A Bill for an Act to amend legislation relating to higher education and research, and for other purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Higher Education and Research Reform Act 2014.
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 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedules 1 to 3 | 1 January 2016. | 1 January 2016 |
| 3. Schedule 4 | 1 July 2016. | 1 July 2016 |
| 4. Schedule 5, Part 1 | The day after this Act receives the Royal Assent. | |
| 5. Schedule 5, Parts 2 to 4 | 1 January 2016. | 1 January 2016 |
| 6. Schedule 6 | 1 January 2016. | 1 January 2016 |
| 7. Schedule 7 | 1 July 2015. | 1 July 2015 |
| 8. Schedule 8 | 1 January 2016. | 1 January 2016 |
| 9. Schedule 9 | The day after this Act receives the Royal Assent. | |
| 10. Schedules 9A and 10 | 1 January 2015. | 1 January 2015 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Deregulation, expansion of demand driven system and other measures
Part 1—Main amendments
Higher Education Support Act 2003
1 Paragraphs 3‑10(a) and (b)
Repeal the paragraphs, substitute:
(a) HECS‑HELP assistance for tuition fees;
2 Division 5
Repeal the Division, substitute:
Division 5—Application of Act to certain international providers
5‑1 Application of Act to certain international providers
International providers
(1) This section applies to a higher education provider that:
(a) was not established under the law of the Commonwealth, a State or a Territory; and
(b) does not have its central management and control in Australia.
The higher education provider is an international provider.
Note: Higher education providers covered by subsection 16‑5(1A) are international providers (though others might also be approved).
General application of Act
(2) A provision of this Act that is not listed in the table in subsection (3) or referred to in subsection (4) applies to:
(a) the *international provider; and
(b) the *Australian branch of the provider; and
(c) students undertaking or proposing to undertake units of study at the branch.
Modified application
(3) The provisions of this Act listed in the table apply to an *international provider in the way set out in the table.
| Application of Act to international providers |
| Item | Provision | Application |
| 1 | Subdivision 19‑C (Quality requirements) | Applies to the *Australian branch of the provider. However, *TEQSA may need to assess the overall performance of the provider as it relates to that branch. |
| 2 | Subdivision 19‑D (Fairness requirements) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 3 | Subdivision 19‑F (Tuition fee requirements) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 4 | Part 3‑2 (HECS‑HELP assistance) | Applies to eligible students of the *Australian branch of the provider, but only for units of study in which the students are enrolled at the Australian branch. |
| 5 | Part 3‑4 (OS‑HELP assistance) | Applies to eligible students of the *Australian branch of the provider. |
| 6 | Part 3‑5 (SA‑HELP assistance) | Applies to eligible students of the *Australian branch of the provider who are enrolled at the Australian branch in a *course of study or *bridging course for overseas‑trained professionals. |
| 7 | Chapter 4 (Repayment of loans) | Applies to the *Australian branch of the provider and to students undertaking, or students who undertook, units of study at that branch. |
| 8 | Part 5‑2 (Administrative requirements on higher education providers) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 9 | Part 5‑3 (Electronic communications) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 10 | Part 5‑4 (Management of information) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 11 | Part 5‑5 (Tax file numbers) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
| 12 | Part 5‑7 (Review of decisions) | Applies to the *Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch. |
Provisions that do not apply to international providers
(4) Schedule 1A (VET FEE‑HELP Assistance Scheme) does not apply to:
(a) an *international provider; or
(b) the *Australian branch of the international provider; or
(c) students in their capacity as students of that provider or of that branch.
3 Section 13‑1
Repeal the section, substitute:
13‑1 Simplified outline of this Part
Generally, a body corporate must be a higher education provider as defined in this Part before:
(a) it can receive grants under this Chapter; or
(b) its students can receive assistance under Chapter 3.
A body corporate is a higher education provider as defined in this Part if the Minister approves it or if it is automatically treated as having been approved. All must be registered higher education providers as defined in the TEQSA Act.
A body corporate’s status (including an automatic status) as a higher education provider can be revoked in circumstances such as a breach of a quality and accountability requirement.
4 Division 16 (heading)
Repeal the heading, substitute:
Division 16—Higher education providers
5 Section 16‑1
Repeal the section, substitute:
16‑1 Meaning of higher education provider
A higher education provider is a *registered higher education provider that is approved under this Division.
Note: A registered higher education provider has the same meaning as in the TEQSA Act. Under that Act, only a regulated entity may apply to become a registered higher education provider (see section 18 of that Act). A regulated entity is defined to mean:
(a) a constitutional corporation (meaning a corporation to which paragraph 51(xx) of the Constitution applies); or
(b) a corporation established by or under a law of the Commonwealth or a Territory; or
(c) a person who conducts activities in a Territory.
6 Subsections 16‑5(1A) and (2)
Repeal the subsections, substitute:
(1A) A body corporate that was a Table C provider immediately before the commencement of Schedule 1 to the Higher Education and Research Reform Act 2014 is taken to be approved as a higher education provider from the commencement of that Schedule. However, this subsection does not prevent the provider from ceasing to be a higher education provider as referred to in subsection (3).
