Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: Section 1 - 10 describes how asterisks are used to identify terms that are defined in this Act.
(1) In this Act, unless the contrary intention appears:
"ABS Remoteness Structure" means the Remoteness Structure described in:
(a) the document titled "Australian Statistical Geography Standard (ASGS): Volume 5--Remoteness Structure, July 2016", published by the Australian Statistician, as amended from time to time; or
(b) the most recent replacement of the document referred to in paragraph (a) that is published by the Australian Statistician, as amended from time to time.
Note: The Australian Statistical Geography Standard (ASGS): Volume 5--Remoteness Structure, July 2016 could in 2019 be viewed on the Australian Bureau of Statistics website (https://www.abs.gov.au).
"academic freedom" means the following:
(a) the freedom of academic staff to teach, discuss, and research and to disseminate and publish the results of their research;
(b) the freedom of academic staff and students to engage in intellectual inquiry, to express their opinions and beliefs, and to contribute to public debate, in relation to their subjects of study and research;
(c) the freedom of academic staff and students to express their opinions in relation to the higher education provider in which they work or are enrolled;
(d) the freedom of academic staff to participate in professional or representative academic bodies;
(e) the freedom of students to participate in student societies and associations;
(f) the autonomy of the higher education provider in relation to the choice of academic courses and offerings, the ways in which they are taught and the choices of research activities and the ways in which they are conducted.
"accelerator program course" has the meaning given by subsection 128B - 25(1).
"accelerator program course fee" has the meaning given by subsection 19 - 92(3).
"accredited course" means a * course of study (other than an * enabling course) that:
(a) if a * registered higher education provider is authorised by or under the * TEQSA Act to self - accredit the course of study--is accredited by the provider; and
(b) otherwise--is accredited by TEQSA.
"accumulated HELP debt" has the meaning given by section 140 - 25.
"additional SLE" means additional SLE that a person has under subsection 73 - 10(1).
"AEA Advisory Board" has the meaning given by section 42 - 10.
"affected unit" , of an * original course, means a unit of study that a student was undertaking as part of a * course of study when a higher education provider * defaulted in relation to the student.
"annual financial reporting period" has the meanings given by subsection 19 - 10(3) and subclause 15(3) of Schedule 1A.
"applicable court" means:
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
"appropriate officer" :
(a) in relation to a higher education provider, has the meaning given by section 187 - 2; and
(b) in relation to a * VET provider, has the meaning given by clause 81 of Schedule 1A.
"approved form" has the meaning given by section 388 - 50 in Schedule 1 to the Taxation Administration Act 1953 .
"assessed worldwide income" has the meaning given by section 154 - 17.
"assessing body" has the meaning given by section 104 - 55.
"assessing body of a State or Territory" has the meaning given by subsection 104 - 55(3).
"assessment statement" has the meaning given by section 104 - 50.
"Australian branch" , of a * Table C provider, means:
(a) if that provider conducts its higher education operations in Australia through a branch of the body corporate that is listed in Table C in section 16 - 23--that branch; or
(b) otherwise--the body corporate through which that provider conducts its higher education operations in Australia.
"Australian Qualifications Framework" means the framework for recognition and endorsement of qualifications:
(a) that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and
(b) that is to give effect to agreed standards in relation to the provision of education in Australia;
as in force from time to time.
"Australian Quality Training Framework" means the arrangements agreed from time to time between the Commonwealth, the States and the Territories to ensure the high quality of vocational education and training (VET) services.
"Australian Statistician" means the Australian Statistician referred to in subsection 5(2) of the Australian Bureau of Statistics Act 1975 .
"Australian university" means a * registered higher education provider:
(a) that, for the purposes of the * TEQSA Act, is registered in a provider category that permits the use of the word "university"; and
(b) that:
(i) is established by or under, or recognised by, a law of the Commonwealth, a State or a Territory; or
(ii) is registered as a company under Part 2A.2 of the Corporations Act 2001 .
"Australia's Economic Accelerator program" means a program specified in the Other Grants Guidelines under which grants for purposes specified in item 14 of the table in subsection 41 - 10(1) are to be paid.
"Australia's Economic Accelerator program information" has the meaning given by section 181 - 10.
"Australia's greenhouse gas emissions reduction targets" means:
(a) if:
(i) Australia's current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and
(ii) that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement;
the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022 ; or
(b) in any other case--the greenhouse gas emissions reduction targets included in:
(i) Australia's current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or
(ii) if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement--that nationally determined contribution, as adjusted and in force from time to time.
"bridging course for overseas-trained professionals" has the meaning given by section 104 - 45.
