Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Higher Education Legislation Amendment (2007 Measures No. 1) Bill 2007

Schedule 3 Corrections to information affecting entitlements

   

Higher Education Funding Act 1988

1  After section 110A

Insert:

110B   Commonwealth not liable where person later gives correct information

                   Despite any other provision of this Act, the Commonwealth is not, and is taken never to have been, liable to:

                     (a)  lend an amount to a person under this Act; or

                     (b)  apply any amount in making a payment to an institution under this Act in discharge of a liability of the person;

because of information given to an institution by the person after the commencement of section 1 to the Higher Education Legislation Amendment (2007 Measures No. 1) Act 2007 .

Higher Education Support Act 2003

2  At the end of Division 169

Add:

169-35   6 week cut off for corrections affecting entitlement to Commonwealth assistance

                   If:

                     (a)  more than 6 weeks after the * census date for a unit of study undertaken with a higher education provider, a person gives the provider information in writing (the correct information ) that establishes that information contained in or accompanying the person’s * request for Commonwealth assistance was incorrect; and

                     (b)  the correct information establishes that the person was entitled to a particular kind of Commonwealth assistance;

this Act applies as if the person had never been entitled to that particular Commonwealth assistance.

Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003

3  After subitem 1(2) of Schedule 1

Insert:

(2A)     A person cannot establish for the purposes of subitem (1) that he or she is a contributing student within the meaning of Chapter 4 of the Higher Education Funding Act 1988 , or not an excepted student, more than 6 weeks after the census date for the unit.

4  Item 6 of Schedule 1

Before “If:”, insert “(1)”.

5  At the end of item 6 of Schedule 1

Add:

(2)       A person cannot establish for the purposes of subitem (1) that he or she is an eligible student, within the meaning of section 98B of the Higher Education Funding Act 1988 , more than 6 weeks after the census date for the unit.

6  Application

The amendments made by items 2 to 5 apply in relation to a * census date that occurs on or after the commencement of this item.