
Part 2.3......................................	rep. No. 158, 1992
s. 26...........................................	am. Nos. 80 and 168, 1989; No. 122, 1990; Nos. 53 and 177, 1991; Nos. 74 and 158, 1992; No. 116, 1993
rs. No. 158, 1992
s. 26A........................................	ad. No. 177, 1991
rep. No. 158, 1992
s. 27...........................................	am. No. 177, 1991; No. 158, 1992
rs. No. 158, 1992
s. 27A........................................	ad. No. 158, 1992
am. No. 116, 1993; Nos. 135 and 163, 1995; Nos. 72 and 74, 1996; No. 125, 1997; No. 112, 1998; No. 158, 1999; No. 130, 2000; No. 86, 2001; Nos. 78 and 87, 2002; Nos. 87 and 150, 2003
s. 27B........................................	ad. No. 158, 1992
s. 27C........................................	ad. No. 158, 1992
am. No. 78, 2002
s. 27D........................................	ad. No. 112, 1998
am. No. 158, 1999; No. 130, 2000; No. 86, 2001; Nos. 78 and 87, 2002; Nos. 87 and 150, 2003
Chapt. 3.....................................	rep. No. 158, 1992
s. 29...........................................	am. Nos. 80 and 168, 1989
rep. No. 158, 1992
s. 30...........................................	am. Nos. 80 and 168, 1989; No. 122, 1990
rep. No. 158, 1992
s. 31...........................................	am. Nos. 80 and 168, 1989; No. 177, 1991; No. 158, 1992
rep. No. 158, 1992
s. 32...........................................	am. No. 80, 1989; No. 158, 1992
rep. No. 158, 1992
s. 33...........................................	am. No. 177, 1991; No. 158, 1992
rep. No. 158, 1992
Chapter 4
Part 4.1
s. 34...........................................	am. Nos. 80, 168 and 179, 1989; No. 122, 1990; No. 177, 1991; No. 158, 1992; No. 116, 1993; Nos. 72 and 74, 1996; No. 152, 1997; No. 86, 2001; No. 150, 2003; No. 8, 2005; No. 121, 2006
s. 35...........................................	am. No. 158, 1992; No. 116, 1993; No. 24, 1994 (as am. by No. 147, 1994); Nos. 135 and 163, 1995; No. 74, 1996; No. 112, 1998
s. 36...........................................

rs. No. 24, 1994
am. No. 86, 2001
s. 37...........................................	am. No. 122, 1990
Part 4.2
Division 1
s. 38...........................................	am. No. 158, 1992
Division 2
s. 39...........................................	am. No. 74, 1996
s. 40...........................................	am. No. 177, 1991
s. 40A........................................	ad. No. 74, 1996
s. 41...........................................	am. No. 158, 1992; No. 116, 1993; No. 24, 1994; No. 163, 1995; No. 125, 1997; No. 21, 2007
ss. 41A, 41B...............................	ad. No. 24, 1994
am. No. 125, 1997
s. 41C........................................	ad. No. 24, 1994
s. 42...........................................	am. No. 24, 1994; No. 43, 1996
s. 42A........................................	ad. No. 24, 1994
s. 43...........................................	am. No. 135, 1995
s 50............................................	am No 39, 2024
s 51............................................	am No 39, 2024
ss. 52, 53....................................	am. No. 147, 2001
s. 54...........................................	am. No. 74, 1996; No. 125, 1997; No. 78, 2002
s. 56...........................................	am. No. 158, 1992; No. 74, 1996; No. 125, 1997
ss. 56A, 56B...............................	ad. No. 125, 1997
ss. 56C–56E...............................	ad. No. 116, 2001
Division 3
s. 57...........................................	am. No. 24, 1994; No. 125, 1997
Part 4.3......................................	rep. No. 121, 2006
Heading to Part 4.3......................	rs. No. 152, 1997; No. 8, 2005
rep. No. 121, 2006
s. 59...........................................	am. No. 152, 1997
rs. No. 8, 2005
rep. No. 121, 2006
s. 60...........................................	am. No. 116, 1993; No. 152, 1997; No. 116, 2001; No. 13, 2002
rs. No. 8, 2005
rep. No. 121, 2006
s. 61...........................................	am. No. 158, 1992; No. 116, 1993; No. 152, 1997; Nos. 86 and 116, 2001; No. 13, 2002; Nos. 8 and 56, 2005
rep. No. 121, 2006
Part 4.4
Div. 1 of Part 4.4.........................	rep. No. 116, 1993
s. 62...........................................	rep. No. 116, 1993
s. 63...........................................	am. No. 122, 1990; No. 158, 1992