"census date" :
(a) for a unit of study for a year, means:
(i) if the student undertaking the unit has not accessed it through * Open Universities Australia--the date determined under subsection 169 - 25(1); and
(ii) if the student undertaking the unit has accessed it through Open Universities Australia--the date determined under subsection 104 - 4(5); and
(aa) for an * accelerator program course for a period ascertained in accordance with the Administration Guidelines, means the date determined for that period under subsection 169 - 25(1A); and
(b) for a * VET unit of study for a year, means the date determined under clause 67 of Schedule 1A.
"census day" , for a course or a part of a course, has the same meaning as in the VET Student Loans Act 2016 .
"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .
"civil penalty provision" :
(a) other than in Schedule 1A--has the same meaning as in the Regulatory Powers Act; and
(b) in Schedule 1A--means each of the following clauses or subclauses of that Schedule:
(i) subclauses 39DB(1) and (2);
(ii) subclauses 39DC(1) and (2);
(iii) clause 39DE;
(iv) subclause 39DF(1);
(v) subclause 39DG(1);
(vi) subclauses 39DH(1) and (2);
(vii) subclauses 39DI(1) and (2);
(viii) clauses 39DJ, 39DK and 39DL.
"Commissioner" means the Commissioner of Taxation.
"Commonwealth contribution amount" means an amount specified in subsection 33 - 10(1).
"Commonwealth officer" has the meaning given by subsection 179 - 15(2).
"Commonwealth scholarship" means a scholarship payable under Part 2 - 4.
"Commonwealth supported student" has the meaning given by section 36 - 5.
"compact and academic freedom requirements" are the requirements set out in Subdivision 19 - G.
"compliance requirements" are the requirements set out in Subdivision 19 - E.
"compulsory repayment amount" means an amount that:
(a) is required to be paid in respect of an * accumulated HELP debt under section 154 - 1 or 154 - 16; and
(b) is included in a notice of an assessment made under section 154 - 35.
"consent" includes consent that can reasonably be inferred from the conduct of the person concerned.
"contribution and fee requirements" are the requirements set out in Subdivision 19 - F.
"course of study" means:
(a) an * enabling course; or
(b) a single course leading to a * higher education award; or
(c) a course recognised by the higher education provider at which the course is undertaken as a combined or double course leading to 1 or more * higher education awards; or
(d) in Part 3 - 3 and any other provision of this Act, to the extent that the provision applies, or relates, to * FEE - HELP assistance (and without limiting paragraph (a), (b) or (c) of this definition)--a * microcredential course.
Example: An example of a combined or double course covered by paragraph (c) is a course that leads to the higher education awards of Bachelor of Arts and Bachelor of Laws.
"course of study in aviation" : see subsection 128 - 20(2).
"course of study in dentistry" means a * course of study, completion of which would satisfy the minimum academic requirements for registration as a dentist by an authority of a State, a Territory or the Commonwealth, regardless of whether further dentistry study is completed before registration is sought.
"course of study in education" : see section 142 - 5.
"course of study in medicine" means a * course of study, completion of which would allow provisional registration as a medical practitioner by an authority of a State, a Territory or the Commonwealth.
"course of study in veterinary science" means a * course of study, completion of which would satisfy the minimum academic requirements for registration as a veterinary surgeon or veterinary practitioner by an authority of a State, a Territory or the Commonwealth, regardless of whether further veterinary science study is completed before registration is sought.
"covered by a person's Student Learning Entitlement" has the meaning given by subsections 82 - 1(1) and (2) and 82 - 5(2).
"decision maker" :
(a) for a * reviewable decision, means the person listed in column 3 of the table in section 206 - 1, in respect of a decision in column 2 of the table, as the decision maker in respect of that decision; and
(b) for a * reviewable VET decision, means the person listed in column 3 of the table in clause 91 of Schedule 1A, in respect of a decision in column 2 of the table, as the decision maker in respect of that decision.
"default" : see section 166 - 10.
"demand driven higher education course" means a * course of study that:
(a) is undertaken by an * Indigenous person; and
(b) is leading to a * higher education award that is a bachelor degree or bachelor honours degree; and
(c) is not a * designated higher education course.
"Departmental investigator" means a person appointed under subclause 39GA(1) of Schedule 1A.
"dependent child" means a person who is aged under 18 and does not have a spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901 ).
"designated higher education course" has the meaning given by subsection 30 - 12(1).
"domestic student" means a student who is not an * overseas student.
"EFTSL" has the meaning given by section 169 - 27.
"EFTSL value" :
(a) of a unit of study--has the meaning given by subsection 169 - 28(1); or
(b) of an * accelerator program course--has the meaning given by subsection 169 - 28(3A).
