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Act No. 150 of 2003 as amended, taking into account amendments up to Act No. 83 of 2005
An Act to deal with transitional and consequential matters arising from the enactment of the Higher Education Support Act 2003, and for other purposes
Administered by: DEST
Registered 12 Jul 2005
Start Date 01 Jan 2005
End Date 19 Dec 2005

 

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

Act No. 150 of 2003 as amended

This compilation was prepared on 11 July 2005

[This Act was amended by Act Nos. 45, 114 and 157 of 2004; No. 83 of 2005]

Amendments from Act No. 45 of 2004

[Schedule 3 (items 63 and 64) and Schedule 5 (item 3) amended Item 1 of Schedule 1
Schedule 3 (items 65–70) amended Item 3 of Schedule 1
Schedule 4 (item 1) repealed Part 4 of Schedule 1
Schedule 5 (items 4–6) amended Item 6 of Schedule 1
Schedule 5 (items 7–9) amended Item 11A of Schedule 1
Schedule 5 (item 10) inserted Item 21A of Schedule 1
Schedule 3 (items 63–70), Schedule 4 (item 1) and Schedule 5 (items 3–10) commenced on 21 April 2004]

Amendment from Act No. 114 of 2004

[Schedule 3 repealed and substituted Schedule 1 (item 5)
Schedule 3 commenced on
13 July 2004]

Amendments from Act No. 157 of 2004

[Schedule 2 (item 1) amended Schedule 1 (item 5)
Schedule 2 (item 2) repealed and substituted Schedule 1 (item 9)
Schedule 2 (item 3) added Schedule 1 (item 17A)
Schedule 2 (item 4) amended Schedule 1 (item 20)
Schedule 2 (items 5–7) amended Schedule 1 (item 22A)
Schedule 2 (item 8) added Schedule 1 (item 23A)
Schedule 2 (item 9) amended Schedule 1 (item 24)
Schedule 2 (items 1–8) commenced on 17 December 2004
Schedule 2 (item 9) commenced i
mmediately after 1 January 2004]

Amendment from Act No. 83 of 2005

[Schedule 2 (item 1) amended Paragraph 2(c) of Schedule 1
Schedule 2 (item 1)commenced i
mmediately after 1 January 2004]

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department,
Canberra

  

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 3

4............ Meanings of expressions defined in the Higher Education Support Act 2003         3

Schedule 1—Transitional provisions                                                                            4

Part 1—Transitional arrangement for students under the Higher Education Contribution Scheme  4

Part 2—Transitional arrangement for students under the Post-graduate education loan scheme           8

Part 3—Debts under the Higher Education Funding Act 1988                     10

Part 5—Avondale College                                                                                           13

Part 6—Other transitional provisions                                                                       14

Schedule 2—Amendments                                                                                               21

Part 1—Appropriations                                                                                                21

Higher Education Funding Act 1988                                                                    21

Part 2—Transitional financial assistance                                                                 22

Higher Education Funding Act 1988                                                                    22

Part 2A—HEC repayment thresholds for the 2004-05 year of income    23

Higher Education Funding Act 1988                                                                    23

Part 3—Discontinuance of provisions of the Higher Education Funding Act 1988     24

Higher Education Funding Act 1988                                                                    24

Part 4—The Australian National University                                                          26

Australian National University Act 1991                                                             26

Part 5—Australian Maritime College                                                                       36

Maritime College Act 1978                                                                                     36

Part 6—Marcus Oldham College                                                                             44

Higher Education Funding Act 1988                                                                    44

Part 7—Other amendments                                                                                         45

A New Tax System (Family Assistance) (Administration) Act 1999                45

Bankruptcy Act 1966                                                                                                45

Disability Services Act 1986                                                                                   45

Equal Opportunity for Women in the Workplace Act 1999                               46

Fringe Benefits Tax Assessment Act 1986                                                             46

Higher Education Funding Act 1988                                                                    46

Income Tax Assessment Act 1936                                                                            50

Income Tax Assessment Act 1997                                                                            51

Social Security Act 1991                                                                                          52

Taxation Administration Act 1953                                                                         54

Taxation (Interest on Overpayments and Early Payments) Act 1983             55

Veterans’ Entitlements Act 1986                                                                            56

 


An Act to deal with transitional and consequential matters arising from the enactment of the Higher Education Support Act 2003, and for other purposes

[Assented to 19 December 2003]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

19 December 2003

2.  Section 4

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003.

1 January 2004

3.  Schedule 1

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003.

1 January 2004

4.  Schedule 2, Parts 1 to 3

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003.

1 January 2004

5.  Schedule 2, Part 4

The later of:

(a) 1 July 2004; and

(b) the 28th day after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003.

1 July 2004

6.  Schedule 2, Part 5

The later of:

(a) 1 March 2004; and

(b) the 28th day after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003.

1 March 2004

7.  Schedule 2, Part 6

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003.

1 January 2004

8.  Schedule 2, items 95 to 103

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003.

1 January 2004

9.  Schedule 2, item 104

18 September 2001

18 September 2001

10.  Schedule 2, items 105 to 108

4 April 2002

4 April 2002

11.  Schedule 2, item 109

18 September 2001

18 September 2001

12.  Schedule 2, item 110

4 April 2002

4 April 2002

13.  Schedule 2, item 111

18 September 2001

18 September 2001

14.  Schedule 2, item 112

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003.

1 January 2004

15.  Schedule 2, items 113 to 119A

The later of:

(a) 1 January 2005; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003.

1 January 2005

16.  Schedule 2, items 120 to 169

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003.

1 January 2004

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4  Meanings of expressions defined in the Higher Education Support Act 2003

                   Expressions used in this Act that are defined in the Higher Education Support Act 2003 have in this Act, unless the contrary intention appears, the same meanings as in that Act.


Schedule 1Transitional provisions

Part 1Transitional arrangement for students under the Higher Education Contribution Scheme

1  Student contribution amounts for students under the Higher Education Contribution Scheme

(1)        If:

                     (a)  a person is enrolled with an institution in a unit of study that forms part of a course of study that the person started before 1 January 2005; and

                     (b)  the period over which the person is undertaking the unit ends on or before 31 December 2008; and

                     (c)  the person is a contributing student within the meaning of Chapter 4 of the Higher Education Funding Act 1988; and

                     (d)  the course is a designated course of study within the meaning of that Chapter; and

                      (f)  the person:

                              (i)  is entitled to HECS-HELP assistance for the unit; or

                             (ii)  would be entitled to HECS-HELP assistance for the unit but for paragraph 90-1(a) or (c), or paragraphs 90-1(a) and (c), of the Higher Education Support Act 2003; and

                     (g)  the person has neither:

                              (i)  discontinued his or her enrolment in the course since that commencement (see item 2); nor

                             (ii)  completed the requirements of the course;

then:

                     (h)  if the institution is not (apart from this item) a higher education provider—the institution is taken, for the purposes of the application of the Higher Education Support Act 2003 in relation to the person and the unit, to be a higher education provider; and

                      (i)  if subparagraph (f)(ii) applies and the person is not an excepted student—the person is taken, for the purposes of that Act, to be entitled to HECS-HELP assistance for the unit; and

                      (j)  the person is taken, for the purposes of that Act, to be a Commonwealth supported student in relation to the unit; and

                     (k)  the person’s student contribution amount for the unit is taken, for the purposes of that Act, not to exceed the amount that would be worked out under section 93-5 of that Act if the maximum student contribution amount for a place in the unit were worked out under item 3.

(2)        However, this item does not apply if the person has notified an appropriate officer of the institution, under subsection 36-5(3) of the Higher Education Support Act 2003, that he or she does not wish to be a Commonwealth supported student in relation to the unit.

(3)        In this item:

excepted student has the meaning given by subsection 41(3) of the Higher Education Funding Act 1988.