rep. No. 116, 1993
s. 64...........................................	rs. No. 158, 1992
rep. No. 116, 1993
s. 64A........................................	ad. No. 158, 1992
rep. No. 116, 1993
ss. 65, 66....................................	rep. No. 116, 1993
Div. 2 of Part 4.4.........................	rep. No. 116, 1993
s. 67...........................................	rep. No. 116, 1993
Div. 3 of Part 4.4.........................	rep. No. 116, 1993
s. 68...........................................	am. No. 122, 1990
rep. No. 116, 1993
Div. 4 of Part 4.4.........................	rep. No. 116, 1993
ss. 69–71....................................	rep. No. 116, 1993
s. 72...........................................	am. No. 216, 1991
rep. No. 116, 1993
ss. 73–75....................................	rep. No. 116, 1993
Division 5
ss. 76, 77....................................	rep. No. 116, 1993
s 78............................................	am No 147, 2001; No 5, 2011; No 39, 2024
Div. 6 of Part 4.4.........................	rep. No. 103, 2013
s. 79...........................................	rep. No. 103, 2013
s. 80...........................................	rep. No. 103, 2013
s. 81...........................................	rep. No. 103, 2013
s. 82...........................................	rep. No. 103, 2013
s. 83...........................................	rep. No. 103, 2013
s. 84...........................................	rep. No. 103, 2013
s. 85...........................................	rep. No. 103, 2013
Div. 7 of Part 4.4.........................	rep. No. 103, 2013
s. 86...........................................	rep. No. 103, 2013
s. 87...........................................	rep. No. 103, 2013
Div. 8 of Part 4.4.........................	rep. No. 103, 2013
s. 88...........................................	rep. No. 103, 2013
s. 89...........................................	rep. No. 103, 2013
Part 4.5
Div. 1 of Part 4.5.........................	rep. No. 103, 2013
s. 90...........................................	rep. No. 103, 2013
s. 91...........................................	rep. No. 103, 2013
Div. 2 of Part 4.5.........................	rep. No. 103, 2013
s. 92...........................................	rep. No. 103, 2013
s. 93...........................................	rep. No. 103, 2013
Div. 3 of Part 4.5.........................	rep. No. 103, 2013
s. 94...........................................	rep. No. 103, 2013
s. 95...........................................	rep. No. 103, 2013
Div. 5 of Part 4.5.........................	rep. No. 103, 2013
s. 97...........................................	rep. No. 103, 2013
s. 98...........................................	rep. No. 103, 2013
Chapter 4A
Chapt. 4A...................................	ad. No. 116, 2001
Part 4A.1
s. 98A........................................	ad. No. 116, 2001
am. No. 87, 2002; No. 150, 2003
s. 98AA.....................................	ad. No. 87, 2002
Note 2 to s. 98AA(2)...................	am. No. 158, 2005
s. 98B........................................	ad. No. 116, 2001
am. No. 21, 2007
Part 4A.2
s. 98C........................................	ad. No. 116, 2001
Part 4A.3
Division 1
s. 98D........................................	ad. No. 116, 2001
s. 98E........................................	ad. No. 116, 2001
am. Nos. 78 and 87, 2002
s. 98F.........................................	ad. No. 116, 2001
am. No. 87, 2002
Division 2
ss. 98G, 98H...............................	ad. No. 116, 2001
s. 98J.........................................	ad. No. 116, 2001
am. No. 87, 2002
s. 98JA.......................................	ad. No. 87, 2002
Part 4A.4
s. 98K........................................	ad. No. 116, 2001
s. 98L........................................	ad. No. 116, 2001
am. No. 150, 2003
s. 98M.......................................	ad. No. 116, 2001
Chapter 4B
Chapt. 4B...................................	ad. No. 13, 2002
Part 4B.1
s. 98N........................................	ad. No. 13, 2002
s. 98NA.....................................	ad. No. 150, 2003
s. 98P.........................................	ad. No. 13, 2002
s. 98Q........................................	ad. No. 13, 2002
am. No. 158, 2005; No. 8, 2010
s. 98R........................................	ad. No. 13, 2002