"electronic communication" has the meaning given by the Electronic Transactions Act 1999 .
"eligible former permanent humanitarian visa holder" means a person who:
(a) is not a * permanent humanitarian visa holder; and
(b) was previously a permanent humanitarian visa holder; and
(c) is the holder of a visa in a class or subclass of visas specified in a determination under subclause (1A).
"eligible person" has the meaning given by subsection 73 - 5(4).
"eligible scholarship provider" has the meaning given by subsection 46 - 15(3).
"employer contribution amount" , for a unit of study, is the amount that an employer has contributed, towards the cost of the unit, for a student enrolled in the unit under a * restricted access arrangement for the * course of study of which the unit forms a part.
"employer reserved place" means a place, in a * course of study, made available under a * restricted access arrangement for the course.
"enabling course" means a course of instruction provided to a person for the purpose of enabling the person to undertake a course leading to a * higher education award, but does not include:
(a) a course leading to a higher education award; or
(b) any course that the Minister determines is not an enabling course for the purposes of this Act.
"enrolled" :
(a) a person enrolled in a * course of study includes a person undertaking the course of study; and
(aa) a person enrolled in an * accelerator program course includes a person undertaking the accelerator program course; and
(b) a person enrolled in a * VET course of study includes a person undertaking the VET course of study.
"exempt foreign income" has the meaning given by subsection 154 - 5(4).
"exempt student" has the meaning given by section 169 - 20.
"fairness requirements" are the requirements set out in Subdivision 19 - D.
"Federal Register of Legislation" means the Federal Register of Legislation established under the Legislation Act 2003 .
"fee" , for a unit of study for a year:
(a) if the student undertaking the unit has not accessed it through * Open Universities Australia--has the meaning given by section 19 - 102; and
(b) if the student undertaking the unit has accessed it through Open Universities Australia--has the meaning given by subsections 104 - 4(3) and (4).
"FEE-HELP assistance" means assistance payable under Part 3 - 3.
"FEE-HELP debt" has the meaning given by section 137 - 10.
"financial viability requirements" are the requirements set out in Subdivision 19 - B.
"first funding cluster" means the * funding cluster referred to in item 1 of the table in section 30 - 15.
"foreign resident" has the meaning given by subsection 995 - 1(1) of the Income Tax Assessment Act 1997 .
"former accumulated HELP debt" has the meaning given by section 140 - 5.
"funding clusters" has the meaning given by section 30 - 15.
"general interest charge rate" has the same meaning as in section 8AAD of the Taxation Administration Act 1953 .
"grandfathered" Commonwealth contribution amount has the meaning given by subsection 33 - 10(2).
"grandfathered funding cluster part" means:
(a) any part of the * first funding cluster other than the Society and Culture part of that cluster; or
(b) the Social Studies or Behavioural Science subpart of the Society and Culture part of the first funding cluster; or
(c) any other subpart of the Society and Culture part of the first funding cluster; or
(d) any part of the * second funding cluster.
"grandfathered student" : a person is a grandfathered student if:
(a) any of the following apply in relation to the person:
(i) the person commenced a * course of study (the ongoing course ) with a higher education provider before 1 January 2021 but has not completed the ongoing course immediately before that day;
(ia) the person commenced a course of study (the ongoing course ) with a higher education provider before 1 January 2021 and, on or after that day, the person completes the ongoing course and commences another course of study (the honours course ) that relates to the ongoing course and that is leading to a * higher education award that is an honours degree;
(ii) the person completed a course of study (the earlier course ) with a higher education provider before 1 January 2021 and, on or after that day, the person commences another course of study (the honours course ) that relates to the earlier course and that is leading to a higher education award that is an honours degree;
(iii) the person was undertaking, in 2020, an * enabling course and, on or after 1 January 2021, the person commences another course of study (the later course ) that is leading to a higher education award;
(iv) the person was undertaking, in 2020, a course of study (the UC course ) leading to a higher education award that is an undergraduate certificate and, on or after 1 January 2021, the person commences another course of study (the higher qualification course ) that relates to the UC course and that is leading to a higher education award that is a bachelor degree; and
(b) the person was, at any time before 1 January 2021, a * Commonwealth supported student in relation to a unit of study in the ongoing course, earlier course, enabling course or UC course (as the case may be); and
(d) the later unit of study is one of the following:
(i) part of the ongoing course, honours course, later course or higher qualification course (as the case may be);
(ii) a * replacement unit in relation to an * affected unit of that course;
(iii) part of a * replacement course in relation to that course.
Note 1: An undergraduate certificate is an award conferred by higher education providers under the Australian Qualifications Framework.
Note 2: For the effect of a restructure of an ongoing course (or of a replacement course in relation to an ongoing course), see subclause (1C).
