Higher Education Funding Act 1988 (Cth)

Higher Education Funding Act 1988

No. 2, 1989

Compilation No. 54

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Higher Education Funding Act 1988 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

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 98D Making an application for a PELS loan 98E Tax file number of student 98F Notice by institution 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 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 98X Making an application for a BOTP loan 98Y Tax file number of student 98Z Notice by institution 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 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 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 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 Review 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 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 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 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