Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the law in relation to higher education and research funding, and for related purposes
Administered by: Education, Employment and Workplace Relations
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 29 May 2009
Introduced HR 28 May 2009

2008‑2009

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Higher Education Support Amendment (2009 Budget Measures) Bill 2009

 

No.      , 2009

 

(Education)

 

 

 

A Bill for an Act to amend the law in relation to higher education and research funding, and for related purposes

  

  


Contents

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

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

3............ Schedule(s).......................................................................................... 2

Schedule 1—Grants                                                                                                               3

Higher Education Support Act 2003                                                                       3

Schedule 2—Funding clusters                                                                                          4

Higher Education Support Act 2003                                                                       4

Schedule 3—Adjustment of basic grant amounts                                                  6

Higher Education Support Act 2003                                                                       6

Schedule 4—Other grants                                                                                                  7

Higher Education Support Act 2003                                                                       7

Schedule 5—Maximum student contribution amounts                                      8

Higher Education Support Act 2003                                                                       8

Schedule 6—OS‑HELP debts                                                                                         11

Higher Education Support Act 2003                                                                     11

Schedule 7—Indexation                                                                                                     12

Higher Education Support Act 2003                                                                     12

 


A Bill for an Act to amend the law in relation to higher education and research funding, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Higher Education Support Amendment (2009 Budget Measures) Act 2009.

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.

 

2.  Schedule 1

The day on which this Act receives the Royal Assent.

 

3.  Schedule 2

1 January 2010.

1 January 2010

4.  Schedule 3

The day on which this Act receives the Royal Assent.

 

5.  Schedule 4, item 1

1 January 2010.

1 January 2010

6.  Schedule 4, item 2

The day on which this Act receives the Royal Assent.

 

7.  Schedule 5

1 January 2010.

1 January 2010

8.  Schedules 6 and 7

The day on which this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of 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.


 

Schedule 1Grants

  

Higher Education Support Act 2003

1  Paragraphs 30‑5(1)(f) to (h)

Repeal the paragraphs, substitute:

                      (f)  for the year 2010—$4,467,881,000; or

                     (g)  for the year 2011—$4,695,755,000.

2  At the end of subsection 33‑1(1)

Add:

             ; and (c)  if applicable, and if the year is 2011 or a later year—adding the performance funding grant amount for the provider for that year.

3  After subsection 33‑1(1)

Insert:

          (1A)  In subsection (1):

performance funding grant amount for a higher education provider for a year is the amount (if any) worked out under the Commonwealth Grant Scheme Guidelines.

4  Subsection 41‑45(1) (table items 6 to 8)

Repeal the items, substitute:

6

2010

$1,887,252,000

7

2011

$2,027,324,000

8

2012

$1,996,679,000

9

2013

$2,067,383,000

5  Section 46‑40 (table items 7 to 9)

Repeal the items, substitute:

7

2010

$301,136,000

8

2011

$315,711,000

9

2012

$303,844,000

10

2013

$275,133,000

Schedule 2Funding clusters

  

Higher Education Support Act 2003

1  Section 30‑15 (table)

Repeal the table, substitute:

 

Funding clusters

Law, Accounting, Administration, Economics, Commerce

Humanities

Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health

Education

Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts

Nursing

Engineering, Science, Surveying

Dentistry, Medicine, Veterinary Science, Agriculture

2  Section 33‑10 (table)

Repeal the table, substitute:

 

Commonwealth contribution amount

Item

Funding cluster

Commonwealth contribution amount

1

Law, Accounting, Administration, Economics, Commerce

$1,765

2

Humanities

$4,901

3

Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health

$8,670

4

Education

$9,020

5

Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts

$10,662

6

Nursing

$11,903

7

Engineering, Science, Surveying

$15,156

8

Dentistry, Medicine, Veterinary Science, Agriculture

$19,235

3  Transitional provision—indexation

Amounts in the table in section 33‑10 of the Higher Education Support Act 2003, as amended by this Schedule, are not to be indexed on 1 January 2010.

4  Transitional provision

For the purposes of working out if and how a higher education provider’s basic grant amount for the year 2010 or an earlier year is to be adjusted under Subdivision 33‑C of the Higher Education Support Act 2003, disregard the amendments made by this Schedule.


