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MARITIME COLLEGE AMENDMENT ACT 1987 No. 126, 1987 - SECT 4

Higher education administration charge
4. Section 32A of the Principal Act is amended:
(a) by omitting from paragraph (a) of the definition of "relevant enrolment"
in subsection (1) "1984" and substituting "1987";
(b) by omitting from paragraph (b) of the definition of "relevant enrolment"
in subsection (1) "(ca) of the definition of 'fees' in subsection 3 (1) of the
States Grants (Tertiary Education Assistance) Act 1984" and substituting "(d)
of the definition of 'fees' in subsection 3 (1) of the
States Grants (Tertiary Education Assistance) Act 1987";

   (c)  by omitting paragraph (c) of the definition of "relevant enrolment" in
        subsection (1);
(d) by omitting paragraph (d) of the definition of "relevant enrolment" in
subsection (1) and substituting the following paragraph:

"(d) the enrolment of:

        (i)    a person who at any time in that year has been in receipt of a
               pension, benefit or allowance from the Commonwealth, being a
               person specified for the purposes of subparagraph (c) (i) of
               the definition of 'relevant enrolment' in subsection 3 (1) of
               the States Grants (Tertiary Education  Assistance) Act 1987 ;
               or

        (ii)   a person who at any time in that year has been the spouse of,
               and dependent on, another person specified for the purposes of
               subparagraph (c) (i) and subparagraph (c) (ii) of the
               definition of 'relevant enrolment' in subsection 3 (1) of that
               Act;";

   (e)  by inserting in paragraph (e) of the definition of "relevant
        enrolment"
in subsection (1) "or exemption was provided" after "imposed";

   (f)  by inserting in subsection (1) the following definitions:

" 'charge' means higher education administration charge;
'relevant date' means a date specified by the Minister by notice published in
the Gazette;";

   (g)  by omitting subsection (2) and substituting the following subsections:

"(2) The College shall, in relation to the year commencing on 1 January 1987
and each subsequent year, impose in respect of that year an amount of charge
as provided by this section in respect of each student liable to charge.

"(2A) Subject to this section, the student is liable to charge if:

   (a)  the student becomes enrolled, by a relevant enrolment, at the College
        during the year; or

   (b)  is undertaking a course or part of a course at the College at a
        relevant date in the year, although not enrolled at the College.

"(2B) Subject to this section, the student is liable to charge under
subsection (2A):

   (a)  if paragraph (2A) (a) applies-on the date of enrolment; or

   (b)  if paragraph (2A) (b) applies-on the relevant date referred to in that
        paragraph.

"(2C) A student is not liable to charge on a date in the year if the student
has become liable to charge on an earlier date in the year in respect of the
College.

"(2D) A student is not liable to charge under paragraph (2A) (b) in respect of
the College where the student would be a person of a kind referred to in
paragraph (b) or (d) of the definition of 'relevant enrolment' in subsection
(1) if the student were enrolled at the College.

"(2E) Where:

   (a)  at any time during the year, a student would be liable to charge in
        respect of the College but is not liable because the student is a
        person of a kind referred to in paragraph (b) or (d) of the definition
        of 'relevant enrolment' in subsection (1); and

   (b)  at a later time in the year, the student is not such a person;
the student is not liable to charge in respect of the College in that year.

"(2F) The amount of charge to which a student becomes liable in the year is
the amount of charge in respect of a relevant enrolment in the year determined
under section 4D of the States Grants (Tertiary Education  Assistance) Act
1984 .";

   (h)  by omitting from subsection (3) "higher education administration"; and

   (j)  by adding at the end of subsection (4) "except where that course is of
        less than 12 months' duration and the person undertakes that course
        continuously". 


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