2  Discontinuance of enrolments

A person is not taken, for the purposes of subparagraph (1)(g)(i) of item 1, to have discontinued his or her enrolment in a course of study merely because:

                     (a)  the person has taken leave of absence from, or has deferred, the course, with the approval of the institution with which the person is undertaking the course; or

                     (b)  the person transfers his or her enrolment in the course to another course of study at the same level with the same or another institution or higher education provider; or

                     (c)  circumstances have occurred that are specified in the guidelines under item 4 as not amounting to a discontinuance of enrolment.

3  Maximum student contribution amounts for places

(1)        If a person to whom item 1 applies started the course of study in question before 1 January 1997, the maximum student contribution amount for a place in the unit is $2,830.

(2)        If a person to whom item 1 applies started the course of study in question on or after 1 January 1997, the maximum student contribution amount for a place in the unit is the amount specified in the following table in relation to the funding cluster in which the unit is included.

 

Maximum amounts for places

Item

Funding clusters

Maximum student contribution amount for a place

1

Law

$6,283

2

Accounting, Administration, Economics, Commerce

$5,367

3

Humanities

$3,768

4

Mathematics, Statistics

$5,367

5

Behavioural Science, Social Studies

$3,768

6

Computing, Built Environment, Health

$5,367

7

Foreign Languages, Visual and Performing Arts

$3,768

8

Engineering, Science, Surveying

$5,367

9

Dentistry, Medicine, Veterinary Science

$6,283

10

Agriculture

$5,367

11

Education

$3,768

12

Nursing

$3,768

Note:          For the funding clusters in which particular units of study are included, see the Commonwealth Grant Scheme Guidelines made for the purposes of section 33-35 of the Higher Education Support Act 2003.

(3)        A maximum student contribution amount for a place under this item is indexed under Part 5-6 of the Higher Education Support Act 2003 as if:

                     (a)  it was an amount referred to in the table in section 198-5 of that Act; and

                     (b)  the first year of indexation in relation to the amount was the year 2005.

4  Guidelines

(1)        The Minister may, in writing, make guidelines providing for matters:

                     (a)  required or permitted by this Schedule to be provided; or

                     (b)  necessary or convenient to be provided in order to carry out or give effect to this Schedule.

(2)        Without limiting subitem (1), the guidelines may provide for:

                     (a)  when a person is taken to have commenced a course of study; and

                     (b)  when a person is taken to have completed the requirements of a course of study.

Any such guidelines have effect, for the purposes of this Schedule, accordingly.

(3)        The guidelines are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.

5  Meaning of institution

In this Part:

institution has the meaning given by section 4 of the Higher Education Funding Act 1988.


 

Part 2Transitional arrangement for students under the Post-graduate education loan scheme

6  FEE-HELP assistance for existing students under the Post-graduate education loan scheme

If:

                     (a)  a person is enrolled with an institution in a unit of study that forms part of a course of study that the person started before 1 January 2005; and

                     (b)  the period over which the person is undertaking the unit ends on or before 31 December 2008; and

                     (c)  the person is an eligible student, within the meaning of section 98B of the Higher Education Funding Act 1988, for the semester; and

                     (d)  the course is an eligible post-graduate course of study within the meaning of section 98A of that Act; and

                     (e)  the Commonwealth had, under section 98G of that Act, discharged a liability that the person had incurred in relation to the course; and

                      (f)  the person:

                              (i)  is entitled to FEE-HELP assistance for the unit; or

                             (ii)  would be entitled to FEE-HELP assistance for the unit but for paragraph 104-1(1)(a) of the Higher Education Support Act 2003; and

                     (g)  the person has neither:

                              (i)  discontinued his or her enrolment in the course since that commencement (see item 7); nor

                             (ii)  completed the requirements of the course;

then:

                     (h)  if the institution is not (apart from this item) a higher education provider—the institution is taken, for the purposes of the application of the Higher Education Support Act 2003 in relation to the person and the unit, to be a higher education provider; and

                      (i)  if subparagraph (f)(ii) applies—the person is taken, for the purposes of that Act, to be entitled to FEE-HELP assistance for the unit.

7  Discontinuance of enrolments

A person is not taken, for the purposes of subparagraph (g)(i) of item 6, to have discontinued his or her enrolment in a course of study merely because:

                     (a)  the person has taken leave of absence from, or has deferred, the course, with the approval of the institution with which the person is undertaking the course; or

                     (b)  the person transfers his or her enrolment in the course to another course of study at the same level with the same or another institution or higher education provider; or

                     (c)  circumstances have occurred that are specified in the guidelines under item 8 as not amounting to a discontinuance of enrolment.

8  Guidelines

(1)        The Minister may, in writing, make guidelines providing for matters:

                     (a)  required or permitted by this Schedule to be provided; or

                     (b)  necessary or convenient to be provided in order to carry out or give effect to this Schedule.

(2)        Without limiting subitem (1), the guidelines may provide for:

                     (a)  when a person is taken to have commenced a course of study; and

                     (b)  when a person is taken to have completed the requirements of a course of study.

Any such guidelines have effect, for the purposes of this Schedule, accordingly.

(3)        The guidelines are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.

9  Meaning of institution

In this Part:

institution has the same meaning as in Chapter 4A of the old Act.


 

Part 3Debts under the Higher Education Funding Act 1988

10  Conversion of accumulated HEC debts into accumulated HELP debts

(1)        In working out, under section 140-25 of the Higher Education Support Act 2003, a person’s accumulated HELP debt for the financial year starting on 1 July 2005, if a person incurs an accumulated HEC debt on 1 June 2005, add the debt to the amount under step 1 of the method statement in section 140-5 of that Act.

(2)        The accumulated HELP debt that a person incurs on 1 June 2006 discharges, or discharges the unpaid part of, any accumulated HEC debt that the person incurred on 1 June 2005.

11  Taking account of voluntary payments made under the Higher Education Funding Act 1988 on or after 1 June 2005

If:

                     (a)  on or after 1 June 2005, a person makes a payment to the Commissioner under Division 1 of Part 5A.3 of the Higher Education Funding Act 1988; and

                     (b)  the payment would, but for subsection 106N(2A) of that Act, be used in working out the person’s accumulated HEC debt incurred on 1 June in a particular financial year;

in working out, under section 140-25 of the Higher Education Support Act 2003, a person’s accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 140-5 of that Act.

11A  Taking account of voluntary payments made under the Higher Education Support Act 2003 before 1 June 2005

(1)        If:

                     (a)  on or after 1 January 2005 and before 1 June 2005, a person makes a voluntary repayment to the Commissioner under Division 151 of the Higher Education Support Act 2003; and

                     (b)  the payment is in respect of one or more HELP debts;

in working out, under section 140-25 of that Act, a person’s accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 140-5 of that Act.

12  Taking account of HEC assessment debts assessed on or after 1 June 2005

If:

                     (a)  on or after 1 June 2005, the Commissioner makes an assessment under section 106T of the Higher Education Funding Act 1988; and

                     (b)  an amount is included in the notice of the assessment that is required to be paid in respect of an accumulated HEC debt under section 106Q of that Act; and

                     (c)  the amount would, but for subsection 106N(2A) of that Act, be used in working out the person’s accumulated HEC debt incurred on 1 June in a particular financial year;

in working out, under section 140-25 of the Higher Education Support Act 2003, a person’s accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 4 of the method statement in section 140-5 of that Act.

13  Taking account of amendments of assessments of HEC assessment debts on or after 1 June 2005

(1)        If:

                     (a)  on or after 1 June 2005, the Commissioner amends an assessment made under section 106T of the Higher Education Funding Act 1988 of the amount of a person’s HEC assessment debt; and

                     (b)  the HEC assessment debt is increased by the amendment (whether as a result of an increase in the person’s taxable income of an income year or otherwise);

in working out, under section 140-25 of the Higher Education Support Act 2003, a person’s accumulated HELP debt for the appropriate financial year, add the amount of the increase to the amount of the sum referred to in step 5 of the method statement in section 140-5 of that Act.