 

Schedule 3Adjustment of basic grant amounts

  

Higher Education Support Act 2003

1  Paragraph 33‑25(7)(b)

Omit “5%”, substitute “10%”.

2  Application

The amendment made by this Schedule applies to adjustments of basic grant amounts for 2011 and later years.


 

Schedule 4Other grants

  

Higher Education Support Act 2003

1  Subsection 41‑10(1) (table items 3 and 8A)

Repeal the items.

2  Subsection 41‑10(1) (after table item 9A)

Insert:

9B

Grants to support structural adjustment

*Table A providers and *Table B providers that are universities


 

Schedule 5Maximum student contribution amounts

  

Higher Education Support Act 2003

1  Subsection 93‑10(1) (table)

Repeal the table, substitute:

 

Maximum student contribution amounts for places

Item

Column 1
For a place in a unit in this funding cluster:

Column 2
The maximum student contribution is:

1

Law, Accounting, Administration, Economics, Commerce

$8,859

2

Humanities

$5,310

3

Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health

(a) for a place in a unit in Computing, Built Environment or Other Health—$7,567; or

(b) for a place in a unit in Behavioural Science or Social Studies—$5,310; or

(c) for a place in a unit in Mathematics or Statistics—$4,249.

4

Education

$5,310

5

Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts

(a) for a place in a unit in Clinical Psychology, Foreign Languages or Visual and Performing Arts—$5,310; or

(b) for a place in a unit in Allied Health—$7,567.

6

Nursing

$5,310

7

Engineering, Science, Surveying

(a) for a place in a unit in Engineering or Surveying—$7,567; or

(b) for a place in a unit in Science—$4,249.

8

Dentistry, Medicine, Veterinary Science, Agriculture

(a) for a place in a unit in Dentistry, Medicine or Veterinary Science—$8,859; or

(b) for a place in a unit in Agriculture—$7,567.

2  Transitional provision—indexation

Amounts in the table in subsection 93‑10(1) of the Higher Education Support Act 2003, as amended by this Schedule, are not to be indexed on 1 January 2010.

3  Saving provision—maximum student contribution amounts for old funding clusters

(1)        This item applies in relation to a person if:

                     (a)  the person started a course of study with a higher education provider before 1 January 2010; and

                     (b)  the person was a Commonwealth supported student in relation to a unit of study in that course; and

                     (c)  any of the following apply to the person:

                              (i)  the person had not completed the course by 31 December 2009;

                             (ii)  in 2009, the person was undertaking an enabling course;

                            (iii)  the person has completed the related course for an honours course of study and is undertaking the honours course of study; and

                     (d)  the person is undertaking a unit that would have been included in:

                              (i)  Education in the funding cluster Mathematics, Statistics, Behavioural Science, Social Studies, Education, Computing, Built Environment, Other Health; or

                             (ii)  the funding cluster Nursing;

                            if the amendments made by Schedule 2 to this Act had not been made.

(2)        Despite subsection 93‑10(1) of the Higher Education Support Act 2003 as amended by this Schedule, the maximum student contribution amount for a place in the unit referred to in paragraph (1)(d) of this item for the person is the amount that would have been the maximum student contribution amount for a place in that unit if the amendment of subsection 93‑10(1) made by this Schedule had not been made.


 

Schedule 6OS‑HELP debts

  

Higher Education Support Act 2003

1  Subsection 137‑15(2)

Repeal the subsection, substitute:

             (2)  The amount of the *OS‑HELP debt is an amount equal to the amount of the loan.

2  Application

The amendment made by this Schedule applies in relation to OS‑HELP debts incurred on or after 1 January 2010.


 

Schedule 7Indexation

  

Higher Education Support Act 2003

1  Section 198‑20

Omit “The”, substitute “(1) Subject to subsections (2) and (3), the”.

2  At the end of section 198‑20

Add:

             (2)  For the purpose of applying section 198‑10 to the amounts specified in item 2 of the table in section 198‑5 for 2011, the index number is the Higher Education Student Contribution Amounts Index number for that year published by the Minister in the Gazette. Publication may occur at any time, including any time before the start of the year.

             (3)  For the purpose of applying section 198‑10 to the amounts specified in each item of the table in section 198‑5 for 2012, the index number for 2011 is taken to be 1.

             (4)  A notice in the Gazette specifying an index number is not a legislative instrument.