"grant year" has the meaning given by subsection 30 - 25(1).
"HECS-HELP assistance" means assistance payable under Part 3 - 2.
"HECS-HELP debt" has the meaning given by section 137 - 5.
"HELP balance" has the meaning given by section 128 - 15.
"HELP debt" has the meaning given by section 137 - 1.
"HELP debt indexation factor" has the meaning given by section 140 - 10.
"HELP loan limit" has the meaning given by section 128 - 20.
"HELP program" has the meaning given by subsection 180 - 28(6).
"HELP program Commonwealth officer" has the meaning given by subsection 180 - 28(7).
"HELP tuition protection levy" means levy imposed by the Higher Education Support (HELP Tuition Protection Levy) Act 2020 .
"HESA investigator" means a person appointed under subsection 215 - 35(1).
"higher education award" means:
(a) a degree, status, title or description of bachelor, master or doctor; or
(b) an award of graduate diploma or graduate certificate; or
(c) any other award offered or conferred by a higher education provider under the * Australian Qualifications Framework, except an award offered or conferred for completing a * VET course of study.
"higher education course" means a * course of study other than the following:
(a) a course of study that is a * designated higher education course;
(b) a course of study that is a * demand driven higher education course.
"higher education provider" has the meaning given by section 16 - 1.
"higher education provider charge" means charge imposed by the Higher Education Support (Charges) Act 2019 .
" Higher Education Support Act information" has the meaning given by section 180 - 5.
"Higher Education Tuition Protection Director" means the person referred to in section 167 - 15 .
"Higher Education Tuition Protection Fund" means the Fund established by section 167 - 1.
"Higher Education Tuition Protection Fund Advisory Board" means the Board established by section 167 - 30.
"income tax" has the meaning given by subsection 995 - 1(1) of the Income Tax Assessment Act 1997 .
"income tax law" has the meaning given by subsection 995 - 1(1) of the Income Tax Assessment Act 1997 .
"income year" has the meaning given by subsection 995 - 1(1) of the Income Tax Assessment Act 1997 .
"indexation factor" has the meaning given by section 198 - 15.
"index number" :
(a) for the purposes of Parts 4 - 1 and 4 - 2, has the meaning given by clause 2 of this Schedule; and
(b) for the purposes of Part 5 - 6, has the meaning given by section 198 - 20.
"Indigenous person" has the same meaning as in the Indigenous Education (Targeted Assistance) Act 2000 .
"ineligible work experience unit" for a * non - grandfathered student or a * grandfathered student means a unit of study that the student is enrolled in that meets the following conditions:
(a) the unit wholly consists of * work experience in industry;
(b) either:
(i) the student is exempt from paying his or her * student contribution amount in relation to the unit; or
(ii) the unit does not meet the requirements specified by the Administration Guidelines for the purposes of this subparagraph.
"information system" has the meaning given by the Electronic Transactions Act 1999 .
"judicial officer" means:
(a) a magistrate; or
(b) a Judge of a court of a State or Territory; or
(c) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or
(d) a Judge of the Federal Court of Australia.
"lifelong SLE" means lifelong SLE that a person has under subsection 73 - 15(1).
"listed professional occupation" has the meaning given by section 104 - 60.
"listed provider" has the meaning given by section 16 - 10.
"location-preferred HELP debtor (health practitioner)" : see section 144 - 1.
"location-preferred HELP debtor (teacher)" : see section 142 - 1.
"maximum basic grant amount" has the meaning given by section 30 - 27.
"maximum OS-HELP (Asian language study) amount" has the meaning given by section 121 - 15.
"maximum OS-HELP (overseas study) amount" has the meaning given by section 121 - 5.
"maximum student contribution amount for a place" has the meaning given by section 93 - 10.
"Medicare levy" means the Medicare levy imposed by the Medicare Levy Act 1986 .
"meets the tax file number requirements" has the meanings given by section 187 - 1 and clause 80 of Schedule 1A.
"microcredential course" means a course of instruction:
(a) that consists of one or more units of study; and
(b) that meets the requirements specified in the FEE - HELP Guidelines.
"Military Rehabilitation and Compensation Commission" means the Military Rehabilitation and Compensation Commission established by section 361 of the Military Rehabilitation and Compensation Act 2004 .
"minimum OS-HELP (Asian language study) amount" , in relation to a higher education provider, means an amount determined by the provider under section 121 - 20.
"minimum OS-HELP (overseas study) amount" , in relation to a higher education provider, means an amount determined by the provider under section 121 - 10.
"minimum repayment income" has the meaning given by section 154 - 10.
"national priority" has the meaning given by section 30 - 20.