(2)        If:

                     (a)  on or after 1 June 2005, the Commissioner amends an assessment made under section 106T of the Higher Education Funding Act 1988 of the amount of a person’s HEC assessment debt; and

                     (b)  the HEC assessment debt is reduced by the amendment (whether as a result of a reduction in the person’s taxable income of an income year or otherwise);

in working out, under section 140-25 of the Higher Education Support Act 2003, a person’s accumulated HELP debt for the appropriate financial year, add the amount of the reduction to the amount of the sum referred to in step 6 of the method statement in section 140-5 of that Act.

(3)        For the purposes of this item, the appropriate financial year is:

                     (a)  if the amendment is made before 1 June in a financial year—that financial year; or

                     (b)  if the amendment is made on or after 1 June in a financial year—the immediately succeeding financial year.

14  Definitions

In this Part:

accumulated HEC debt has the meaning given by section 106N of the Higher Education Funding Act 1988.

HEC assessment debt has the meaning given by section 34 of the Higher Education Funding Act 1988.


 

Part 5Avondale College

17  Allocation of Commonwealth Grant Scheme funding to Avondale College

Until the end of the year 2008, Parts 2-2, 2-5 and 3-2 of the Higher Education Support Act 2003 apply in relation to Avondale College as if Avondale College were a higher education provider, but not a Table A provider.


 

Part 6Other transitional provisions

17A  Reductions in new grants to take account of grants made under section 20A of the Higher Education Funding Act 1988

(1)        If the Minister determines a special purpose grant under section 20A of the old Act for an institution (as defined in section 4 of that Act) in respect of a transitional adjustment year, then the amounts of grant payable to the institution under section 33-1 of the new Act in respect of:

                     (a)  the year next following that year; or

                     (b)  the 2 years next following that year; or

                     (c)  the 3 years next following that year;

are reduced by amounts that equal in total the amount of the special purpose grant.

(2)        In this item:

transitional adjustment year means the year 2002, 2003 or 2004.

18  Rollover of 2003 grants made under section 23 of the Higher Education Funding Act 1988

If:

                     (a)  a body receives a grant of financial assistance under section 23 of the old Act during the year 2003; and

                     (b)  the body fails to spend all of that grant in accordance with the old Act in respect of the year 2003; and

                     (c)  the Secretary determines in writing that this paragraph applies to the body;

then so much of the unspent grant amount as the Secretary specifies in relation to the grant will be taken to have been granted to the body under the new Act in respect of the year 2004:

                     (d)  under the section of the new Act that the Secretary specifies in the determination; and

                     (e)  on such conditions as the Secretary specifies in the determination.

19  Rollover of 2004 grants made under the Higher Education Funding Act 1988

If:

                     (a)  a body receives a grant of financial assistance under Chapter 2 of the old Act during the year 2004; and

                     (b)  the body fails to spend all of that grant in accordance with the old Act in respect of the year 2004; and

                     (c)  the Secretary determines in writing that this paragraph applies to the body;

then so much of the unspent grant amount as the Secretary specifies in relation to the grant will be taken to have been granted to the body under the new Act in respect of the year 2005:

                     (d)  under the section of the new Act that the Secretary specifies in the determination; and

                     (e)  on such conditions as the Secretary specifies in the determination.

20  Merit based equity scholarships

(1)        A student who:

                     (a)  before the commencement of the new Act, was awarded a merit-based equity scholarship referred to in subsection 35(7) of the old Act for a course of study at an institution (as defined for the purposes of Chapter 4 of the old Act); and

                     (b)  continues to undertake that course at the institution after that commencement;

is taken, for the purposes of the new Act, to be an exempt student for all of the units of study that he or she undertakes as part of that course at that institution.

(2)        However, this item does not apply if the institution is not a higher education provider.

21  Marginally funded places

(1)        A higher education provider’s funding agreement under section 30-25 of the new Act for the year 2005, 2006 or 2007 (the grant year) may specify an allowable number of marginally funded places in respect of that year.

(2)        If such a funding agreement specifies such a number, then, for the purposes of:

                     (a)  deciding whether the provider has an adjustment under subsection 33-25(1) of the new Act for the year following the grant year; and

                     (b)  working out the amount of any such adjustment for the year following the grant year;

the number of Commonwealth supported places that are provided in the grant year is taken to be reduced by the number so specified in that funding agreement.

21A  Increases in assistance in 2005 for higher education providers meeting certain requirements

For the purposes of paragraph 33-15(1)(c) of the Higher Education Support Act 2003, the Minister is taken to be satisfied that the provider met the requirements in paragraph 33-15(1)(a) of that Act, as at a date in 2004, specified in the Commonwealth Grant Scheme Guidelines, if:

                     (a)  the grant year is the year 2005; and

                     (b)  the Minister is satisfied that the provider met at least some of those requirements by the specified date; and

                     (c)  the Minister is satisfied that the provider has taken all reasonable steps to meet the requirements.

22  Assessment statements

(1)        A written statement that an assessing body for a listed professional occupation gave to a person, at a time before the commencement of the new Act, is taken to be an assessment statement for the purposes of the new Act if:

                     (a)  the person held a qualification awarded in a foreign country; and

                     (b)  the qualification related to that occupation; and

                     (c)  the person proposed to seek entry to that occupation:

                              (i)  in Australia; or

                             (ii)  if the assessing body was an assessing body of a State or Territory—in that State or Territory; and

                     (d)  the body gave the person a written statement to the effect that, in the body’s opinion, if the person were to do any or all of the following:

                              (i)  successfully undertake additional studies of a kind specified in the statement;

                             (ii)  be successful in one or more examinations specified in the statement;

                            (iii)  successfully undertake a tuition and training program of a kind specified in the statement;

                            the person would meet the requirements for entry to that occupation.

Note:          A statement could specify one of the things mentioned in subparagraph (d)(i), (ii) or (iii) or any combination of the things mentioned in those subparagraphs.

(2)        In this item:

assessing body includes a person or body that, immediately before the commencement of the new Act, was an assessing body for the purposes of Chapter 4B of the old Act.

listed professional occupation includes an occupation that, immediately before that commencement, was a listed professional occupation for the purposes of that Chapter.

occupation includes a part of an occupation that, immediately before that commencement, was an occupation for the purposes of that Chapter.

22A  Fee-waiver scholarships in the year 2004

(1)        The amount or value of a scholarship in respect of the year 2004 is taken not to be income for the purposes of the Social Security Act 1991 if:

                     (a)  the scholarship is provided by an institution; and

                     (b)  the scholarship is in the form of a waiver of all of the fees (within the meaning of the old Act) that the person would be liable to pay to the institution in connection with a course of study (within the meaning of the old Act); and

                     (c)  the course of study is not a designated course of study (within the meaning of Chapter 4 of the old Act).

(2)        Subitem (1) does not affect whether the amount or value of a scholarship in relation to which that subitem does not apply is income for the purposes of the Social Security Act 1991.

(3)        In this item:

institution means an institution or body mentioned in any of the following:

                     (a)  subsection 34(4) of the old Act;

                     (b)  the definition of institution in subsection 98A(1) of the old Act;

                     (c)  Schedule 1 to the old Act.

23  Saving of regulations made for Chapter 5C of the Higher Education Funding Act 1988

(1)        Regulations made for the purposes of paragraphs 106ZQ(2)(a) and (c) and subsection 106ZQ(3) of the old Act that were in force immediately before the repeal of Chapter 5C of the old Act are, on the commencement day, taken to have been made for the purposes of paragraphs 225-25(1)(a) and (c) and subsection 225-25(2) respectively of the new Act.