(2) A body corporate that is not a higher education provider within the meaning of this Act becomes a higher education provider if approved by the Minister under section 16‑25.
7 Section 16‑22
Repeal the section.
8 Paragraph 16‑25(1)(a)
Repeal the paragraph, substitute:
(a) the body is a *registered higher education provider; and
9 Paragraphs 16‑25(1)(b), (da) and (db)
Repeal the paragraphs.
10 After subsection 16‑25(2)
Insert:
(2A) Despite subsection (3), the Minister may be satisfied that a person is a fit and proper person if *TEQSA advises the Minister that the person is a fit and proper person.
11 Section 16‑27
Repeal the section.
12 Paragraph 19‑1(f)
Omit “*compact and academic freedom requirements”, substitute “*academic freedom requirements”.
13 At the end of Subdivision 19‑A of Division 19
Add:
19‑2 TEQSA’s role
The Minister may have regard to the advice or recommendations of *TEQSA on any matter relating to the *quality and accountability requirements, including whether a higher education provider is willing and able to meet, or meets, those requirements.
14 Section 19‑12
Omit “must”, substitute “may”.
15 Subsections 19‑35(4) and (5)
Repeal the subsections.
16 Paragraph 19‑45(1)(c)
Repeal the paragraph, substitute:
(c) a review procedure for dealing with review of decisions made by the provider relating to assistance under Chapter 3.
17 Subsection 19‑45(4)
Repeal the subsection, substitute:
Guidelines may provide for matters relating to reviews
(4) The Higher Education Provider Guidelines may provide for matters relating to reviews of decisions made by higher education providers relating to assistance under Chapter 3, including procedures that are to be followed by *review officers when reviewing those decisions.
18 Section 19‑50
Repeal the section, substitute:
19‑50 Higher education providers to appoint review officers
(1) A higher education provider must appoint a *review officer to undertake reviews of decisions made by the provider relating to assistance under Chapter 3.
Note: The Secretary may delegate to the review officer the power to reconsider decisions of the provider under Division 209—see subsection 238‑1(2).
(2) A review officer of a higher education provider is a person, or a person included in a class of persons, whom:
(a) the chief executive officer of the provider; or
(b) a delegate of the chief executive officer of the provider;
has appointed to be a review officer of the provider for the purposes of reviewing decisions made by the provider relating to assistance under Chapter 3.
19 Subsection 19‑60(1)
Omit “section 36‑20 or”.
20 Subsection 19‑70(3)
Repeal the subsection.
21 Subdivision 19‑F of Division 19 (heading)
Repeal the heading, substitute:
Subdivision 19‑F—The tuition fee requirements
22 Sections 19‑85 to 19‑100
Repeal the sections, substitute:
19‑85 Basic requirements
(1) A higher education provider must charge any *tuition fees it charges students:
(a) in relation to units of study; and
(b) in accordance with this Act.
(2) A higher education provider that charges a *domestic student a *tuition fee for a unit of study must issue the student with an invoice specifying the fee.
(3) The invoice, and the issue of the invoice, must comply with any requirements prescribed by the Administration Guidelines.
19‑100 Limits on fees for courses of study
A higher education provider must not charge a *domestic student a *fee for a *course of study that exceeds the sum of the student’s *tuition fees for all of the units of study undertaken with the provider by the student as part of the course.
23 Paragraph 19‑102(3)(d)
Repeal the paragraph.
24 Paragraph 19‑102(3)(f)
Omit “provider; or”, substitute “provider.”.
25 Paragraph 19‑102(3)(g)
Repeal the paragraph.
26 Section 19‑105
Repeal the section, substitute:
19‑105 Meaning of tuition fee
A *fee charged to a student by a higher education provider is a tuition fee for a unit of study to the extent to which the fee is directly in respect of the provision of the unit.
27 Subdivision 19‑G of Division 19 (heading)
Repeal the heading, substitute:
Subdivision 19‑G—The academic freedom requirements
28 Section 19‑110
Repeal the section.
29 Subsections 22‑10(1), (3) and (5)
Repeal the subsections.
30 After subsection 22‑17(1)
Insert:
(1A) Despite subsection (2), the Minister may be satisfied that a person is not a fit and proper person if *TEQSA advises the Minister that the person is not a fit and proper person.
31 Section 27‑1 (note)
Repeal the note.
32 Section 27‑5
Repeal the section, substitute:
27‑5 Guidelines
The grants payable under this Part are also dealt with in the Commonwealth Grant Scheme Guidelines. The provisions of this Part indicate when a particular matter is, or may be, dealt with in these Guidelines.
Note: The Commonwealth Grant Scheme Guidelines are made by the Minister under section 238‑10.
33 Section 30‑1
Repeal the section, substitute:
30‑1 Eligibility for grants
A grant under this Part is payable, as a benefit to students, to a higher education provider in respect of a year, if there is a funding agreement under section 30‑25 between the provider and the Commonwealth in respect of a period that includes that year.
