Document ID: chunk:federal_register_of_legislation:C2006A00121:clause:3_13
Version: federal_register_of_legislation:C2006A00121
Segment Type: clause
Provision Reference: sch 3 cl 13
Character Range: 12326–14637

13  Saving provision for determinations of student contribution amounts for student cohorts

(1) This item applies to a determination (the saved determination) made by a higher education provider under section 19‑88 of the Higher Education Support Act 2003 before that section was repealed by this Schedule.

(2) Section 19‑97 of the Higher Education Support Act 2003 continues to apply in relation to the saved determination despite the repeal of that section by this Schedule.

(3) The definition, in subsection 93‑5(1) of the Higher Education Support Act 2003, of a person's student contribution amount for a unit is modified, if:
 (a) the person is in the student cohort to which the saved determination relates; and
 (b) the saved determination has not been revoked under subitem (4); and
 (c) the unit forms part of a course of study with the provider who made the saved determination; and
 (d) the person is undertaking the unit with the provider; and
 (e) the person satisfies any conditions that apply to the cohort under the saved determination;
so that the person's student contribution amount for a place in the unit is the student contribution amount for the unit specified in the saved determination.

(4) The provider may revoke the saved determination if the provider:
 (a) does so:
 (i) before the date set out in the Higher Education Provider Guidelines; and
 (ii) in the circumstances (if any) specified in the Higher Education Provider Guidelines; or
 (b) does so with the written approval of the Minister.

(5) From the time the provider revokes the saved determination, a determination in effect under section 19‑87 starts to apply, according to its terms, to the students who were in the cohort.

(6) Before revoking the saved determination, the provider must notify the students who are in the cohort of the provider's intention to revoke the determination.

(7) The Higher Education Provider Guidelines made under the Higher Education Support Act 2003 may provide for matters:
 (a) required or permitted by this item to be provided; or
 (b) necessary or convenient to be provided in order to carry out or give effect to this item.

(8) Expressions used in this item that are defined in the Higher Education Support Act 2003 have the same meaning in this item as they have in that Act.