"National Register" has the same meaning as in the National Vocational Education and Training Regulator Act 2011 .
"National VET Regulator" has the same meaning as in the National Vocational Education and Training Regulator Act 2011 .
"non-award basis" : an enrolment in:
(a) a subject or unit that a person may undertake with a higher education provider as part of a * course of study; or
(b) a course of instruction with a higher education provider; or
(c) a tuition and training program with a higher education provider;
is an enrolment on a non - award basis if the unit, course or program is not being undertaken as part of a course of study.
"non-grandfathered student" means a person other than a * grandfathered student.
"non self-accrediting entity" means a body corporate that:
(a) is a * registered higher education provider; and
(b) has no authorisation conferred by or under the * TEQSA Act to self - accredit any * course of study that leads to a * higher education award.
"number of Commonwealth supported places" means:
(a) in relation to an allocation of a number of Commonwealth supported places for a * funding cluster or a * grandfathered funding cluster part--the number of places allocated under section 30 - 10 for that funding cluster or that grandfathered funding cluster part; or
(b) in relation to the provision of a number of Commonwealth supported places in respect of * non - grandfathered students--the number worked out under subsection 33 - 30(1); or
(c) in relation to the provision of a number of Commonwealth supported places in respect of * grandfathered students--the number worked out under subsection 33 - 30(1A).
"NVETR investigator" means a person appointed under subclause 39GA(2) of Schedule 1A.
"NVETR staff member" means a member of the staff of the Regulator (within the meaning of the National Vocational Education and Training Regulator Act 2011 ).
"occupation" includes the meaning given by section 104 - 65.
"officer" has the meaning given by subsection 179 - 15(1).
"officer of a higher education provider" has the meaning given by subsection 179 - 15(3).
"officer of a registered higher education provider" has the meaning given by subsection 179 - 15(3AA).
"officer of a Tertiary Admission Centre" has the meaning given by subsection 179 - 15(3B).
"officer of a VET provider" has the meaning given by subclause 74(3) of Schedule 1A.
"officer of Open Universities Australia" has the meaning given by subsection 179 - 15(3A).
"official employment" has the meanings given by subsection 179 - 15(4) and subclause 74(3) of Schedule 1A.
"Open Universities Australia" means Open Universities Australia Pty Ltd (ACN 053 431 888).
"ordinary SLE" means ordinary SLE that a person has under subsection 73 - 5(1) or (2).
"original course" means a * course of study in relation to which a higher education provider has * defaulted.
"OS-HELP assistance" means assistance payable under Part 3 - 4.
"OS-HELP debt" has the meaning given by section 137 - 15.
"overseas student" means a person who:
(a) is not an Australian citizen; and
(b) is enrolled, or proposes to become enrolled, in:
(i) a * course of study with a higher education provider; or
(ii) a unit of study access to which was provided by * Open Universities Australia;
but does not include:
(c) a person entitled to stay in Australia, or to enter and stay in Australia, without any limitation as to time; or
(d) a New Zealand citizen; or
(e) a diplomatic or consular representative of New Zealand, a member of the staff of such a representative or the spouse, de facto partner (within the meaning of the Acts Interpretation Act 1901 ) or dependent relative of such a representative.
Note: In relation to paragraph (e) of the definition of Overseas student , see also subclause (2).
"Pacific engagement visa holder" means the holder of:
(a) a visa referred to in the regulations made under the Migration Act 1958 as a Subclass 192 (Pacific Engagement) visa; or
(b) a visa of a kind determined under subclause (4).
"Paris Agreement" means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"permanent humanitarian visa holder" means the holder of a visa that is, or has at any time been, defined as a permanent humanitarian visa for the purposes of the regulations made under the Migration Act 1958 .
"permanent visa holder" means the holder of a permanent visa within the meaning of subsection 30(1) of the Migration Act 1958 .
"personal information" has the meaning given by section 179 - 5.
"postgraduate course of study" means a * course of study that:
(a) leads to one or more of the following * higher education awards:
(i) a graduate diploma;
(ii) a graduate certificate;
(iii) a master's degree;
(iv) a doctoral degree; and
(b) does not lead to any other higher education award.
"pre-1 July 2019 VSL debt" has the meaning given by subsection 137 - 19(1).
"provider obligation period" : see subsection 166 - 25(2).
"qualified auditor" means:
(a) a registered company auditor (within the meaning of the Corporations Act 2001 ); or
(d) a person approved by the Minister in writing as a qualified auditor for the purposes of this Act.
"qualifying VET course" means a structured and integrated program of vocational education or vocational training, usually consisting of a number of modules (units of study) or shorter programs, and leading to the award of a * VET diploma, * VET advanced diploma, * VET graduate diploma or * VET graduate certificate.