34 Subsection 30‑10(1)
Repeal the subsection, substitute:
(1) Before the commencement of a year, the Minister may, for that year, allocate a specified *number of Commonwealth supported places to a higher education provider in relation to *designated courses of study.
35 Subsection 30‑10(4)
Repeal the subsection.
36 Subsection 30‑12(1)
Omit “in relation to a *Table A provider”.
37 After paragraph 30‑12(1)(b)
Insert:
(ba) *enabling courses;
38 Sections 30‑15 and 30‑20
Repeal the sections.
39 Paragraphs 30‑25(3)(cb) and (e)
Repeal the paragraphs.
40 At the end of subsection 30‑25(3)
Add:
; and (h) requirements in relation to participation in surveys of student satisfaction, employer satisfaction and graduate outcomes; and
(i) requirements in relation to information that the provider must make publicly available.
41 Section 30‑27
Repeal the section, substitute:
30‑27 Funding agreement may specify maximum basic grant amounts
(1) A funding agreement may specify a maximum basic grant amount payable to a higher education provider for a grant year for:
(a) *designated courses of study; and
(b) *non‑designated courses of study.
(2) The *maximum basic grant amount for a higher education provider for *designated courses of study must not be less than the amount worked out under subsection 33‑5(3) for the provider for the grant year.
(3) The *maximum basic grant amount for a higher education provider for *non‑designated courses of study must not be less than:
(a) if a maximum basic grant amount was specified in the provider’s funding agreement for the preceding year for non‑designated courses of study—that specified amount; or
(b) if a maximum basic grant amount was not specified in the provider’s funding agreement for the preceding year for non‑designated courses of study—the amount worked out under paragraph 33‑5(4)(a) for the provider for the preceding year.
42 Subparagraph 33‑1(1)(b)(iii)
Omit “year; and”, substitute “year.”.
43 Subparagraphs 33‑1(1)(b)(iv) and (v)
Repeal the subparagraphs.
44 Section 33‑5
Repeal the section, substitute:
33‑5 Basic grant amounts
(1) The basic grant amount for a higher education provider for a year is the sum of:
(a) the amount for *designated courses of study (see subsection (2)); and
(b) the amount for *non‑designated courses of study (see subsections (4) and (5)).
Amount for designated courses of study
(2) For the purposes of paragraph (1)(a), the amount for *designated courses of study is the lesser of:
(a) the sum of the amounts worked out, for each *funding cluster in which the provider has provided places in designated courses of study, by multiplying:
(i) the *number of Commonwealth supported places provided by the provider in designated courses of study in that funding cluster; by
(ii) the *Commonwealth contribution amount for a place in that funding cluster; and
(b) either:
(i) if there is a *maximum basic grant amount specified in the provider’s funding agreement for designated courses of study—that specified amount; or
(ii) if there is no maximum basic grant amount specified in the provider’s funding agreement for designated courses of study—the amount worked out under subsection (3).
(3) For the purposes of subparagraph (2)(b)(ii), the amount is the sum of the amounts worked out, for each *funding cluster to which the Minister has allocated places to the provider under section 30‑10, by multiplying:
(a) the *number of Commonwealth supported places allocated to that funding cluster; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Amount for *non‑designated courses of study
(4) For the purposes of paragraph (1)(b) and subject to subsection (5), the amount for *non‑designated courses of study is the lesser of:
(a) the sum of the amounts worked out, for each *funding cluster in which the provider has provided places in non‑designated courses of study, by multiplying:
(i) the *number of Commonwealth supported places provided by the provider in non‑designated courses of study in that funding cluster; by
(ii) the *Commonwealth contribution amount for a place in that funding cluster; and
(b) the *maximum basic grant amount specified in the provider’s funding agreement in relation to non‑designated courses of study.
(5) If a *maximum basic grant amount is not specified in the provider’s funding agreement in relation to *non‑designated courses of study, the amount for non‑designated courses of study is the amount worked out under paragraph (4)(a).
45 Section 33‑10
Repeal the section, substitute:
33‑10 Commonwealth contribution amounts
The Commonwealth contribution amount, for a place in a *funding cluster, is:
(a) for a place provided by a higher education provider registered under the *TEQSA Act in a provider category that permits the use of the word “university”—the amount specified in the table for the cluster the place is in; or
(b) otherwise—the amount specified in the table for the cluster the place is in, multiplied by 0.70 and rounded down to the nearest dollar.
| Commonwealth contribution amount |
| Item | Funding cluster | Commonwealth contribution amount |
| 1 | Law, Accounting, Administration, Economics, Commerce | $1,805 |
| 2 | Humanities, Social Studies, Communications | $6,021 |
| 3 | Computing, Built Environment, Education, Creative Arts, Behavioural Science, Welfare Studies, Other Health | $9,033 |
| 4 | Engineering, Science, Surveying, Environmental Science, Allied Health, Nursing, Clinical Psychology, Foreign Languages | $12,045 |
| 5 | Agriculture, Medicine, Dentistry, Veterinary Science | $18,067 |
Note: Commonwealth contribution amounts are indexed under Part 5‑6.