(2)        On the commencement day, a reference in the regulations made for the purposes of paragraph 106ZQ(2)(a) of the old Act to an application under subsection 106ZQ(1) of the old Act is to be read as a reference to an application under section 225-1 of the new Act.

(3)        In this item:

commencement day is the day that Chapter 6 of the new Act commences.

23A  OS-HELP—prior study requirements

(1)        This item applies where:

                     (a)  a student has completed a unit of study in Australia that counts towards the course requirements for a course of study at an institution; and

                     (b)  the student undertook the unit of study at the institution in a semester; and

                     (c)  the census date for the course for the semester is before 1 January 2005; and

                     (d)  either:

                              (i)  the course of study was a designated course of study and the student was a contributing student in relation to the course; or

                             (ii)  the student was a merit-based equity scholarship holder in relation to the course; and

                     (e)  on or after 1 January 2005, the student is enrolled in an undergraduate course of study with a higher education provider (the OS-HELP course) and the unit of study counts towards the requirements of that course.

(2)        For the purposes of this item, such a unit is a pre-HESA unit and is taken to have an EFTSL value equal to its EFTSU value.

(3)        Where this item applies, the prior study requirements in relation to the OS-HELP course for the purposes of paragraph 118-1(1)(d) of the new Act are that the sum of:

                     (a)  the total EFTSL value of all the pre-HESA units of study completed by the student; and

                     (b)  the total EFTSL value of all other units of study (if any):

                              (i)  that the student has completed in Australia that count towards the course requirements for the OS-HELP course; and

                             (ii)  in relation to which the student was a Commonwealth supported student;

is at least one EFTSL.

(4)        In this item:

census date has the same meaning as in Chapter 4 of the old Act.

contributing student has the same meaning as in Chapter 4 of the old Act.

designated course of study has the same meaning as in Chapter 4 of the old Act.

EFTSU value has the same meaning as in the guidelines made under subsection 39(2) of the old Act.

institution means an institution or body mentioned in any of the following:

                     (a)  subsection 34(4) of the old Act;

                     (b)  the definition of institution in subsection 98A(1) of the old Act;

                     (c)  Schedule 1 to the old Act.

merit-based equity scholarship holder means a student who is exempt under subsection 35(7) of the old Act.

24  Definitions

In this Schedule:

new Act means the Higher Education Support Act 2003.

old Act means the Higher Education Funding Act 1988.


 

Schedule 2Amendments

Part 1Appropriations

Higher Education Funding Act 1988

1  Paragraph 17(p)

Omit “$2,872,293,000”, substitute “$2,990,161,000”.

2  Paragraph 20(3)(p)

Omit “$121,259,000”, substitute “$124,340,000”.

3  Paragraph 22A(5)(l)

Omit “$241,000”, substitute “$247,000”.

4  Paragraph 23C(2)(l)

Omit “$1,137,649,000”, substitute “$1,070,788,000”.

5  Paragraph 24(3)(p)

Omit “$5,402,000”, substitute “$5,539,000”.

6  Paragraph 27A(6)(k)

Omit “$42,101,000”, substitute “$43,170,000”.

7  Paragraph 27D(2)(g)

Omit “$5,400,000”, substitute “$5,537,000”.


 

Part 2Transitional financial assistance

Higher Education Funding Act 1988

8  After section 110

Insert:

110A  Transitional financial assistance

             (1)  There is payable, to an institution to which financial assistance was payable under Chapter 2 in respect of the year 2004, such amount as the Minister determines in respect of a year referred to in subsection (2).

             (2)  The total of the amounts that are payable under this section must not exceed:

                     (a)  for the year 2005—$21,536,000; and

                     (b)  for the year 2006—$9,411,000; and

                     (c)  for the year 2007—$7,393,000.


 

Part 2AHEC repayment thresholds for the 2004-05 year of income

Higher Education Funding Act 1988

8A  Subsection 106Q(1)

Omit “subsection (7)”, substitute “subsections (7) and (8)”.

8B  Subparagraph 106Q(4)(a)(ii)

After “year of income”, insert “(other than the 2004-05 year of income)”.

8C  After subparagraph 106Q(4)(a)(ii)

Insert:

                      ; or (iii)  for the 2004-05 year of income—$35,000;

8D  At the end of section 106Q

Add:

             (8)  This section applies in relation to the 2004-05 year of income as if the table in subsection (1) were omitted and the following table were substituted:

 

HEC repayment thresholds for the 2004-05 year of income

Item

Person’s HEC repayment income in respect of year of income

Percentage applicable

1

More than $35,000, but less than $38,988

4%

2

$38,988 or more, but less than $42,973

4.5%

3

$42,973 or more, but less than $45,233

5%

4

$45,233 or more, but less than $48,622

5.5%

5

$48,622 or more, but less than $52,658

6%

6

$52,658 or more, but less than $55,430

6.5%

7

$55,430 or more, but less than $60,972

7%

8

$60,972 or more, but less than $65,000

7.5%

9

$65,000 or more

8%


 

Part 3Discontinuance of provisions of the Higher Education Funding Act 1988

Higher Education Funding Act 1988

9  Section 2B

Repeal the section.

10  Section 3 (paragraphs (a) to (ab) of the definition of year to which this Chapter applies)

After “or any subsequent year” (wherever occurring), insert “up to and including the year 2004”.

11  Section 3 (paragraph (b) of the definition of year to which this Chapter applies)

Omit “, being a year mentioned in section 17”, substitute “up to and including the year 2004”.

12  Section 98L

After “each year”, insert “up to and including the year 2004”.

13  After section 98N

Insert:

98NA  No financial assistance payable

                   No financial assistance is payable under this Chapter to an institution referred to in section 4 after 31 December 2004.

14  Before section 98ZA

Insert:

98ZAA  Application of Division

                   This Division does not apply in relation to a BOTP course for a study period that ends after 31 December 2004.

15  Section 98ZE

After “each year”, insert “up to and including the year 2004”.

16  Section 106FA

After “each year”, insert “up to and including the year 2004”.

17  After section 106K

Insert:

106KA  Semester debts do not arise after 1 January 2005

                   Despite sections 106J to 106K, a person does not incur a semester debt if the census date, in respect of the course of study or study period in respect of which the debt would (apart from this section ) arise, occurs on or after 1 January 2005.

18  After subsection 106N(2)

Insert:

          (2A)  A person cannot incur an accumulated HEC debt on 1 June 2006 or on 1 June in any later year.

Note:          A person’s accumulated HELP debt, worked out under section 140-25 of the Higher Education Support Act 2003, for the financial year starting on 1 July 2005 can include an amount for the person’s accumulated HEC debt incurred on 1 June 2005: see Part 3 of Schedule 1 to the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003.

19  Chapter 5C

Repeal the Chapter.


 

Part 4The Australian National University

Australian National University Act 1991

20  Section 3 (definition of Chair of the Education Committee)

Repeal the definition.

21  Section 3 (definition of Chair of the Research Committee)

Repeal the definition.

22  Section 3 (definition of dean)

Repeal the definition, substitute:

dean means the head, by whatever name called, of any faculty.

23  Section 3 (paragraph (c) of the definition of ex officio member)

Omit “Vice-Chancellor; or”, substitute “Vice-Chancellor.”.

24  Section 3 (paragraphs (d) to (g) of the definition of ex officio member)

Repeal the paragraphs.

25  Section 3 (definition of Institute of the Arts)

Repeal the definition.

26  Section 3

Insert:

Nominations Committee of Council means the persons referred to in subsection 10(2).

27  Section 3 (definition of president of the postgraduate students’ association)

Repeal the definition.

