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Higher Education Funding Act 1988
No. 2, 1989
In force
Administered by
Department of Education
Superseded version
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C2016C00171 C52
05 March 2016
-
13 October 2024
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Chapter 1—Introductory
1 Short title
2 Commencement
2A Objects of Act
3 Definitions
4 Institutions
5 References to payments and Acts
6 Proposed institutions
7 Provision for superannuation, long service leave or workers’ compensation
8 Special fund for Table A institutions
8A Special fund for Table B institutions
9 Making and variation of determinations etc.
10 References to the Australian Capital Territory and the Northern Territory
11 Application of the Criminal Code
Chapter 2—Grants for Higher Education Assistance
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Part 2.1—Preliminary
12 Institutions to which provisions apply
13 Undergraduate and post graduate fees
14 Educational profiles
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Part 2.2—Operating and other grants
15 Grants for expenditure for operating purposes
16 Grants for expenditure for limited operating purposes
17 Maximum grants
18 Conditions of grants
19 Grants for restructuring and rationalisation programs
20 Grants for superannuation expenses
20A Grants for special purposes
20B Grant to Marcus Oldham College
21 Proposals and grants for projects of national priority etc.
21A Conditions on certain grants under section 21
21B Grants in relation to innovation in, or quality of, higher education
22 Promotion of equality of opportunity
22A Grants to open learning organisations
23 Special research assistance
23A Grants for advanced engineering centres
23B Conditions of grants for advanced engineering centres
23BA Grants to co operative multimedia centres
23C Limit on total funds available for certain grants
24 Grants in respect of teaching hospitals
25 Grants in respect of drug and alcohol education in teaching hospitals
25A Grants to support student organisations—payments to institutions
25B Grants to support student organisations—direct payments
26 Guidelines for non building capital projects
27 Guidelines for special capital projects
27A Grants for special capital projects
27B Minister may give directions in relation to special capital projects
27C Conditions attaching to special capital grants
27D Expenditure on international marketing and promotion
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Part 2.4—Transitional
28 Adjustments where estimated 1988 enrolments not equal to actual enrolments
Chapter 4—Higher Education Contribution Scheme
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Part 4.1—Preliminary
34 Interpretation
35 Exempt students
36 Student load not to include work experience in industry
37 Semesters
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Part 4.2—Contributions
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Division 1—Additional condition of grant of financial assistance
38 Additional condition
Division 2—Imposition and payment of contributions
39 Requirement to pay contributions
40 Annual course contribution
40A Annual Band amounts that apply from 1997
41 Requirements before enrolment or undertaking course
41A Institutions to give students certain information on enrolment
41B Certain students to give tax file number information by census date
41C Student must be excluded from course if tax file number information not provided
42 Power of Commissioner to inform institution concerning tax file number
42A Institution to cancel enrolment of student without tax file number
43 Application for issue or notification of tax file number
44 Issuing of tax file numbers
45 Current tax file number
46 Deemed refusal by Commissioner
47 Cancellation of tax file numbers
48 Alteration of tax file numbers
49 Notification of issued tax file numbers
50 Review of decisions
51 Statements to accompany notification of decisions
52 Unauthorised requirement etc. that tax file number be quoted
53 Unauthorised recording etc. of tax file number
54 Notice by institution
55 Requests for correction of notices
56 Overpayment of contribution
56A Institution to refund student payment if enrolment cancelled under section 41C
56B Institution to refund student payment if enrolment cancelled under section 42A
56C Electronic communications from students to institutions
56D Electronic signature of communications by students
56E Electronic communications from institutions to students
Division 3—Discharge by Commonwealth of students’ liabilities for contributions
57 Commonwealth to discharge students’ liabilities
58 Institutions to provide information to Minister
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Part 4.4—Repayment of loans
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Division 5—Miscellaneous
78 Secrecy
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Part 4.5—Abolition of Higher Education Administration Charge
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Division 4—Canberra Institute of the Arts
96 Charges not to be imposed
Chapter 4A—Post graduate education loan scheme
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Part 4A.1—Preliminary
98A Definitions
98AA Eligible private institution
98B Eligible student
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Part 4A.2—Additional condition of grant of financial assistance
98C Additional condition
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Part 4A.3—Applications for and grants of PELS loans
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Division 1—Application for PELS loan
98D Making an application for a PELS loan
98E Tax file number of student
98F Notice by institution
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Division 2—Discharge by Commonwealth of students’ liability for fees
98G Commonwealth to discharge students’ liabilities
98H Commonwealth not liable where person does not have a tax file number
98J Institution to provide information to Minister about post graduate students
98JA Eligible private institution to report information
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Part 4A.4—Miscellaneous