46 Section 36‑5
Repeal the section, substitute:
36‑5 Meaning of Commonwealth supported student
A person is a Commonwealth supported student, in relation to a unit of study, if:
(a) the higher education provider with which he or she is enrolled in that unit has advised the person in writing that he or she is a Commonwealth supported student:
(i) in relation to the unit; or
(ii) if the person is undertaking a *course of study with the provider of which the unit forms a part—in relation to that course of study; and
(b) the provider was not prohibited from so advising the person under section 36‑10; and
(c) at the end of the *census date for the unit, the person is not prevented from being a Commonwealth supported student under section 36‑15.
47 Paragraph 36‑10(1)(e)
Repeal the paragraph, substitute:
(e) the person enrolled in the unit on or before the *census date for the unit.
48 Subsections 36‑10(3), (4), (5), (7), (8), (9) and (10)
Repeal the subsections.
49 Section 36‑15 (heading)
Repeal the heading, substitute:
36‑15 Persons prevented from being Commonwealth supported
50 Subsections 36‑15(1A) and (1)
Repeal the subsections, substitute:
(1) Despite any advice given to a person by a higher education provider, the person is not a *Commonwealth supported student in relation to a unit of study if the person is not enrolled in the unit at the end of the *census date for the unit.
(1A) Despite any advice given to a person by a higher education provider, the person is not a *Commonwealth supported student in relation to a unit of study if the person has not done both of the following on or before the *census date for the unit:
(a) completed, and signed, a *request for Commonwealth assistance in relation to the unit or, where the unit forms part of a *course of study undertaken with the provider, in relation to the course of study;
(b) given it to an *appropriate officer of the provider.
(1B) Despite any advice given to a person by a higher education provider, the person is not a *Commonwealth supported student in relation to a unit of study if:
(a) the unit contributes to the requirements of a *course of study; and
(b) the course of study is, or is to be, undertaken by the person primarily at an overseas campus.
(1C) Despite any advice given to a person by a higher education provider, the person is not a *Commonwealth supported student in relation to a unit of study if:
(a) the enrolment is in an *employer reserved place; or
(b) the unit forms part of a *bridging course for overseas‑trained professionals; or
(c) the unit forms part of a course to which a determination under subsection (2) applies.
(1D) Despite any advice given to a person by a higher education provider, the person is not a *Commonwealth supported student in relation to a unit of study if he or she notifies an *appropriate officer of the provider, in writing on or before the *census date for the unit, that he or she does not wish to be a Commonwealth supported student in relation to the unit.
51 Sections 36‑20 to 36‑24C
Repeal the sections.
52 Subdivision 36‑C of Division 36 (heading)
Repeal the heading.
53 Paragraph 36‑25(1)(b)
Repeal the paragraph, substitute:
(b) the provider is not prohibited under section 36‑10 from so advising the person.
54 Subsection 36‑25(2)
Omit “*Table A”, substitute “higher education”.
55 Subsection 36‑25(2)
Omit “Table A”, substitute “higher education”.
56 Paragraph 36‑25(2)(c)
Repeal the paragraph, substitute:
(c) the host provider is not prohibited under section 36‑10 from so advising the person.
57 Subsection 36‑25(3)
Omit “subparagraph 36‑5(1)(a)(ii)”, substitute “subparagraph 36‑5(a)(ii)”.
58 Sections 36‑30 and 36‑40
Repeal the sections, substitute:
36‑30 Providers to enrol persons as Commonwealth supported students
(1) If:
(a) a person is to be enrolled with a higher education provider in a unit of study; and
(b) the unit forms part of an *undergraduate course of study; and
(c) the provider is not prohibited under section 36‑10 from advising the person that he or she is a *Commonwealth supported student in relation to the unit;
the provider must advise the person that he or she is a Commonwealth supported student in relation to the unit.
(2) Subsection (1) does not apply in relation to an *undergraduate course of study that the Minister, by legislative instrument, determines is a *course of study to which subsection (1) does not apply.
59 Subdivision 36‑D of Division 36
Repeal the Subdivision.
60 Section 36‑55
Repeal the section, substitute:
36‑55 Conditions relating to tuition fees
(1) A higher education provider must charge any *tuition fees it charges persons who are not *Commonwealth supported students in accordance with the requirements prescribed by the Commonwealth Grant Scheme Guidelines.
(2) A higher education provider must not charge a *Commonwealth supported student a *tuition fee for a unit of study the student undertakes as part of an *enabling course.
61 Section 41‑1 (note)
Repeal the note.
