Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003
Act No. 150 of 2003 as amended
This compilation was prepared on 1 January 2008
[This Act was amended by Act Nos. 45, 114 and 157 of 2004; Nos. 83 and 158 of 2005; No. 72 of 2007]
Amendments from Act No. 45 of 2004
[Schedule 3 (items 63 and 64) amended item 1 of Schedule 1
Schedule 3 (items 65–70) amended item 3 of Schedule 1
Schedule 4 (item 1) repealed Part 4 of Schedule 1
Schedule 5 (item 3) amended item 1 of Schedule 1
Schedule 5 (items 4–6) amended item 6 of Schedule 1
Schedule 5 (items 7–9) amended item 11A of Schedule 1
Schedule 5 (item 10) inserted item 21A of Schedule 1
Schedule 3 (items 63–70), Schedule 4 (item 1) and Schedule 5 (items 3–10) commenced on 21 April 2004]
Amendment from Act No. 114 of 2004
[Schedule 3 repealed and substituted Schedule 1 (item 5)
Schedule 3 commenced on 13 July 2004]
Amendments from Act No. 157 of 2004
[Schedule 2 (item 1) amended Schedule 1 (item 5)
Schedule 2 (item 2) repealed and substituted Schedule 1 (item 9)
Schedule 2 (item 3) added Schedule 1 (item 17A)
Schedule 2 (item 4) amended Schedule 1 (item 20)
Schedule 2 (items 5–7) amended Schedule 1 (item 22A)
Schedule 2 (item 8) added Schedule 1 (item 23A)
Schedule 2 (item 9) amended Schedule 1 (item 24)
Schedule 2 (items 1–8) commenced on 17 December 2004
Schedule 2 (item 9) commenced immediately after 1 January 2004]
Amendment from Act No. 83 of 2005
[Schedule 2 (item 1) amended paragraph 2(c) of Schedule 1
Schedule 2 (item 1) commenced immediately after 1 January 2004]
Amendments from Act No. 158 of 2005
[Schedule 3 (item 21) amended subitem 4(1) of Schedule 1
Schedule 3 (item 22) repealed subitem 4(3) of Schedule 1
Schedule 3 (item 23) amended subitem 8(1) of Schedule 1
Schedule 3 (item 24) repealed subitem 8(3) of Schedule 1
Schedule 3 (items 21–24) commenced on 20 December 2005]
Amendments from Act No. 72 of 2007
[Schedule 3 (item 3) added subitem 1(2A) of Schedule 1
Schedule 3 (items 4 and 5) amended item 6 of Schedule 1
Schedule 3 (items 3–5) commenced on 1 January 2008
For application provision see Act No. 72, 2007, Schedule 3 (item 6)]
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title
2 Commencement
3 Schedule(s)
4 Meanings of expressions defined in the Higher Education Support Act 2003
Schedule 1—Transitional provisions
Part 1—Transitional arrangement for students under the Higher Education Contribution Scheme
Part 2—Transitional arrangement for students under the Post‑graduate education loan scheme
Part 3—Debts under the Higher Education Funding Act 1988
Part 5—Avondale College
Part 6—Other transitional provisions
Schedule 2—Amendments
Part 1—Appropriations
Higher Education Funding Act 1988
Part 2—Transitional financial assistance
Higher Education Funding Act 1988
Part 2A—HEC repayment thresholds for the 2004-05 year of income
Higher Education Funding…
Overview
The Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 was enacted to address the transitional and consequential issues arising from the enactment of the Higher Education Support Act 2003. The Act was passed by the Parliament of Australia and received Royal Assent on 19 December 2003. It aims to ensure a smooth transition from the old Higher Education Funding Act 1988 to the new legislative framework introduced by the Higher Education Support Act 2003. This includes the management of student debts, financial assistance, and other provisions necessary to implement the new higher education support system effectively. The Act also contains amendments to various other Acts to align them with the changes introduced by the Higher Education Support Act 2003.
Scope and Application
The Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 applies to various persons, entities, and transactions within the higher education sector in Australia. The Act deals with transitional and consequential matters arising from the enactment of the Higher Education Support Act 2003. The legislation applies to students who were enrolled in a course of study before the commencement of the Higher Education Support Act 2003, as well as institutions that provide higher education, including universities and other higher education providers. The Act also applies to debts incurred under the Higher Education Funding Act 1988, and amendments are made to several other Acts to reflect the changes introduced by the Higher Education Support Act 2003. The Act has a national jurisdictional reach, applying throughout Australia, and it extends to matters regulated by subordinate instruments where necessary. There are no specific exclusions, exemptions, or thresholds mentioned in the text provided. The Act's provisions are designed to ensure a smooth transition from the old higher education funding arrangements to the new system introduced by the Higher Education Support Act 2003.
Key Provisions
- The Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 is designed to manage the transitional and consequential amendments arising from the enactment of the Higher Education Support Act 2003. The operative sections of the Act cover transitional provisions for students under the Higher Education Contribution Scheme (HECS) and the Post-graduate Education Loan Scheme (FEE-HELP), as well as provisions for the conversion of debts and other financial arrangements under the Higher Education Funding Act 1988. The Act also addresses transitional financial assistance, the allocation of funding to specific institutions, and various amendments to other Acts to ensure consistency with the new legislative framework.
- The Act imposes several obligations on the parties it governs. For instance, students who were enrolled in a course before 1 January 2005 and who meet certain criteria are entitled to specific transitional provisions, such as being considered Commonwealth supported students or being entitled to HECS-HELP or FEE-HELP assistance. Institutions must comply with the Act’s provisions regarding the classification of certain units of study and the calculation of student contribution amounts. The Minister is required to make guidelines under certain items of the Act to provide clarity on matters such as when a person is taken to have commenced or completed a course of study.
- The Act delineates various offences and penalties for breaches. For instance, the Act specifies that a person cannot establish certain eligibility criteria more than six weeks after the census date for a unit of study. Additionally, the Act includes provisions for the conversion of accumulated Higher Education Contribution Scheme (HEC) debts into Higher Education Loan Program (HELP) debts and the calculation of these debts based on specified financial years. Any person who fails to comply with these provisions may face financial penalties or other consequences as stipulated in the Higher Education Support Act 2003. The Act also details amendments to other legislative instruments, including appropriations and the repeal or modification of specific sections in various Acts to align with the new legislative framework.
- In summary, the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 is a comprehensive legislative instrument aimed at ensuring a smooth transition from the Higher Education Funding Act 1988 to the Higher Education Support Act 2003. It sets out specific transitional provisions for students, obligations for institutions and the Minister, and consequences for non-compliance, all aimed at maintaining the integrity and functionality of the higher education financial support system in Australia.
- Area of Law
- Education Law
- Financial Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Transitional Provisions
- Reporting & Disclosure Obligations
- Repeal & Amendment
- Licensing & Registration
- Enforcement Powers