28  Section 3 (definition of president of the undergraduate students’ association)

Repeal the definition.

29  Section 3 (definition of statutory Board)

Repeal the definition.

30  Section 3 (paragraph (b) of the definition of University body)

Omit “Convocation; or”, substitute “Convocation.”.

31  Section 3 (paragraph (c) of the definition of University body)

Repeal the paragraph.

32  Paragraph 7(1)(b)

Repeal the paragraph, substitute:

                     (b)  a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.

33  Subsection 7(2)

Omit “a school or other organisational structure”, substitute “an organisational structure”.

34  Paragraphs 10(1)(d) to (j)

Repeal the paragraphs.

35  Paragraphs 10(1)(o), (p) and (q)

Repeal the paragraphs, substitute:

                     (o)  one postgraduate student of the University elected by the postgraduate students of the University;

                     (p)  one undergraduate student of the University elected by the undergraduate students of the University;

                     (q)  6 members appointed by the Minister on the recommendation of the Nominations Committee of Council.

36  Subsections 10(2) to (4)

Repeal the subsections, substitute:

             (2)  The Nominations Committee of Council consists of:

                     (a)  the Chancellor; and

                     (b)  6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.

             (3)  In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.

             (4)  At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.

             (5)  At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.

             (6)  The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:

                     (a)  a current member of:

                              (i)  the Commonwealth Parliament; or

                             (ii)  a State Parliament; or

                            (iii)  the legislature of a Territory; or

                     (b)  a current member of the academic or general staff of the University; or

                     (c)  a student of the university; or

                     (d)  a member of the Nominations Committee of Council.

             (7)  The Minister must, within 28 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:

                     (a)  appoint the person specified to the Council for a period not exceeding 4 years; or

                     (b)  decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.

             (8)  If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:

                     (a)  notify the Council, in writing, of the refusal; and

                     (b)  give reasons for the refusal.

             (9)  In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.

           (10)  Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.

37  Operation of Nominations Committee prior to commencement

If, because of section 4 of the Acts Interpretation Act 1901, persons are appointed to the Nominations Committee of the Council prior to the commencement of this item:

                     (a)  the Nominations Committee may make recommendations to the Minister for appointment of persons to the Council as if this item had commenced; and

                     (b)  despite subsection 4(2) of that Act, the appointment of persons to the Nominations Committee of the Council is taken to have taken effect before the making of any such recommendation.

38  Paragraphs 15(1)(e) and (f)

Repeal the paragraphs.

39  Paragraph 15(1)(g)

Omit “paragraph 10(1)(j), (k), (l), (m) or (n)”, substitute “paragraph 10(1)(k), (l), (m), (n), (o) or (p)”.

40  Paragraph 15(1)(h)

Repeal the paragraph.

41  After paragraph 15(1)(i)

Insert:

                  or (j)  is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or

                     (k)  has, in the Council’s opinion, breached his or her duties under section 18A, 18B, 18C, 18D, 18E or 18F as a member of the Council; or

                      (l)  is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;

42  Subsection 15(2)

Omit “paragraph (a), (b), (c), (d), (e), (o) or (p)”, substitute “paragraph (a), (b) or (c)”.

43  Paragraph 15(2)(c)

Omit “or”.

44  Paragraphs 15(2)(d) to (g)

Repeal the paragraphs.

45  Subsection 15(3)

Repeal the subsection.

46  At the end of section 16

Add:

             (3)  Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.

47  Subsection 17(1)

Omit “The Council”, substitute “Subject to this section, the Council”.

48  At the end of section 17

Add:

             (3)  The Council must not delegate its power to:

                     (a)  appoint the Chancellor, Pro-Chancellor or Vice-Chancellor; or

                     (b)  approve the University’s annual budget or its business plan; or

                     (c)  approve the annual report of the University; or

                     (d)  monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or

                     (e)  review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).

49  Subsection 18(1)

Omit “The Council”, substitute “Subject to this section, the Council”.

50  At the end of section 18

Add:

             (4)  The Council must not delegate its power to:

                     (a)  appoint the Chancellor, Pro-Chancellor or Vice-Chancellor; or

                     (b)  approve the University’s annual budget or its business plan; or

                     (c)  approve the annual report of the University; or

                     (d)  monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or

                     (e)  review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).

51  After section 18

Insert:

18A  Member to act solely in interest of University

                   A member of the Council must act solely in the interests of the University taken as a whole, having regard to its functions.

18B  Member to exercise care and diligence

             (1)  A member of the Council must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:

                     (a)  were a member of the Council in the Council’s circumstances; and

                     (b)  occupied the office held by, and had the same responsibilities within the Council as, the member.

             (2)  A member of the Council who makes a business judgment is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:

                     (a)  makes the judgment in good faith for a proper purpose; and

                     (b)  does not have a material personal interest in the subject matter of the judgment; and

                     (c)  informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and

                     (d)  rationally believes that the judgment is in the best interests of the University.

The member’s belief that the judgment is in the best interests of the University is a rational one unless the belief is one that no reasonable person in his or her position would hold.

Note:          This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.

18C  Member to act in good faith

                   A member of the Council must exercise his or her powers and discharge his or her duties:

                     (a)  in good faith in the best interests of the University; and

                     (b)  for a proper purpose.

18D  Member not to use position improperly

                   A member of the Council must not improperly use his or her position to:

                     (a)  gain an advantage for him or her or someone else; or

                     (b)  cause detriment to the University or to another person.

18E  Member not to use information improperly

                   A member of the Council who obtains information because of his or her position must not improperly use the information to:

                     (a)  gain an advantage for himself or herself or someone else; or

                     (b)  cause detriment to the University or to another person.

18F  Material personal interest

             (1)  A member of the Council who has a material personal interest in a matter that relates to the affairs of the University must give the other members of the Council notice of the interest.

             (2)  Subsection (1) does not apply if the member of the Council is not, because of subsection 27F(2) of the Commonwealth Authorities and Companies Act 1997, required to give such a notice under subsection 27F(1) of that Act.

             (3)  A member of the Council who has an interest in a matter may give the other members of the Council standing notice of the nature and extent of the interest in the matter in accordance with section 27G of the Commonwealth Authorities and Companies Act 1997.

             (4)  A member of the Council who has a material personal interest in a matter that is being considered at a meeting of the Council must not:

                     (a)  be present while the matter is being considered at the meeting; or

                     (b)  vote on the matter;

except as allowed under section 27J of the Commonwealth Authorities and Companies Act 1997.

18G  Application of Commonwealth Authorities and Companies Act 1997

                   Nothing in sections 18A to 18F affects the application of the Commonwealth Authorities and Companies Act 1997 to members of the Council.

52  Sections 20 to 29

Repeal the sections.

53  Paragraph 39(2)(d)

Omit “, a statutory Board or a committee of the Council or such a Board”, substitute “or a committee of the Council”.

54  Subsection 41(1)

Repeal the subsection.

55  Subsection 41(2)

After “University”, insert “, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003,”.

56  Section 43

Repeal the section, substitute:

43  Application of fees and other money

                   The Council must apply the following solely for the purposes of the University:

                     (a)  all financial assistance paid to the University under the Higher Education Support Act 2003;

                     (b)  student contribution amounts within the meaning of the Higher Education Support Act 2003;

                     (c)  tuition fees within the meaning of the Higher Education Support Act 2003;

                     (d)  other money received by the University under this Act or otherwise.

57  Subparagraph 50(2)(f)(iii)

Omit “or of a statutory Board”.

58  Subparagraph 50(2)(g)(iv)

Repeal the subparagraph.

59  Paragraph 50(2)(u)

Repeal the paragraph, substitute:

                     (u)  the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;

60  Paragraph 51(1)(b)

Omit “not exceeding $200”.