62 Section 41‑10
Repeal the section, substitute:
41‑10 Eligibility for grants under this Part
(1) Subject to subsections (2) and (3), a body corporate is eligible for grants under this Part in respect of a year for any of the following purposes:
(a) to promote equality of opportunity in higher education;
(b) to promote the productivity of higher education providers;
(c) to support national institutes specified in the Other Grants Guidelines for the purposes of this paragraph;
(d) to support the capital development projects of higher education providers;
(e) to assist with the cost of higher education providers’ superannuation liabilities;
(f) to support research by, and the research capability of, higher education providers;
(g) to support the training of research students;
(h) to foster collaboration in higher education;
(i) to foster structural adjustment or reform in higher education;
(j) for activities that:
(i) assure and enhance the quality of Australia’s higher education sector; or
(ii) foster an understanding of the importance of, or promote research and scholarship in, science, social science or the humanities in Australia; or
(iii) support open access to higher education across Australia.
(2) The Other Grants Guidelines may prescribe matters relating to eligibility to receive a grant for a purpose specified in subsection (1). If the Guidelines do so, a body corporate is not eligible to receive such a grant except in accordance with the Guidelines.
(3) If the Other Grants Guidelines:
(a) specify a program under which grants for a particular purpose specified in subsection (1) are to be paid; and
(b) specify extra conditions of eligibility to receive a grant under the program;
then a body corporate is not eligible for such a grant unless it complies with those extra conditions.
63 Subsection 41‑15(1)
Omit “the table in”.
64 Subsection 41‑50(1)
Omit “the table in section 41‑10”, substitute “subsection 41‑10(1)”.
65 Section 46‑1 (note)
Repeal the note.
66 Paragraph 46‑13(c)
Repeal the paragraph, substitute:
(c) a student of a higher education provider that has a funding agreement with the Commonwealth under section 30‑25 satisfies those requirements; and
67 Section 46‑15
Repeal the section, substitute:
46‑15 Eligibility of higher education providers to receive grants for certain Commonwealth scholarships
(1) Subject to subsection (3), higher education providers that have a funding agreement with the Commonwealth under section 30‑25 are eligible to receive a grant from the Commonwealth to pay, as a benefit to students, indirectly‑paid standard *Commonwealth scholarships to their students.
(2) Subject to subsection (3), *Table A providers, and higher education providers that are registered under the *TEQSA Act in a provider category that permits the use of the word “university”, are eligible to receive a grant from the Commonwealth to pay, as a benefit to students, postgraduate research *Commonwealth scholarships.
(3) The Commonwealth Scholarship Guidelines may prescribe matters relating to eligibility to receive a grant referred to in subsection (1) or (2). If the Guidelines do so, a higher education provider is not eligible to receive such a grant except in accordance with the Guidelines.
(4) A provider that is eligible to receive a grant under subsection (1) or (2) is an eligible scholarship provider.
68 Section 51‑1 (note)
Repeal the note.
69 Section 65‑1
Repeal the section, substitute:
65‑1 Simplified outline of this Chapter
The Commonwealth provides 3 kinds of assistance to students:
(a) HECS‑HELP assistance—to meet a student’s liability to pay tuition fees for units of study; and
(b) OS‑HELP assistance—for a student who, as part of his or her course of study, is to study overseas; and
(c) SA‑HELP assistance—for a student on whom a student services and amenities fee is imposed.
The Commonwealth pays the assistance to the relevant higher education provider, either (in the case of HECS‑HELP assistance and SA‑HELP assistance) to discharge the student’s liability or (in the case of OS‑HELP assistance) to pay to students on the Commonwealth’s behalf.
The assistance is in the form of a loan from the Commonwealth to the student (Chapter 4 deals with repayment of loans).
70 Section 87‑1
Repeal the section, substitute:
87‑1 Simplified outline of this Part
A student may be entitled to HECS‑HELP assistance for units of study if certain requirements are met.
The amount of assistance to which the student may be entitled is based on the student’s tuition fees for the units, less any up‑front payments. The assistance is paid to a higher education provider or, if the student accesses units through Open Universities Australia, that body, to discharge the student’s liability to pay his or her tuition fees.
Amounts of assistance may form part of a person’s HELP debts that the Commonwealth recovers under Part 4‑2.
71 Section 87‑5 (note 1)
Omit “Note 1”, substitute “Note”.
72 Section 87‑5 (note 2)
Repeal the note.
73 Divisions 90 to 96
Repeal the Divisions.
74 Part 3‑3 (heading)
Repeal the heading.
75 Division 101
Repeal the Division.
76 Division 104 (heading)
Repeal the heading, substitute:
Division 104—Who is entitled to HECS‑HELP assistance?
77 Section 104‑1 (heading)
Repeal the heading, substitute:
104‑1 Entitlement to HECS‑HELP assistance
78 Subsection 104‑1(1)
Omit “*FEE‑HELP” (first occurring), substitute “*HECS‑HELP”.
79 Paragraphs 104‑1(1)(b), (c) and (d)
Repeal the paragraphs, substitute:
(c) the *census date for the unit is on or after the 1 January on which this paragraph commences; and
80 Subsection 104‑1(2)
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
81 Section 104‑2
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
82 Section 104‑3 (heading)
Repeal the heading, substitute:
104‑3 Failure by Open Universities Australia to comply with HECS‑HELP Guidelines etc.
