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:
"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.
"annual financial reporting period" has the meanings given by subsection 19-10(3) and subclause 15(3) of Schedule 1A.
"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 .
"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 Qualifications Framework Register" means the Register:
(a) that is called the Register of Recognised Education Institutions and Authorised Accreditation Authorities in Australia; and
(b) that is maintained by the advisory board to the * Australian Qualifications Framework.
"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 .
"AWE" has the meaning given by subsection 154-25(2).
"basic grant amount" has the meaning given in section 33-5.
"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 section 169-25; and
(ii) if the student undertaking the unit has accessed it through Open Universities Australia--the date determined under subsection 104-4(5); and
(b) for a * VET unit of study for a year, means the date determined under clause 67 of Schedule 1A.
"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .
"Commissioner" means the Commissioner of Taxation.
"Commonwealth contribution amount" means an amount specified in section 33-10.
"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; 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.
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 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 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.
"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.
"designated courses of study" 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" , of a unit of study, has the meaning given by section 169-28.
"electronic communication" has the meaning given by the Electronic Transactions Act 1999 .
"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
(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.
"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 balance" has the meaning given by section 104- 15.
"FEE-HELP debt" has the meaning given by section 137-10.
"FEE-HELP limit" has the meaning given by section 104-20.
"financial viability requirements" are the requirements set out in Subdivision 19-B.
"former accumulated HELP debt" has the meaning given by section 140-5.
"funding clusters" has the meaning given by section 30- 15.
"HECS-HELP assistance" means assistance payable under Part 3-2.
"HECS-HELP benefit" means a benefit for an * income year that:
(a) if a * compulsory repayment amount is required to be paid--has the effect of reducing the amount actually payable for that year; and
(b) if a compulsory repayment amount is not required to be paid--reduces a person's * accumulated HELP debt for that year.
"HECS-HELP debt" has the meaning given by section 137-5.
"HECS-HELP discount" has the meaning given by subsection 96-5(4).
"HELP debt" has the meaning given by section 137-1.
"HELP debt indexation factor" has the meaning given by section 140-10.
"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 specified as a higher education award under the * Australian Qualifications Framework.
"higher education provider" has the meaning given by section 16-1.
"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.
"indexation period" has the meaning given by subsection 198-20(7).
"index number" :
(a) for the purposes of Part 4-1, has the meaning given by section 140- 15; and
(b) for the purposes of Part 5-6, has the meaning given by section 198-20.
"information system" has the meaning given by the Electronic Transactions Act 1999 .
"listed professional occupation" has the meaning given by section 104-60.
"listed provider" has the meaning given by section 16-10.
"maximum basic grant amount" has the meaning given by subsection 30-27(1).
"maximum OS-HELP amount" has the meaning given by section 121-5.
"maximum student contribution amount for a place" has the meaning given by subsection 93-10(1).
"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.
"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 amount" means an amount determined 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-designated courses of study" means * courses of study other than * designated courses of study.
"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 under section 30-10 in relation to a * funding cluster--the number allocated under that section in relation to that funding cluster; or
(b) in relation to the provision of a number of Commonwealth supported places--the number worked out under section 33-30.
"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 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).
"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).
"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.
"qualified auditor" means:
(a) the Auditor-General of a State, of the Australian Capital Territory or of the Northern Territory; or
(b) a person registered as a company auditor or a public accountant under a law in force in a State, the Australian Capital Territory or the Northern Territory; or
(c) a member of the Institute of Chartered Accountants in Australia, or of the Australian Society of Certified Practising Accountants; or
(d) a person approved by the Minister in writing as a qualified auditor for the purposes of this Act.
"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.
"reference period" has the meaning given by subsection 154-25(3).
"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 .
"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.
"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--has the meaning given by subsection 126-1(2); 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.
"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 .
"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.
"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.
"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
(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 services and amenities fee" has the meaning given by subsection 19-37(5).
"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 .
"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.
"tuition assurance requirements" means the requirements set out in section 16-30.
"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.
"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" , in relation to a unit of study, has the meaning given by section 93- 15 or 107-5.
"up-front VET payment" has the meaning given by subclause 53(1) of Schedule 1A.
"VET Administration Guidelines" means the VET Administration Guidelines made under clause 99 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 Implementation Handbook.
"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 diploma, a * VET advanced diploma, a * VET graduate diploma or a * VET graduate certificate.
"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 Implementation Handbook.
"VET fairness requirements" means the requirements set out in Subdivision 4-D 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-HELP Guidelines" means the VET FEE-HELP Guidelines made under clause 99 of Schedule 1A.
"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 Implementation Handbook.
"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 Implementation Handbook.
"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 Provider Guidelines" means the VET Provider Guidelines made under clause 99 of Schedule 1A.
"VET quality and accountability requirements" means the meaning given by subclause 13(1) 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 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) for the unit that applies to the person.
"VET Tuition Fee Guidelines" means the VET Tuition Fee Guidelines made under clause 99 of Schedule 1A.
"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.
(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 .