"quality and accountability requirements" has the meaning given by section 19 - 1.
"quality requirements" are the requirements set out in Subdivision 19 - C.
"quarter" means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
"registered higher education provider" has the same meaning as in the * TEQSA Act.
"registered training organisation" has the same meaning as in the National Vocational Education and Training Regulator Act 2011 .
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"related body corporate" has the meaning given by section 9 of the Corporations Act 2001 .
"Repatriation Commission" means the body corporate continued in existence by section 179 of the Veterans' Entitlements Act 1986 .
"repayable debt" , for an * income year, has the meaning given by section 154 - 15.
"repayment income" has the meaning given by section 154 - 5.
"replacement course" means a * course of study that enables a student to finish:
(a) an * original course; or
(b) a course that is equivalent to an * original course.
"replacement unit" means a unit of study that replaces an * affected unit of an * original course.
"request for Commonwealth assistance" :
(a) in relation to a person enrolling in a unit of study with a higher education provider (where access to the unit is not provided by * Open Universities Australia)--has the meaning given by subsection 36 - 40(3); and
(b) in relation to a person to whom access to a unit of study is provided by Open Universities Australia--has the meaning given by subsection 193 - 1(2C); and
(ba) in relation to a * student services and amenities fee imposed on a person enrolled with a higher education provider in a * course of study or * bridging course for overseas - trained professionals, or an * accelerator program course--has the meaning given by subsection 126 - 1(2); and
(bb) in relation to a person enrolling in an accelerator program course--has the meaning given by subsection 128B - 1(6); and
(c) in relation to a person enrolling in a * VET unit of study has the meaning given by subclause 88(3) of Schedule 1A.
"requirements for entry" , to a * listed professional occupation, has the meaning given by section 104 - 70.
"responsible parent" has the same meaning as in the Australian Citizenship Act 2007 .
"restricted access arrangement" , for a * course of study, means an arrangement:
(a) that was entered into between the higher education provider providing the course and an employer or industry body; and
(b) that limits or restricts enrolments in some or all of the places in the course.
"return" means an income tax return within the meaning of subsection 995 - 1(1) of the Income Tax Assessment Act 1997 .
"reversed" : see the following provisions for when an amount of * STARTUP - HELP assistance that a person received for an * accelerator program course with a higher education provider is reversed :
(a) subsection 128E - 1(2) (special circumstances);
(b) section 128E - 20 (no tax file number);
(c) section 128E - 25 (provider completes request for assistance);
(d) section 128E - 30 (no entitlement);
(e) section 128E - 35 (no assessment of whether academically suited);
(f) section 128 - 40 (provider non - compliance).
"reviewable decision" means a decision listed in the table in section 206 - 1.
"reviewable VET decision" means a decision listed in the table in clause 91 of Schedule 1A.
"reviewer" has the meanings given by section 209 - 1 and clause 94 of Schedule 1A.
"review officer" :
(a) of a higher education provider--has the meaning given by subsection 19 - 50(2); and
(b) of * Open Universities Australia--has the meaning given by subsection 238 - 1(2B); and
(c) of a * VET provider--has the meaning given by subclause 21(2) of Schedule 1A.
"SA-HELP assistance" means assistance payable under Part 3 - 5.
"SA-HELP debt" has the meaning given by section 137 - 16.
"second funding cluster" means the * funding cluster referred to in item 2 of the table in section 30 - 15.
"Secretary" means the Secretary of the Department.
"self-accrediting entity" means a body corporate that:
(a) is a * registered higher education provider; and
(b) is authorised by or under the * TEQSA Act to self - accredit one or more * courses of study that lead to a * higher education award.
"SLE amount" has the meaning given by subsection 73 - 1(2).
"STARTUP-HELP assistance" means assistance payable under Part 3 - 7.
"STARTUP-HELP debt" has the meaning given by section 137 - 17.
"State or Territory VET regulator" means an agency or authority of a State or Territory responsible for regulating vocational education or vocational training in the State or Territory.
"student" means:
(a) a person who is enrolled in a * course of study with a higher education provider, and includes a person who is enrolled in a unit of study access to which was provided by * Open Universities Australia; or
(aa) a person who is enrolled in an * accelerator program course; or
(b) a person who is enrolled in a * VET course of study with a * VET provider.
"student contribution amount" has the meaning given by section 93 - 5.
"student contribution amount for a place" has the meaning given by subsection 93 - 5(1).
"student entry procedure" has the meaning given by subclause 23B(3) of Schedule 1A.
"student identifier" has the same meaning as in the Student Identifiers Act 2014 .