61  Subsections 52(1) and (2)

Repeal the subsections, substitute:

             (1)  When a Statute has been made by the Council:

                     (a)  it must be sealed with the seal of the University; and

                     (b)  the Council must cause the Statute to be notified in the Gazette; and

                     (c)  the Statute has the force of law from the day on which it is so notified.

Note:       The heading to section 52 is altered by omitting “approved by Governor-General and”.

62  Subsection 52(4)

Repeal the subsection.

63  Division 4 of Part 5

Repeal the Division.


 

Part 5Australian Maritime College

Maritime College Act 1978

64  Section 4 (definition of ex officio member)

Omit “, the Chairperson”.

65  Section 4 (definition of non-teaching staff member)

Repeal the definition.

66  Section 4 (definition of student member)

Repeal the definition.

67  Section 4 (definition of teaching staff member)

Repeal the definition.

68  Section 4 (definition of term of office)

Repeal the definition.

69  Paragraph 7(a)

Repeal the paragraph, substitute:

                     (a)  to conduct an institution for the provision of such maritime and maritime-related education and training (including logistics education and training) as the Council, with the Minister’s approval, determines, or as the Minister requires; and

70  At the end of paragraphs 7(b) and (c)

Add “and”.

71  Paragraph 7(d)

Repeal the paragraph.

72  Section 11

Repeal the section, substitute:

11  Constitution of the Council

             (1)  The Council is to consist of the following members:

                     (a)  the Principal;

                     (b)  the Chairperson of the Academic Board of the College;

                     (c)  up to 6 other members.

             (2)  The Minister may appoint in writing the members referred to in paragraph (1)(c).

             (3)  In making an appointment under subsection (2), the Minister must have regard to the advice of the Council.

             (4)  In appointing members to the Council under paragraph (1)(c), the Minister must try to ensure that there is a balance of skills and expertise among members of the Council, in particular financial and commercial skills.

             (5)  The Minister must not appoint to the Council:

                     (a)  a current member of:

                              (i)  the Commonwealth Parliament; or

                             (ii)  a State Parliament; or

                            (iii)  the legislature of a Territory; or

                     (b)  a member of the academic or general staff of the College; or

                     (c)  a student of the College.

             (6)  If a person other than the Principal is for the time being performing the duties of the office of Principal, that person may attend meetings of the Council and, for the purposes of those meetings, is taken to be a member.

73  Subsection 13(3)

Omit “paragraph 11(1)(b) or (e)”, substitute “paragraph 11(1)(c)”.

74  Subsection 13(4)

After “Academic Board” (second occurring), insert “, unless the person is removed from the Council under section 17”.

75  Subsections 13(5) to (8)

Repeal the subsections.

76  Paragraph 15(1)(a)

Omit “person (whether a member or not)”, substitute “member”.

77  Subsection 15(3)

Repeal the subsection.

78  Section 17

Repeal the section, substitute:

17  Removal from office

             (1)  The Minister may remove a person from the Council on the ground of misbehaviour, physical or mental incapacity or a breach of his or her duties under the Commonwealth Authorities and Companies Act 1997.

             (2)  The Minister must remove a member from the Council if:

                     (a)  the member becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or

                     (b)  the member has, in the Council’s opinion, breached his or her duties under section 22A, 22B, 22C, 22D, 22E or 22F as a member; or

                     (c)  the member is, in the Minister’s opinion, incapable of performing his or her duties.

             (3)  In forming an opinion for the purposes of paragraph (2)(c), the Minister must have regard to the advice of the Council.

79  Subsections 19(2) to (3)

Repeal the subsections.

80  Section 20

Repeal the section.

81  After section 22

Insert:

22A  Member to act solely in interest of College

                   A member must act solely in the interests of the College taken as a whole, having regard to its functions.

22B  Member to exercise care and diligence

             (1)  A member must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:

                     (a)  were a member of the Council in the Council’s circumstances; and

                     (b)  occupied the office held by, and had the same responsibilities within the Council as, the member.

             (2)  A member who makes a business judgment is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:

                     (a)  makes the judgment in good faith for a proper purpose; and

                     (b)  does not have a material personal interest in the subject matter of the judgment; and

                     (c)  informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and

                     (d)  rationally believes that the judgment is in the best interests of the College.

The member’s belief that the judgment is in the best interests of the College is a rational one unless the belief is one that no reasonable person in his or her position would hold.

Note:          This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.

22C  Member to act in good faith

                   A member must exercise his or her powers and discharge his or her duties:

                     (a)  in good faith in the best interests of the College; and

                     (b)  for a proper purpose.

22D  Member not to use position improperly

                   A member must not improperly use his or her position to:

                     (a)  gain an advantage for him or her or someone else; or

                     (b)  cause detriment to the College or to another person.

22E  Member not to use information improperly

                   A member who obtains information because of his or her position must not improperly use the information to:

                     (a)  gain an advantage for himself or herself or someone else; or

                     (b)  cause detriment to the College or to another person.

22F  Material personal interest

             (1)  A member who has a material personal interest in a matter that relates to the affairs of the College must give the other members notice of the interest.

             (2)  Subsection (1) does not apply if the member is not, because of subsection 27F(2) of the Commonwealth Authorities and Companies Act 1997, required to give such a notice under subsection 27F(1) of that Act.

             (3)  A member who has an interest in a matter may give the other members standing notice of the nature and extent of the interest in the matter in accordance with section 27G of the Commonwealth Authorities and Companies Act 1997.

             (4)  A member who has a material personal interest in a matter that is being considered at a meeting of the Council must not:

                     (a)  be present while the matter is being considered at the meeting; or

                     (b)  vote on the matter;

except as allowed under section 27J of the Commonwealth Authorities and Companies Act 1997.

22G  Application of Commonwealth Authorities and Companies Act 1997

                   Nothing in sections 22A to 22F affects the application of the Commonwealth Authorities and Companies Act 1997 to members.

82  Paragraphs 24(1)(d) to (e)

Repeal the paragraphs.

83  After paragraph 24(1)(j)

Insert:

                     (ja)  the payment to the College of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003; and

84  Subsection 26(2)

Omit all the words from and including “first Principal” to and including “succeeding Principals”, substitute “Principal”.

85  After subsection 26(2)

Insert:

          (2A)  In making an appointment under subsection (2), the Minister must have regard to the advice of the Council.

86  Subsection 26(4)

After “office”, insert “, unless he or she is removed from the Council under section 17,”.

87  Subsection 26(6)

Repeal the subsection, substitute:

             (6)  Subject to this section, the Principal holds office on such terms and conditions as are determined by the Minister.

88  Section 32

Repeal the section, substitute:

32  Fees

                   Fees that are payable to the College, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.

32A  Corporate plan

             (1)  The members must prepare a corporate plan at least once a year and give it to the Minister.

             (2)  If the Minister asks the members to give the plan to the Minister by a specified day, the members must give the plan to the Minister by that day.

             (3)  The plan must cover a period of at least 3 years.

             (4)  The members must keep the Minister informed about:

                     (a)  significant changes to the plan; and

                     (b)  matters that arise that might significantly affect the achievement of the objectives of the plan.

             (5)  The plan must include details of the following matters:

                     (a)  assumptions about the College’s operational environment;

                     (b)  the College’s strategic directions;

                     (c)  performance indicators for the College;

                     (d)  a review of the College’s performance against previous corporate plans;

                     (e)  analysis of risk factors affecting the College’s performance;

                      (f)  human resource strategies and industrial relations strategies.

             (6)  The plan must also cover any other matters the Minister requires, which may include further details about the matters in subsection (5).

             (7)  In preparing the plan, the members must take account of any notices the Minister gives to the Council under subsection (8).

             (8)  The Minister may give a written notice to the Council concerning the Minister’s views about:

                     (a)  the appropriate strategic directions of the College; and

                     (b)  the manner in which the College should perform its non-academic functions.

