Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(a) the enrolment of a person in a course of technical and further education within the meaning of the States Grants (Tertiary Education Assistance) Act 1987 ;
(b) the enrolment of a person who is an overseas student within the meaning of the Overseas Students Charge Act 1979 to undertake such a course or part of such a course where the Institute imposes a fee of the kind referred to in paragraph 40 (2) (f);
(c) the enrolment of—
(i) a person who at any time in that year has been in receipt of a pension, benefit or allowance from the Commonwealth, being a person specified for the purposes of subparagraph (c) (i) of the definition of “relevant enrolment” in subsection 3 (1) of the States Grants (Tertiary Education Assistance) Act 1987 ; or
(ii) a person who at any time in that year has been the spouse of, and dependent on, another person specified for the purposes of subparagraph (c) (i) and subparagraph (c) (ii) of the definition of “relevant enrolment” in subsection 3 (1) of that Act;
(d) the enrolment of a person to undertake part of such a course during a year where that enrolment is required for the purposes of another course being undertaken by that person at another tertiary education institution, being another course in respect of which an amount of higher education administration charge was imposed or exemption was provided in respect of that year; or
(e) the enrolment of a person to undertake such a course where the Institute provides a scholarship for the person to undertake that course, being a scholarship that entitles the person to an amount by way of living allowance of at least $1,000 per annum, not including any amount payable in respect of the person's dependants.
(2) The Institute shall, in relation to the year commencing on 1 January 1988 and each subsequent year, impose in respect of that year an amount of charge as provided by this section in respect of each student liable to charge.
(3) Subject to this section, a student is liable to charge if the student—
(a) becomes enrolled, by a relevant enrolment, at the Institute during the year; or
(b) is undertaking a course or part of a course at the Institute at a relevant date in the year, although not enrolled at the Institute.
(4) Subject to this section, the student is liable to charge under subsection (3)—
(a) if paragraph (3) (a) applies—on the date of enrolment; or
(b) if paragraph (3) (b) applies—on the relevant date referred to in that paragraph.
(5) A student is not liable to charge on a date in the year if the student has become liable to charge on an earlier date in the year in respect of the Institute.
(6) A student is not liable to charge under paragraph (3) (b) in respect of the Institute where the student would be a person of a kind referred to in paragraph (b) or (c) of the definition of “relevant enrolment” in subsection (1) if the student were enrolled at the Institute.
(7) Where—
(a) at any time during the year, a student would be liable to charge in respect of the Institute but is not liable because the student is a person of a kind referred to in paragraph (b) or (c) of the definition of “relevant enrolment” in subsection (1); and
(b) at a later time in the year, the student is not such a person;
the student is not liable to charge in respect of the Institute in that year.
(8) The amount of charge to which a student becomes liable in the year is the amount of charge in respect of a relevant enrolment in the year determined under section 4D of the States Grants (Tertiary Education Assistance) Act 1984 .
(9) Where a person who is required to pay an amount of charge in respect of the enrolment of the person to undertake a course of study or instruction or part of a course of study or instruction at the Institute in respect of a year fails to pay that amount to the Institute before the final payment day for that course or that part of that course in that year, the person shall, unless the Board otherwise determines, cease to be enrolled to undertake that course or that part of that course during that year.
(10) For the purposes of this section, where the enrolment of a person to undertake a course of study or instruction at the Institute entitles the person to undertake a part of that course in more than 1 year, the person shall be deemed to become enrolled to undertake that course in respect of each year in which the person undertakes a part of that course except where that course is of less than 12 months' duration and the person undertakes that course continuously.
(11) The reference in subsection (9) to the final payment day for a course or a part of a course in a year is a reference to such day during that year as is determined by the Board in relation to that course or that part of that course.