"Student Learning Entitlement" has the meaning given by subsection 73 - 1(1).
"student services and amenities fee" has the meaning given by subsection 19 - 37(5).
"subject to review" : a decision (however described) is subject to review until:
(a) any applicable time limits for applying for a review (however described) or lodging an appeal (however described) of or in relation to the decision have expired; and
(b) if there is such a review or appeal of or in relation to the decision--the review or appeal (and any later reviews or appeals) have been finally disposed of.
"supplementary amount for Asian language study" means a supplementary amount of * OS - HELP assistance included under paragraph 121 - 1(1)(b).
"Table A provider" means a body listed in Table A in section 16 - 15.
"Table B provider" means a body listed in Table B in section 16 - 20.
"Table C provider" means a body listed in Table C in section 16 - 22.
"taxable income" has the meaning given by section 4 - 15 of the Income Tax Assessment Act 1997 .
"tax file number" : a person's tax file number is a number that the * Commissioner has issued to the person and that is either:
(a) a number issued under Part VA of the Income Tax Assessment Act 1936 ; or
(b) a number issued to a person under section 44 or 48 of the Higher Education Funding Act 1988 ; or
(c) a number that the Commissioner notified to the person as the person's income tax file number.
"TEQSA" (short for Tertiary Education Quality and Standards Agency) means the body established by section 132 of the * TEQSA Act.
"TEQSA Act" means the Tertiary Education Quality and Standards Agency Act 2011 .
"TEQSA investigator" means a person appointed under subsection 215 - 35(2).
"Tertiary Admission Centre" means a person, body or organisation that provides services in relation to student admissions and enrolments on behalf of:
(a) higher education providers; or
(b) * VET providers; or
(c) both higher education providers and VET providers.
"total basic grant amount" has the meaning given by section 33 - 5.
"tuition fee" :
(a) in relation to a unit of study access to which is not provided by * Open Universities Australia--has the meaning given by section 19 - 105; and
(b) in relation to a unit of study access to which is provided by Open Universities Australia--means:
(i) if only one fee has been determined for the unit under subsection 104 - 4(2)--that fee; or
(ii) if more than one fee has been determined for the unit under that subsection--the fee determined under that subsection that applies to the person.
"tuition protection requirements" has the meaning given by section 16 - 30.
"undergraduate course of study" means a * course of study that is neither an * enabling course nor a * postgraduate course of study.
"unit of study" means:
(a) a subject or unit that a person may undertake with a higher education provider as part of a * course of study; or
(b) a subject or unit made available by a higher education provider:
(i) access to which was provided by * Open Universities Australia; and
(ii) that a person could undertake as part of a course of study leading to a * higher education award; or
(c) a part of a * bridging course for overseas - trained professionals.
If a higher education provider provides the same such subject or unit in respect of more than one period, the subject or unit is taken to be a different unit of study in respect of each period.
"up-front payment" :
(a) in relation to a unit of study, has the meaning given by section 93 - 15 or 107 - 5; or
(b) in relation to an * accelerator program course, has the meaning given by section 128C - 5.
"Up-front Payments Guidelines" means the guidelines made under section 26B of the * TEQSA Act.
"up-front payments tuition protection levy" means levy imposed by the Higher Education (Up - front Payments Tuition Protection Levy) Act 2020.
"up-front VET payment" has the meaning given by subclause 53(1) of Schedule 1A.
"VET advanced diploma" means a qualification:
(a) at the level of advanced diploma in the Australian Qualifications Framework; and
(b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.
"VET compliance requirements" means the requirements set out in Subdivision 4 - E of Schedule 1A.
"VET course of study" means a structured and integrated program of vocational education or vocational training, usually consisting of a number of modules (units of study) or shorter programs, and leading to the award of a * VET qualification.
"VET credit transfer arrangement" means an arrangement for crediting a * VET unit of study or * VET course of study toward a * higher education award.
"VET diploma" means a qualification:
(a) at the level of diploma in the Australian Qualifications Framework; and
(b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.
"VET fairness requirements" means the requirements set out in Subdivision 4 - D of Schedule 1A.
"VET FEE-HELP account" has the meaning given by clause 45D of Schedule 1A.
"VET FEE-HELP assistance" means assistance payable under Part 2 of Schedule 1A.
"VET FEE-HELP debt" has the meaning given by subsection 137 - 18(1).
"VET fee requirements" means the requirements set out in Subdivision 4 - F of Schedule 1A.
"VET financial viability requirements" means the requirements set out in Subdivision 4 - B of Schedule 1A.
"VET graduate certificate" means a qualification:
(a) at the level of graduate certificate in the Australian Qualifications Framework; and
(b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.