32B  Minister’s response to corporate plan

             (1)  The Minister must respond to a corporate plan within 60 days of being given the plan.

             (2)  The Minister’s response may include a direction to the members to vary the plan.

             (3)  A direction under subsection (2) must be in writing and must set out the Minister’s reasons for the direction.

             (4)  If directing a variation of the corporate plan, the Minister must consider:

                     (a)  the objectives and policies of the Commonwealth; and

                     (b)  the objects of this Act; and

                     (c)  any other matters the Minister thinks appropriate.

             (5)  If the Minister’s response includes a direction to vary the corporate plan, the members must prepare a revised plan and give it to the Minister within 28 days after being given the response.

32C  Performance indicators

                   When including details of the performance indicators for the College in the corporate plan, the members must consider:

                     (a)  the College’s financial viability and its financial viability in the future; and

                     (b)  the capacity of the College to:

                              (i)  provide to students places in courses of study; and

                             (ii)  to conduct research;

                            at a level appropriate to a reputable higher education provider; and

                     (c)  the College’s capacity to comply with the Higher Education Support Act 2003; and

                     (d)  any other consideration that the members think appropriate affecting the performance of the College.

89  Transitional provision

A person who, immediately before the commencement of this Part, had been appointed under section 26 of the Maritime College Act 1978 as Principal continues to hold office as Principal on and after the commencement of this Part for the balance of the term of his or her appointment.


 

Part 6Marcus Oldham College

Higher Education Funding Act 1988

90  Subsection 4(1) (Table B)

Omit “Marcus Oldham College”.

91  Paragraph 18(2)(a)

Repeal the paragraph.

92  After section 20A

Insert:

20B  Grant to Marcus Oldham College

             (1)  There is payable to Marcus Oldham College, in respect of the year 2004, such amount as the Minister determines.

             (2)  The amount payable under this section must not exceed $2,095,000.

93  Paragraph 34(4)(a)

Omit “other than Marcus Oldham College”.

94  Subsection 98A(1) (paragraph (b) of the definition of appropriate officer)

Omit “Marcus Oldham College or”.


 

Part 7Other amendments

A New Tax System (Family Assistance) (Administration) Act 1999

95  Subsection 3(1) (after subparagraph (c)(i) of the definition of income tax refund)

Insert:

                            (ia)  section 154-60 of the Higher Education Support Act 2003; or

Bankruptcy Act 1966

96  Subsection 82(1) (note)

Repeal the note.

97  After subsection 82(3AA)

Insert:

        (3AB)  A debt incurred under Part 4-1 of the Higher Education Support Act 2003 is not provable in bankruptcy.

Disability Services Act 1986

98  Subsection 22(1)

Omit “subsection (1A)”, substitute “subsections (1A) and (1B)”.

99  After subsection 22(1A)

Insert:

          (1B)  If:

                     (a)  a rehabilitation program provided for a pensioner or beneficiary includes a course of study with a higher education provider; and

                     (b)  the person owes one or more HELP debts to the Commonwealth in respect of undertaking the course of study;

the pensioner’s or beneficiary’s HELP debts in respect of the course must not be borne by the Commonwealth unless the Higher Education Support Act 2003, or another Act, provides otherwise.

100  Subsection 22(4)

Insert:

HELP debt has the same meaning as in the Higher Education Support Act 2003.

101  Subsection 22(4)

Insert:

higher education provider has the same meaning as in the Higher Education Support Act 2003.

Equal Opportunity for Women in the Workplace Act 1999

102  Subsection 3(1) (definition of higher education institution)

Omit “section 106ZL of the Higher Education Funding Act 1988”, substitute “Higher Education Support Act 2003”.

Fringe Benefits Tax Assessment Act 1986

103  Section 135M

After “Higher Education Funding Act 1988”, insert “or the Higher Education Support Act 2003”.

Higher Education Funding Act 1988

104  Subsection 106L(1)

After “HEC semester debt”, insert “or PELS semester debt”.

105  Subsection 106L(2)

After “person’s”, insert “BOTP study period debt or”.

106  Paragraph 106L(2)(a)

Omit “one or more of the units of study”, substitute “the BOTP course, or one or more of the units of study,”.

107  Paragraph 106L(2)(c)

Omit “a unit of study”, substitute “the BOTP course, or a unit of study,”.

108  Subsection 106L(3B)

Omit “or a unit of study”, substitute “or a BOTP course, or a unit of study,”.

109  Subparagraphs 106L(3B)(a)(i) and (b)(i)

Omit “an HEC semester debt”, substitute “a semester debt”.

110  After paragraph 106L(3B)(b)

Insert:

                    (ba)  if the person:

                              (i)  has incurred a BOTP semester debt for the BOTP course; and

                             (ii)  withdraws his or her enrolment for the course for the study period; and

                            (iii)  the institution at which the person was enrolled gives notice to the person that the withdrawal has taken effect;

                            the day specified by the institution in the notice as the day the withdrawal takes effect; or

                    (bb)  if:

                              (i)  the person has incurred a BOTP semester debt; and

                             (ii)  paragraph (ba) does not apply to the person; and

                            (iii)  the person does not complete the BOTP course for which he or she was enrolled for the study period;

                            the last day of the study period; or

111  Paragraph 106M(1)(a)

Omit “an HEC semester debt or OL study period debt”, substitute “a semester debt”.

112  Actions by appropriate officers of institutions

Any action by an appropriate officer of an institution before the commencement of this item that could have been done by the Secretary under section 106L or 106M of the Higher Education Funding Act 1988 is taken, after that commencement, to have been done as if, at the time it was done, the Secretary:

                     (a)  had the power under section 112 of that Act to delegate his or her powers under sections 106L and 106M of that Act to that appropriate officer; and

                     (b)  had so delegated those powers.

113  Subsection 106PA(2)

Repeal the subsection.

114  Subsection 106PA(3)

Omit “If the amount of the debt is $500 or more, the”, substitute “The”.

115  Subsection 106PA(3) (formula)

Repeal the formula, substitute:

116  Subsection 106PA(4) (formula)

Repeal the formula, substitute:

117  Subsection 106PA(4) (example)

Omit “$690” (wherever occurring), substitute “$660”.

118  Subsection 106PA(4) (example)

Omit “1.15”, substitute “1.1”.

119  Subsection 106PA(4) (example)

Omit “$1,010”, substitute “$1,040”.

119A  Subsection 106PA(5)

Omit “(2),”.

120  Paragraph 106Q(1)(b)

Omit “the person had an accumulated HEC debt”, substitute:

                            the person:

                              (i)  had an accumulated HEC debt; or

                             (ii)  if the 1 June occurs in the year 2006 or a later year—had an accumulated HELP debt;

121  At the end of subparagraph 106Y(2)(e)(ii)

Add “; or”.

122  At the end of subsection 106Y(2)

Add:

                    ; (f)  fourthly, in discharge or reduction of:

                              (i)  any HELP debt of the person; or

                             (ii)  if there is more than one such debt, those debts in the order in which they were incurred.

123  At the end of section 106Y

Add:

             (3)  In this section, HECS-HELP debt, FEE-HELP debt and OS-HELP debt have the same meanings as in the Higher Education Support Act 2003.

124  At the end of section 112

Add:

             (3)  The Secretary may delegate to a review officer of an institution the Secretary’s powers under sections 106L and 106M so far as those powers relate to persons who are, or have been, enrolled with the institution.

             (4)  In exercising powers under a delegation made under subsection (3), the delegate must comply with any directions of the Secretary.

             (5)  In this subsection:

review officer, in relation to an institution, means a person, or a person included in a class of persons, appointed by, or by a delegate of, the chief executive officer of the institution to be an appropriate officer of the institution for the purposes of subsection (3).