83 Subsection 104‑3(1)
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
84 Subsections 104‑3(1) and (2)
Omit “FEE‑HELP Guidelines”, substitute “HECS‑HELP Guidelines”.
85 Paragraph 104‑3(2)(f)
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
86 Subsection 104‑3(3)
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
87 Section 104‑4 (heading)
Repeal the heading, substitute:
104‑4 Open Universities Australia’s obligations in relation to tuition fees and census dates
88 Subsection 104‑4(1)
Omit “FEE‑HELP Guidelines”, substitute “HECS‑HELP Guidelines”.
89 Subsections 104‑4(2), (2AA) and (2A)
Repeal the subsections, substitute:
(2) *Open Universities Australia must charge any *tuition fees it charges students:
(a) in relation to units of study; and
(b) in accordance with this Act.
(2A) If *Open Universities Australia charges a student a *tuition fee for a unit of study during the period, it must issue the student with an invoice specifying the fee.
(2B) The invoice, and the issue of the invoice, must comply with any requirements prescribed by the HECS‑HELP Guidelines.
90 Subparagraphs 104‑4(5A)(a)(i) and (ii)
Omit “FEE‑HELP Guidelines”, substitute “HECS‑HELP Guidelines”.
91 Subsection 104‑4(6)
Repeal the subsection, substitute:
Consequence of failure to set census date
(6) If *Open Universities Australia does not determine a *census date in accordance with subsection (5) for the unit for the period, no student to whom Open Universities Australia provides access to the unit for that period is entitled to *HECS‑HELP assistance for the unit.
92 Subsections 104‑10(1) and (2)
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
93 Paragraph 104‑10(2)(b)
Omit “FEE‑HELP”, substitute “HECS‑HELP”.
94 Subdivision 104‑B of Division 104 (heading)
Repeal the heading, substitute:
Subdivision 104‑B—Provider repayment of HECS‑HELP assistance
95 Sections 104‑15 to 104‑27
Repeal the sections, substitute:
104‑25 Provider repayment of HECS‑HELP assistance—special circumstances
(1) A higher education provider must, on the *Secretary’s behalf, determine that this subsection applies to a person if:
(a) the person has been enrolled in a unit of study with the provider; and
(b) access to the unit was not provided by *Open Universities Australia; and
(c) the person received *HECS‑HELP assistance for the unit; and
(d) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake the unit; and
(e) the provider is satisfied that special circumstances apply to the person (see section 104‑30); and
(f) the person applies in writing to the provider for the remission of the person’s *HECS‑HELP debt in relation to the unit; and
(g) either:
(i) the application is made before the end of the application period under section 104‑35; or
(ii) the provider, on request made no later than 2 years after the end of that period, waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
Note: If this subsection applies, the HECS‑HELP debt of the person is remitted (see subsection 137‑10(4)) and the provider must repay the amount of the HECS‑HELP assistance to the Commonwealth (see section 110‑5).
(2) *Open Universities Australia must, on the *Secretary’s behalf, determine that this subsection applies to a person if:
(a) Open Universities Australia provided the person with access to a unit of study; and
(b) the person received *HECS‑HELP assistance for the unit; and
(c) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and
(d) Open Universities Australia is satisfied that special circumstances apply to the person (see section 104‑30); and
(e) the person applies in writing to Open Universities Australia for remission of the person’s *HECS‑HELP debt in relation to the unit; and
(f) either:
(i) the application is made before the end of the application period under section 104‑35; or
(ii) Open Universities Australia, on request made no later than 2 years after the end of that period, waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
Note: If this subsection applies, the HECS‑HELP debt of the person is remitted (see subsection 137‑10(4)) and Open Universities Australia must repay the amount of the HECS‑HELP assistance to the Commonwealth (see section 110‑5).
(3) If a higher education provider or *Open Universities Australia is unable to act for one or more of the purposes of subsection (1) or (2), or section 104‑30, 104‑35 or 104‑40, the *Secretary may act as if one or more of the references in those provisions to the provider or Open Universities Australia were a reference to the Secretary.
(4) If a determination made under this section is made in writing, the determination is not a legislative instrument.
96 Subsection 104‑30(1)
Omit “paragraph 104‑25(1)(c)”, substitute “paragraph 104‑25(1)(e)”.
97 Subsection 104‑30(2)
Repeal the subsection, substitute:
(2) The Administration Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (1)(a), (b) or (c). A decision of a higher education provider under this section must be in accordance with any such guidelines.
98 Subsection 104‑30(3)
Omit “paragraph 104‑25(2)(c)”, substitute “paragraph 104‑25(2)(d)”.
99 Paragraph 104‑35(1)(a)
Omit “104‑25(1)(d) for the re‑crediting of the person’s *FEE‑HELP balance”, substitute “paragraph 104‑25(1)(f)”.