98K Secrecy
98L Annual statement
98M Electronic communications between students and institutions
Chapter 4B—Bridging for overseas trained professionals (BOTP) loan scheme
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Part 4B.1—Introduction
98N Simplified outline
98NA No financial assistance payable
98P Definitions
98Q Occupation
98R Requirements for entry to occupation
98S Listed professional occupations and relevant assessing bodies
98T Assessment statement given by relevant assessing body
98U BOTP course
98V Citizenship/residency requirements
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Part 4B.2—Additional condition of grant of financial assistance
98W Additional condition
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Part 4B.3—Applications for, and grants of, BOTP loans
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Division 1—Application for BOTP loan
98X Making an application for a BOTP loan
98Y Tax file number of student
98Z Notice by institution
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Division 2—Discharge by the Commonwealth of students’ liability for fees
98ZAA Application of Division
98ZA Commonwealth to discharge students’ liabilities
98ZB Commonwealth not liable where person does not have a tax file number
98ZC Institution to provide information to Minister
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Part 4B.4—Miscellaneous
98ZD Secrecy
98ZE Annual statement
98ZF Electronic communications between students and institutions
Chapter 5—Open Learning Deferred Payment Scheme
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Part 5.1—Preliminary
99 Interpretation
100 Object of Part
101 Eligible clients
103 Standard study load
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Part 5.2—Charges
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Division 1—Payment of basic charges
104 Basic charge
105 Eligible client may join deferred payment scheme
106A Tax file number of eligible client
106AA Agency to notify Minister where tax file number not provided
106AB Commonwealth not liable where client does not have a tax file number
106B Notice by Agency
106C Requests for correction of notices
106CA Electronic communications between clients and Agency
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Division 2—Discharge by Commonwealth of clients’ liability for basic charges
106D Commonwealth to discharge clients’ liabilities
106E Agency to provide information to Minister
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Part 5.3—Miscellaneous
106F Secrecy
106FA Annual statement
Chapter 5A—Repayment of loans made under Chapters 4, 4A, 4B and 5
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Part 5A.1—Preliminary
106H Interpretation
106I Object of Part
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Part 5A.2—Nature of indebtedness
106J HEC semester debt
106JA PELS semester debt
106JB BOTP semester debt
106K OL study period debt
106KA Semester debts do not arise after 1 January 2005
106L Power of Secretary to remit debt in special circumstances
106M Reconsideration of decision and appeal to Administrative Appeals Tribunal
106MA Further review of reconsideration decision concerning remission of semester debt
106N Calculation of accumulated HEC debt
106O Accumulated HEC debt discharges earlier debts
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Part 5A.3—Discharge of Indebtedness
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Division 1—Voluntary discharge of indebtedness
106P Voluntary payments in respect of debts
106PA Repayment of debt under this Chapter
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Division 1A—Voluntary repayments of accumulated HEC debt
106PB Notice to Commissioner
106PC Voluntary payments in respect of accumulated HEC debt
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Division 2—Requirement to discharge indebtedness
106Q Compulsory payments in respect of accumulated HEC debt
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Division 3—Returns and assessments
106R Agency etc. to provide information to Commissioner
106T Assessment
106U Application of tax legislation
106V Notification on notices of assessment of tax
106W Power of Commissioner to defer assessment or reduce assessment to nil
106X Review of decision of Commissioner
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Division 4—Miscellaneous
106Y Application of payments
106YA Effect of bankruptcy
106Z Indebtedness discharged by death
106ZA Secrecy
Chapter 5B—Limit on student debt to Commonwealth
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Part 5B.1—Preliminary
106ZB Definitions
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Part 5B.2—Additional condition of grant of financial assistance
106ZC Additional condition
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Part 5B.3—Maximum permitted debt
106ZD Minister may determine maximum permitted debt
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Part 5B.4—Loan limit notices
106ZE Commissioner to give loan limit notice
106ZF Cancelling loan limit notice
106ZG Consequences of loan limit notice—no amounts payable by Commonwealth
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Part 5B.5—Suspension notices
106ZH Commissioner must give suspension notice
106ZJ Consequences of suspension notice—HECS courses
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Part 5B.6—Secrecy
106ZK Secrecy
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Chapter 6—Miscellaneous
107 Benefits of, and opportunities created by, grants to be equally available to female and male students
108 Additional conditions
109 Amendments affecting entitlements to grants
110 Legislative instruments
110A Transitional financial assistance
110B Commonwealth not liable where person later gives correct information
111 Time and manner of payments
112 Delegation
112A Application of the Taxation Administration Act 1953
113 Advances
115 Authority to borrow
116 Application of money borrowed
118 Appropriation
119 Report by Minister
120 Regulations
Schedule 1—Institutions or bodies eligible for special research assistance
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