s. 98S.........................................	ad. No. 13, 2002
am. No. 158, 2005; No. 8, 2010
ss. 98T, 98U...............................	ad. No. 13, 2002
s. 98V........................................	ad. No. 13, 2002
am. No. 21, 2007
Part 4B.2
s. 98W.......................................	ad. No. 13, 2002
Part 4B.3
Division 1
s. 98X........................................	ad. No. 13, 2002
ss. 98Y, 98Z...............................	ad. No. 13, 2002
am. No. 87, 2002
Division 2
s. 98ZAA...................................	ad. No. 150, 2003
ss. 98ZA–98ZC...........................	ad. No. 13, 2002
Part 4B.4
s. 98ZD......................................	ad. No. 13, 2002
s. 98ZE......................................	ad. No. 13, 2002
am. No. 150, 2003
s. 98ZF......................................	ad. No. 13, 2002
Chapter 5
Chapt. 5.....................................	ad. No. 116, 1993
Part 5.1
s. 99...........................................	ad. No. 116, 1993
am. Nos. 72 and 74, 1996
s. 100.........................................	ad. No. 116, 1993
am. No. 163, 1995; No. 74, 1996
s. 101.........................................	ad. No. 116, 1993
am. No. 147, 1994; No. 163, 1995; No. 72, 1996; No. 21, 2007
s. 102.........................................	ad. No. 116, 1993
rep. No. 147, 1994
s. 103.........................................	ad. No. 116, 1993
am. No. 147, 1994
rs. No. 72, 1996
Part 5.2
Division 1
s. 104.........................................	ad. No. 116, 1993
rs. No. 147, 1994
am. No. 72, 1996
rs. No. 74, 1996
s. 105.........................................	ad. No. 116, 1993
am. No. 24, 1994; No. 72, 1996
s. 106.........................................	ad. No. 116, 1993
am. No. 147, 1994; No. 72, 1996
rep. No. 74, 1996
s. 106A......................................	ad. No. 116, 1993
am. No. 24, 1994
ss. 106AA, 106AB......................	ad. No. 24, 1994
am. No. 72, 1996
s. 106B......................................	ad. No. 116, 1993
am. No. 72, 1996
s. 106C......................................	ad. No. 116, 1993
s. 106CA....................................	ad. No. 116, 2001
Division 2
s. 106D......................................	ad. No. 116, 1993
am. No. 147, 1994; Nos. 72 and 74, 1996
s. 106E.......................................	ad. No. 116, 1993
am. No. 72, 1996
Part 5.3
s. 106F.......................................	ad. No. 116, 1993
s. 106FA....................................	ad. No. 72, 1996
am. No. 150, 2003
Part 5.4......................................	ad. No. 116, 1993
rep. No. 72, 1996
s. 106G......................................	ad. No. 116, 1993
rep. No. 72, 1996
Chapter 5A
Heading to Chapt. 5A..................	rs. No. 116, 2001; No. 13, 2002
Chapt. 5A...................................	ad. No. 116, 1993
Part 5A.1
s. 106H......................................	ad. No. 116, 1993
am. No. 163, 1995; No. 72, 1996; No. 39, 1997; No. 17, 1999; No. 116, 2001; No. 13, 2002; No. 101, 2006
s. 106I........................................	ad. No. 116, 1993
am. No. 116, 2001; No. 13, 2002
Part 5A.2
s. 106J.......................................	ad. No. 116, 1993
s. 106JA.....................................	ad. No. 116, 2001
s. 106JB.....................................	ad. No. 13, 2002
s. 106K......................................	ad. No. 116, 1993
am. No. 72, 1996
s. 106KA....................................	ad. No. 150, 2003
s 106L........................................	ad No 116, 1993
am No 72, 1996; No 125, 1997; No 150, 2003; No 39, 2024
s 106M.......................................	ad No 116, 1993
am No 72, 1996; No 150, 2003; No 39, 2024
s 106MA....................................	ad No 135, 1995
am No 39, 2024; No 14, 2025
s. 106N......................................	ad. No. 116, 1993
am. No. 163, 1995; No. 72, 1996; No. 116, 2001; No. 150, 2003
s. 106O......................................	ad. No. 116, 1993
am. No. 72, 1996; No. 116, 2001
Part 5A.3
Division 1
s. 106P.......................................	ad. No. 116, 1993
am. No. 163, 1995
s. 106PA....................................	ad. No. 163, 1995
am. No. 150, 2003
Division 1A
Div. 1A of Part 5A.3....................	ad. No. 163, 1995
s. 106PB....................................	ad. No. 163, 1995
am. No. 74, 1996
s. 106PC....................................	ad. No. 163, 1995