100 Paragraph 104‑35(1A)(a)
Omit “104‑25(2)(d) for the re‑crediting of the person’s *FEE‑HELP balance”, substitute “104‑25(2)(e)”.
101 Paragraph 104‑40(1)(a)
Omit “104‑25(1)(d)”, substitute “104‑25(1)(f)”.
102 Paragraph 104‑40(1)(b)
After “provider”, insert “, on request made no later than 2 years after the end of that period,”.
103 Paragraph 104‑40(1A)(a)
Omit “104‑25(2)(d)”, substitute “104‑25(2)(e)”.
104 Paragraph 104‑40(1A)(b)
After “Australia”, insert “, on request made no later than 2 years after the end of that period,”.
105 Section 104‑42
Repeal the section, substitute:
104‑42 Provider repayment of HECS‑HELP assistance—provider ceases to provide course
(1) A higher education provider must, on the *Secretary’s behalf, determine that this subsection applies to a person if:
(a) the person has been enrolled in a unit of study with the provider; and
(b) the person received *HECS‑HELP assistance for the unit; and
(c) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and
(d) the *tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and
(e) the person chose the option designated under the tuition assurance requirements as tuition fee repayment in relation to the unit.
Note: If this subsection applies, the HECS‑HELP debt of the person is remitted (see subsection 137‑10(4)) and the provider must repay the amount of the HECS‑HELP assistance to the Commonwealth (see section 110‑5).
(2) If the provider is unable to make the determination referred to in subsection (1), the *Secretary may make the determination.
(3) If a determination made under this section is made in writing, the determination is not a legislative instrument.
106 Subsections 104‑55(1) and (3), 104‑60(1) and 104‑65(1)
Omit “FEE‑HELP Guidelines”, substitute “HECS‑HELP Guidelines”.
107 Division 107 (heading)
Repeal the heading, substitute:
Division 107—How are amounts of HECS‑HELP assistance worked out?
108 Section 107‑1
Repeal the section, substitute:
107‑1 The amount of HECS‑HELP assistance for a unit of study
The amount of *HECS‑HELP assistance to which a student is entitled for a unit of study is the difference between:
(a) the student’s *tuition fee for the unit; and
(b) the sum of any *up‑front payments made in relation to the unit.
109 Subsection 107‑5(1)
Repeal the subsection, substitute:
(1) An up‑front payment, in relation to a unit of study, is a payment of all or part of the student’s *tuition fee for the unit, other than a payment of *HECS‑HELP assistance under this Part.
110 Section 107‑10
Repeal the section.
111 Division 110 (heading)
Repeal the heading (not including the note), substitute:
Division 110—How are amounts of HECS‑HELP assistance paid?
112 Subsection 110‑1(1)
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
113 Paragraph 110‑1(1)(a)
Omit “FEE‑HELP”, substitute “HECS‑HELP”.
114 Subsection 110‑1(2)
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
115 Paragraph 110‑1(2)(a)
Omit “FEE‑HELP”, substitute “HECS‑HELP”.
116 Section 110‑5
Repeal the section, substitute:
110‑5 Repayment of HECS‑HELP assistance by providers
(1) A higher education provider must pay to the Commonwealth an amount equal to the amount of *HECS‑HELP assistance a person received for a unit of study with the provider if any of the following applies to the person in relation to the unit:
(a) subsection 104‑25(1) (special circumstances);
(b) subsection 104‑42(1) (course ceasing);
(c) subsection 193‑10(1) (no tax file number).
Note: The person’s HECS‑HELP debt in relation to the unit will also be remitted (see subsection 137‑10(4)).
(2) Subsection (1) does not apply to a higher education provider because of the application of subsection 104‑25(1) to the person in relation to the unit if the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *tuition assurance requirements.
(3) The Higher Education Provider Guidelines may, in setting out the *tuition assurance requirements, specify, in relation to circumstances to which subsection (2) of this section applies:
(a) the amount (if any) that is to be paid to the Commonwealth; and
(b) the person (if any) who is to pay the amount.
(4) *Open Universities Australia must pay to the Commonwealth an amount equal to the amount of *HECS‑HELP assistance a person received for a unit of study to which Open Universities Australia provided access if any of the following applies to the person in relation to the unit:
(a) subsection 104‑25(2) (special circumstances);
(b) subsection 193‑10(2) (no tax file number).
117 Section 129‑1
Omit “(which may attract a repayment bonus)”.
118 Section 134‑1
Omit “FEE‑HELP assistance,” (first occurring).
119 Paragraph 137‑1(b)
Repeal the paragraph.
120 Sections 137‑5 and 137‑10
Repeal the sections, substitute.
137‑10 HECS‑HELP debts
Incurring HECS‑HELP debts
(1) A person incurs a debt to the Commonwealth if, under section 110‑1, the Commonwealth:
(a) makes a loan to the person; and
(b) uses the amount lent to make a payment in discharge of the person’s liability to pay his or her *tuition fee for a unit of study.
