Higher Education Funding Act 1988

In force

Administered by

Department of Education

Superseded version

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C2016C00171 (C52)

05 March 2016 - 13 October 2024

Table of contents

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
Part 2.1—Preliminary
- 12 Institutions to which provisions apply
- 13 Undergraduate and post graduate fees
- 14 Educational profiles
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
Part 2.4—Transitional
- 28 Adjustments where estimated 1988 enrolments not equal to actual enrolments
Chapter 4—Higher Education Contribution Scheme
Part 4.1—Preliminary
- 34 Interpretation
- 35 Exempt students
- 36 Student load not to include work experience in industry
- 37 Semesters
Part 4.2—Contributions
- 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
Part 4.4—Repayment of loans
- Division 5—Miscellaneous
  - 78 Secrecy
Part 4.5—Abolition of Higher Education Administration Charge
- Division 4—Canberra Institute of the Arts
  - 96 Charges not to be imposed
Chapter 4A—Post graduate education loan scheme
Part 4A.1—Preliminary
- 98A Definitions
- 98AA Eligible private institution
- 98B Eligible student
Part 4A.2—Additional condition of grant of financial assistance
- 98C Additional condition
Part 4A.3—Applications for and grants of PELS loans
- Division 1—Application for PELS loan
- Division 2—Discharge by Commonwealth of students’ liability for fees
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
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
Part 4B.2—Additional condition of grant of financial assistance
- 98W Additional condition
Part 4B.3—Applications for, and grants of, BOTP loans
- Division 1—Application for BOTP loan
- Division 2—Discharge by the Commonwealth of students’ liability for fees
Part 4B.4—Miscellaneous
- 98ZD Secrecy
- 98ZE Annual statement
- 98ZF Electronic communications between students and institutions
Chapter 5—Open Learning Deferred Payment Scheme
Part 5.1—Preliminary
- 99 Interpretation
- 100 Object of Part
- 101 Eligible clients
- 103 Standard study load
Part 5.2—Charges
- Division 1—Payment of basic charges
- Division 2—Discharge by Commonwealth of clients’ liability for basic charges
  - 106D Commonwealth to discharge clients’ liabilities
  - 106E Agency to provide information to Minister
Part 5.3—Miscellaneous
- 106F Secrecy
- 106FA Annual statement
Chapter 5A—Repayment of loans made under Chapters 4, 4A, 4B and 5
Part 5A.1—Preliminary
- 106H Interpretation
- 106I Object of Part
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
Part 5A.3—Discharge of Indebtedness
- Division 1—Voluntary discharge of indebtedness
  - 106P Voluntary payments in respect of debts
  - 106PA Repayment of debt under this Chapter
- Division 1A—Voluntary repayments of accumulated HEC debt
  - 106PB Notice to Commissioner
  - 106PC Voluntary payments in respect of accumulated HEC debt
- Division 2—Requirement to discharge indebtedness
  - 106Q Compulsory payments in respect of accumulated HEC debt
- Division 3—Returns and assessments
- Division 4—Miscellaneous
Chapter 5B—Limit on student debt to Commonwealth
Part 5B.1—Preliminary
- 106ZB Definitions
Part 5B.2—Additional condition of grant of financial assistance
- 106ZC Additional condition
Part 5B.3—Maximum permitted debt
- 106ZD Minister may determine maximum permitted debt
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
Part 5B.5—Suspension notices
- 106ZH Commissioner must give suspension notice
- 106ZJ Consequences of suspension notice—HECS courses
Part 5B.6—Secrecy
- 106ZK Secrecy
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
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history

Federal Register of Legislation

New features, 29 May 2025 update

Higher Education Funding Act 1988

New features, 29 May 2025 update

Higher Education Funding Act 1988

Legislation text