am. Nos. 43 and 74, 1996
Division 2
s. 106Q......................................	ad. No. 116, 1993
am. No. 163, 1995; No. 74, 1996; No. 158, 1999; No. 150, 2003
Division 3
s. 106R......................................	ad. No. 116, 1993
am. No. 24, 1994; No. 116, 2001; No. 13, 2002
s. 106S.......................................	ad. No. 116, 1993
rep. No. 72, 1996
s. 106T.......................................	ad. No. 116, 1993
am. No. 163, 1995
s. 106U......................................	ad. No. 116, 1993
am. No. 116, 1993; No. 179, 1999; No. 44, 2000; No. 78, 2002; No. 101, 2006
s 106V.......................................	ad No 116, 1993
s 106W......................................	ad No 116, 1993
s 106X.......................................	ad No 116, 1993
am No 39, 2024
Division 4
s. 106Y......................................	ad. No. 116, 1993
am. No. 72, 1996; No. 116, 2001; No. 150, 2003; No. 56, 2005; No. 8, 2007
s. 106YA....................................	ad. No. 86, 2001
s. 106Z.......................................	ad. No. 116, 1993
s. 106ZA....................................	ad. No. 116, 1993
Chapter 5B
Chapt. 5B...................................	ad. No. 116, 2001
Part 5B.1
s. 106ZB....................................	ad. No. 116, 2001
am. No. 13, 2002
Part 5B.2
s. 106ZC....................................	ad. No. 116, 2001
Part 5B.3
s. 106ZD....................................	ad. No. 116, 2001
Part 5B.4
s. 106ZE....................................	ad. No. 116, 2001
am. No. 13, 2002
s. 106ZF.....................................	ad. No. 116, 2001
s. 106ZG....................................	ad. No. 116, 2001
am. No. 13, 2002
Part 5B.5
s. 106ZH....................................	ad. No. 116, 2001
s. 106ZJ.....................................	ad. No. 116, 2001
Part 5B.6
s. 106ZK....................................	ad. No. 116, 2001
Chapt. 5C...................................	ad. No. 112, 2002
rep. No. 150, 2003
s. 106ZL....................................	ad. No. 112, 2002
rep. No. 150, 2003
ss. 106ZM–106ZO......................	ad. No. 112, 2002
rep. No. 150, 2003
s. 106ZP.....................................	ad. No. 112, 2002
rep. No. 150, 2003
ss. 106ZQ, 106ZR.......................	ad. No. 112, 2002
rep. No. 150, 2003
Chapter 6
s. 107.........................................	am. No. 158, 1991
s. 108.........................................	am. No. 158, 1991
am. No. 78, 2002
s. 109.........................................	am. No. 158, 1991
s. 110.........................................	rs. No. 177, 1991
am. No. 158, 1992 (as am. by No. 147, 1994); No. 116, 1993; No. 24, 1994; No. 135, 1995; Nos. 72 and 74, 1996; No. 125, 1997; Nos. 9 and 116, 2001; Nos. 13 and 87, 2002; No. 158, 2005; No 126, 2015
s. 110A......................................	ad. No. 150, 2003
am. No. 114, 2004; No. 156, 2005; No. 121, 2006
s. 110B......................................	ad. No. 72, 2007
s. 111.........................................	am. No. 158, 1992
s. 112.........................................	am. No. 78, 2002; No. 150, 2003
s. 112A......................................	ad. No. 78, 2002
s. 113.........................................	am. No. 158, 1992
s. 114.........................................	rs. No. 138, 1988
am. No. 158, 1992
rep. No. 8, 2005
s. 115.........................................	am. No. 138, 1988; No. 158, 1992
s. 116	am. No. 138, 1988; No. 158, 1992
rs. No. 8, 2005
s. 117.........................................	am. No. 138, 1988; No. 158, 1992 (as am. by No. 147, 1994); No. 152, 1997
rep. No. 8, 2005
s. 118.........................................	am. No. 138, 1988; No. 116, 2001; No. 13, 2002; No. 8, 2005
s. 119.........................................	am. No. 158, 1992 (as am. by No. 147, 1994); No. 163, 1995; No. 112, 1998
s. 121.........................................	rep. No. 103, 2013
s. 122.........................................	rep. No. 103, 2013
s. 123.........................................	rep. No. 103, 2013
s. 124.........................................	rep. No. 103, 2013
Chapt. 7.....................................	rep. No. 158, 1992
ss. 125–132................................	rep. No. 158, 1992
Schedule 1
Schedule 1..................................	ad. No. 9, 2001
am. No. 78, 2002