Social Security (Approved Scholarship Courses) Determination 2020
made under subsection 592N(1) of the
Social Security Act 1991
Compilation No. 1
Compilation date: 23 August 2023
Includes amendments up to: F2023L01095
Registered: 11 September 2023
About this compilation
This compilation
This is a compilation of the Social Security (Approved Scholarship Courses) Determination 2020 that shows the text of the law as amended and in force on 23 August 2023 (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 (www.legislation.gov.au). 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1 Name
This instrument is the Social Security (Approved Scholarship Courses) Determination 2020.
3 Authority
This instrument is made under subsection 592N(1) of the Social Security Act 1991.
4 Definitions
Note: The following expression used in this instrument is defined in section 23 of the Act:
(a) higher education institution.
In this instrument:
accelerator program course has the same meaning as in the Higher Education Support Act 2003.
accredited higher education course means a course that is:
(a) accredited as a higher education course by TEQSA, or taken to be a course accredited by TEQSA, in relation to the provider for the purposes of the Tertiary Education Quality and Standards Agency Act 2011; or
(b) if a higher education institution is authorised by a law of the Commonwealth or a law of the State or Territory in which the institution is located to accredit its own higher education courses – a course conducted and accredited as a higher education course by that institution.
Act means the Social Security Act 1991.
bridging study for overseas‑trained professionals means the occupation‑related subjects, course, tuition or training program that is necessary for an overseas‑trained professional to complete in order to meet the requirements for entry into their profession in Australia.
Masters qualifying course means an intermediate course required to be completed before a person commences study for a Masters degree.
preparatory course means a course offered by a higher education institution that is designed to assist people to gain entry to higher education level courses (including enabling and bridging courses).
TEQSA means the Tertiary Education Quality and Standards Agency.
VET means vocational education and training.
VET course has the same meaning that term is given in section 3 of the National Vocational Education and Training Regulator Act 2011.
6 Approved scholarship courses
For subsection 592N(1) of the Act, an approved scholarship course is a course that is specified in Column 1 of the table below and provided by an education institution specified for that course in Column 2 of that table.
Approved scholarship courses | ||
Item | Column 1 Course | Column 2 Education institution |
1 | Accredited higher education course | Higher education institution |
2 | Preparatory course | Higher education institution |
3 | Accelerator program course | Higher education provider within the meaning of the Higher Education Support Act 2003 |
4 | A course that: (a) includes an accelerator program course; and (b) includes an undergraduate or postgraduate accredited higher education course at the level of: (i) associate degree; or (ii) associate diploma; or (iii) Bachelor degree; or (iv) bridging study for overseas‑trained professionals; (v) postgraduate bachelor degree; or (vi) Masters qualifying course; or (vii) any of the following that is not a VET course: (A) diploma; (B) advanced diploma; (C) graduate certificate; (D) graduate diploma; and (c) is identified as a combined course in the institution’s handbooks; and (d) does not include a course accredited at Masters level (other than an approved Masters level course specified in the legislative instrument made under section 5D of the Student Assistance Act 1973) | Higher education provider within the meaning of the Higher Education Support Act 2003 |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Social Security (Approved Scholarship Courses) Determination 2020 | 3 Feb 2020 (F2020L00088) | 4 Feb 2020 (s 2(1) item 1) |
|
Social Security (Approved Scholarship Courses) Amendment Determination 2023 | 22 Aug 2023 (F2023L01095) | 23 Aug 2023 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2..................... | rep LA s 48D |
s 4..................... | am F2023L01095 |
s 5..................... | rep LA s 48C |
s 6..................... | rs F2023L01095 |
| ed C1 |
Schedule 1................ | rep LA s 48C |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Section 6
Kind of editorial change
Give effect to the misdescribed amendment as intended
Details of editorial change
Schedule 1 item 4 of the Social Security (Approved Scholarship Courses) Amendment Determination 2023 instructs to repeal and substitute section 6.
This amendment repeals the section heading but does not replace it.
This compilation was editorially changed to reinsert the section 6 heading and give effect to the misdescribed amendment as intended.