"VET graduate diploma" means a qualification:
(a) at the level of graduate diploma in the Australian Qualifications Framework; and
(b) that meets the guidelines for a VET award as set out in the Australian Qualifications Framework.
"VET Guidelines" means the guidelines made under clause 99 of Schedule 1A.
"VET officer" has the meaning given by subclause 74(1) of Schedule 1A.
"VET personal information" has the meaning given by clause 72 of Schedule 1A.
"VET provider" has the meaning given by clause 4 of Schedule 1A.
"VET qualification" means:
(a) a * VET diploma; or
(b) a * VET advanced diploma; or
(c) a * VET graduate diploma; or
(d) a * VET graduate certificate; or
(e) a qualification specified by the * VET Guidelines.
"VET quality and accountability requirements" has the meaning given by clause 13 of Schedule 1A.
"VET quality requirements" are the requirements set out in Subdivision 4 - C of Schedule 1A.
"VET Regulator" has the same meaning as in the National Vocational Education and Training Regulator Act 2011 .
"VET restricted access arrangement" , for a * VET course of study, means an arrangement:
(a) that was entered into between the * VET provider providing the course and an employer or industry body; and
(b) that limits or restricts enrolments in some or all of the places in the course.
"VET student loan" has the same meaning as in the VET Student Loans Act 2016 .
"VET tuition assurance requirements" means the requirements set out in clause 7 of Schedule 1A.
"VET tuition fee" : a person's VET tuition fee for a * VET unit of study is the fee determined under subclause 27(2) of Schedule 1A for the unit that applies to the person.
"VET unit of study" means a subject or unit that a person may undertake with a * VET provider as part of a * VET course of study. If a VET provider provides the same such subject or unit in respect of more than one period, the subject or unit is taken to be a different VET unit of study in respect of each period.
"voluntary repayment" means a payment made to the * Commissioner in discharge of an * accumulated HELP debt or a * HELP debt. It does not include a payment made in discharge of a * compulsory repayment amount.
"work experience in industry" means work:
(a) that is done as a part of, or in connection with, a * course of study undertaken with a higher education provider; and
(b) in respect of which student learning and performance is not directed by the provider; and
(c) the purpose of which is to obtain work experience relevant to the course of study; and
(d) that meets any other requirements specified in the Administration Guidelines.
(1A) The Minister may, for the purposes of paragraph (c) of the definition of eligible former permanent humanitarian visa holder in subclause (1), make a determination in writing specifying a class or subclass of visas provided for by the Migration Act 1958 or regulations made under that Act.
(1B) A determination under subclause (1A) is a legislative instrument.
(1C) For the purposes of the definition of grandfathered student in subclause (1), if a * course of study covered by subclause (1D) is or was restructured by the provider on or after 1 January 2021, treat the course of study as continuing in existence as the same course of study after the restructure.
(1CA) Without limiting subclause (1C), a * course of study is taken to be restructured by a provider for the purposes of that subclause if the course of study is discontinued by the provider.
(1D) This subclause covers a * course of study that is:
(a) an ongoing course (within the meaning of paragraph (a) of the definition of grandfathered student in subclause (1)); or
(b) a * replacement course in relation to such an ongoing course.
(2) For the purposes of paragraph (e) of the definition of Overseas student in subclause (1), a representative's relatives include (without limitation):
(a) an exnuptial or adoptive child of the representative, or someone of whom the representative is an exnuptial or adoptive child; and
(b) someone who is a child of the representative, or of whom the representative is a child, because of subclause (3); and
(c) relatives traced through relationships referred to in paragraphs (a) and (b).
(3) For the purposes of paragraph (2)(b), one person is the child of another person because of this subclause if he or she is a child of the other person within the meaning of the Family Law Act 1975 .
(4) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (b) of the definition of Pacific engagement visa holder in subclause (1) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister ) that, in the opinion of the Immigration Minister:
(a) the kind of visa has replaced or will replace:
(i) the kind of visa mentioned in paragraph (a) of that definition; or
(ii) a kind of visa previously determined under this subclause; and
(b) the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.
(1) For the purposes of Parts 4 - 1 and 4 - 2, the index number for a * quarter is the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the * Australian Statistician in respect of that quarter.
(2) Subject to subclause (3), if, at any time before or after the commencement of this clause:
(a) the * Australian Statistician has published or publishes an * index number in respect of a * quarter; and
(b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index number for the purposes of this clause.
(3) If, at any time before or after the
commencement of this clause, the * Australian Statistician has changed or
changes the index reference period for the Consumer Price Index, then, in
applying this clause after the change took place or takes place, have regard
only to * index numbers published in terms of the new index reference period.