Income Tax Assessment Act 1936

125  After paragraph 24ABZE(2)(j)

Insert:

                     (ja)  discharging a compulsory repayment amount (within the meaning of the Higher Education Support Act 2003);

126  Subsection 51(6AA) (note)

Omit “(HECS and student assistance)”, substitute “(Assistance to students)”.

127  Subsection 51(6AA) (note)

After “Higher Education Funding Act 1988,”, insert “the Higher Education Support Act 2003,”.

128  Subsection 82A(2) (after paragraph (b) of the definition of expenses of self-education)

Insert:

                    (ba)  a student contribution amount within the meaning of the Higher Education Support Act 2003 paid to a higher education provider (within the meaning of that Act); or

                    (bb)  a payment made in respect of, or in respect of the reduction or discharge of, any indebtedness to the Commonwealth under Chapter 4 of that Act; or

129  Subsection 163B(3) (paragraph (d) of the definition of Tax liabilities)

After “HEC assessment debt”, insert “or compulsory repayment amount”.

130  Subsection 163B(10)

Insert:

compulsory repayment amount has the same meaning as in the Higher Education Support Act 2003.

131  Section 202A (after paragraph (a) of the definition of tax file number)

Insert:

                    (aa)  a number issued to a person under section 44 or 48 of the Higher Education Funding Act 1988; or

132  After paragraph 202F(1)(f)

Insert:

                    (fa)  a decision to give a notice under subsection 190-15(1) of the Higher Education Support Act 2003;

                    (fb)  a decision to give a notice under subsection 190-20(1) of the Higher Education Support Act 2003;

Income Tax Assessment Act 1997

136  Section 3-1 (table item 2)

Repeal the item.

137  Section 12-5 (table item headed “Higher Education Contribution Scheme (HECS)”)

Repeal the item, substitute:

higher education assistance            

26-20

138  Section 26-20 (heading)

Repeal the heading, substitute:

26-20  Assistance to students

139  After paragraph 26-20(1)(c)

Insert:

                    (ca)  a student contribution amount within the meaning of the Higher Education Support Act 2003 paid to a higher education provider (within the meaning of that Act); or

                    (cb)  a payment made to reduce a debt to the Commonwealth under Chapter 4 of that Act; or

140  Subsection 30-25(1) (table item 2.1.3, column 2)

Omit “Employment, Education and Training Act 1988”, substitute “Higher Education Funding Act 1988”.

141  Subsection 30-25(1) (table item 2.1.6, column 2)

Omit “Employment, Education and Training Act 1988”, substitute “Higher Education Funding Act 1988”.

142  After paragraph 52-140(3)(x)

Insert:

                    (xa)  discharging a compulsory repayment amount (within the meaning of the Higher Education Support Act 2003);

143  Section 995-1

Insert:

accumulated HELP debt has the meaning given by section 140-25 of the Higher Education Support Act 2003.

Social Security Act 1991

144A  After paragraph 8(8)(zj)

Insert:

                   (zja)  the amount or value of:

                              (i)  a scholarship known as a Commonwealth Education Costs Scholarship; or

                             (ii)  a scholarship known as a Commonwealth Accommodation Scholarship;

                            provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2-4 of the Higher Education Support Act 2003;

145  At the end of section 23

Add:

           (20)  For the purposes of this Act, a full-time student load, for a course of study, is the study load represented by units of study, forming part of the course, that have a total EFTSL value of one EFTSL.

           (21)  Expressions used in subsection (20) that are defined in the Higher Education Support Act 2003 have in that subsection, unless the contrary intention appears, the same meaning as in that Act.

146  Paragraph 541B(2)(a)

Repeal the paragraph, substitute:

                     (a)  if:

                              (i)  the course is a course of study within the meaning of the Higher Education Support Act 2003; and

                             (ii)  there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;

                            the full-time student load for the course; or

147  Paragraph 541B(2)(b)

Omit “designated”.

148  Paragraph 569E(1)(a)

Repeal the paragraph, substitute:

                     (a)  if:

                              (i)  the course is a course of study within the meaning of the Higher Education Support Act 2003; and

                             (ii)  there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;

                            the full-time student load for the course; or

149  Paragraph 569E(1)(b)

Omit “designated”.

150  Paragraph 1061PF(1)(a)

Repeal the paragraph, substitute:

                     (a)  if:

                              (i)  the course is a course of study within the meaning of the Higher Education Support Act 2003; and

                             (ii)  there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;

                            the full-time student load for the course; or

151  Paragraph 1061PF(1)(b)

Omit “designated”.

Taxation Administration Act 1953

152  Section 8AAZA

Insert:

compulsory repayment amount has the same meaning as in the Higher Education Support Act 2003.

153  After paragraph 8AAZLD(a)

Insert:

                    (aa)  secondly, against any compulsory repayment amount of the entity; and

Note:       The heading to section 8AAZLD is altered by inserting “and compulsory repayment amounts” after “debts”.

154  Section 6-1 in Schedule 1

After “(HECS)”, insert “, liability to repay debts under the Higher Education Loan Program (HELP)”.

155  After paragraph 11-1(c) in Schedule 1

Insert:

                    (ca)  amounts of liabilities to the Commonwealth under Chapter 4 of the Higher Education Support Act 2003; and

156  Paragraph 15-30(c) in Schedule 1

After “Higher Education Funding Act 1988”, insert “for any financial year ending before 1 July 2005”.

157  After paragraph 15-30(c) in Schedule 1

Insert:

                    (ca)  the percentages specified in section 154-20 (about repayments of accumulated HELP debt) of the Higher Education Support Act 2003 for any financial year starting on or after 1 July 2005;

158  After paragraph 45-5(1)(c) in Schedule 1

Insert:

                    (ca)  amounts of liabilities to the Commonwealth under Chapter 4 of the Higher Education Support Act 2003; and

159  Section 45-340 in Schedule 1 (method statement, step 3)

After “Higher Education Funding Act 1988”, insert “, or an *accumulated HELP debt under the Higher Education Support Act 2003,”.

160  Section 45-375 in Schedule 1 (method statement, step 3)

After “Higher Education Funding Act 1988”, insert “, or an *accumulated HELP debt under the Higher Education Support Act 2003,”.

Taxation (Interest on Overpayments and Early Payments) Act 1983

161  Subsection 3(1)

Insert:

compulsory repayment amount has the same meaning as in the Higher Education Support Act 2003.

162  Subsection 3(1) (after subparagraph (a)(vii) of the definition of relevant tax)

Insert:

                          (viia)  amounts that are treated under Subdivision 154-D of the Higher Education Support Act 2003 as if they were income tax;

163  After subparagraph 8A(1)(a)(ii)

Insert:

                           (iia)  compulsory repayment amount; or

164  After paragraph 8A(2)(b)

Insert:

                    (ba)  compulsory repayment amount; or

165  Subparagraph 8E(1)(d)(iii)

After “HEC assessment debt”, insert “or compulsory repayment amount”.

166  Subparagraph 8E(2)(d)(iii)

After “HEC assessment debt”, insert “or compulsory repayment amount”.

167  After sub-subparagraph 12A(1)(a)(iv)(B)

Insert:

                                      (BA)  compulsory repayment amount; or

168  After paragraph 12A(2)(b)

Insert:

                    (ba)  compulsory repayment amount; or

Veterans’ Entitlements Act 1986

169  After paragraph 5H(8)(ha)

Insert:

                    (hb)  the amount or value of:

                              (i)  a scholarship known as a Commonwealth Education Costs Scholarship; or

                             (ii)  a scholarship known as a Commonwealth Accommodation Scholarship;

                            provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2-4 of the Higher Education Support Act 2003;

 


 

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 17 September 2003

Senate on 27 October 2003]

(157/03)