The debt is a HECS‑HELP debt.
(2) The amount of the *HECS‑HELP debt is the amount of the loan.
When HECS‑HELP debts are incurred
(3) A *HECS‑HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person’s *tuition fee for the unit.
Remission of HECS‑HELP debts
(4) A person’s *HECS‑HELP debt in relation to a unit of study is taken to be remitted if any of the following applies to the person in relation to the unit (even if subsection 110‑5(2) applies to the provider in relation to the unit):
(a) subsection 104‑25(1) or (2) (special circumstances);
(b) subsection 104‑42(1) (course ceasing);
(c) subsection 193‑10(1) or (2) (no tax file number).
121 Subsection 140‑5(1) (example)
Omit “2011” (wherever occurring), substitute “2014”.
122 Subsection 140‑5(1) (example)
Omit “(which includes a voluntary repayment bonus of $25)”.
123 Subsection 140‑5(1) (example)
Omit “2012” (wherever occurring), substitute “2015”.
124 Subsection 140‑5(1) (example)
Omit “2010‑11”, substitute “2013‑14”.
125 Section 148‑1
Omit “In some cases these may attract a 5% repayment bonus.”.
126 Section 151‑5
Repeal the section.
127 Subparagraph 154‑55(1)(a)(i)
Omit “or *FEE‑HELP assistance”.
128 Paragraph 154‑55(2)(a)
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
129 Sections 169‑15 and 169‑20
Repeal the sections.
130 Subsection 187‑1(2)
Omit “or *FEE‑HELP assistance”.
131 Subsection 193‑1(1) (heading)
Repeal the heading, substitute:
Requests for HECS‑HELP assistance—requirements on higher education providers
132 Paragraph 193‑1(1)(c)
Omit “or *FEE‑HELP assistance”.
133 Subsection 193‑1(2A) (heading)
Repeal the heading, substitute:
Requests for HECS‑HELP assistance—requirements on Open Universities Australia
134 Paragraph 193‑1(2A)(c)
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
135 Subsection 193‑1(5)
Repeal the subsection, substitute:
Cases where there is no obligation to notify
(5) This section does not apply to a person if:
(a) the person, in the *request for Commonwealth assistance, requests *HECS‑HELP assistance, *OS‑HELP assistance or *SA‑HELP assistance, but the person is not entitled to the assistance; or
(b) the person, in the request for Commonwealth assistance, requests *HECS‑HELP assistance in relation to a unit of study, but one or more *up‑front payments for the unit have been made totalling 100% of the person’s *tuition fee for the unit.
Note: In the circumstances set out in paragraph (5)(b), the HECS‑HELP assistance would not involve any loan by the Commonwealth to the person.
136 Section 193‑5
Repeal the section.
137 Section 193‑10 (heading)
Repeal the heading, substitute:
193‑10 No entitlement to HECS‑HELP assistance for students without tax file numbers
138 Paragraph 193‑10(1)(e)
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
139 Subsection 193‑10(1) (note)
Repeal the note, substitute:
Note: If this subsection applies, the HECS‑HELP debt of the person is remitted (see subsection 137‑10(4)) and the provider must repay the amount of the HECS‑HELP assistance to the Commonwealth (see section 110‑5).
140 Paragraph 193‑10(2)(e)
Omit “*FEE‑HELP”, substitute “*HECS‑HELP”.
141 Subsection 193‑10(2) (note)
Repeal the note, substitute:
Note: If this subsection applies, the HECS‑HELP debt of the person is remitted (see subsection 137‑10(4)) and Open Universities Australia must repay the amount of the HECS‑HELP assistance to the Commonwealth (see section 110‑5).
142 Subsection 198‑5(1) (table items 3 and 4)
Repeal the items.
143 Section 206‑1 (table items 1A, 2 and 2A)
Repeal the items, substitute:
| 2 | A decision that subsection 104‑25(1) does not apply to a person in relation to a unit of study | section 104‑25 | (a) the higher education provider with whom the student is enrolled in the unit; or (b) if the *Secretary made the decision that the subsection does not apply—the Secretary |
| 2A | A decision that subsection 104‑25(2) does not apply to a person in relation to a unit of study | section 104‑25 | (a) *Open Universities Australia; or (b) if the *Secretary made the decision that the subsection does not apply—the Secretary |
144 Section 206‑1 (note 1)
Omit “1A,”.
145 Subsection 209‑1(2) (note 1)
Omit “section 36‑20 or”.
146 Subsection 238‑1(2)
Repeal the subsection, substitute:
(2) The *Secretary may, in writing, delegate to a *review officer of a higher education provider the Secretary’s powers under Division 209 to reconsider *reviewable decisions made by the provider relating to Chapter 3.
147 Subsection 238‑10(1) (table item 1)
Omit “section 36‑21”, substitute “section 104‑30”.
148 Subsection 238‑10(1) (table item 2)
Omit “; section 93‑10”.
149 Subsection 238‑10(1) (table items 4 and 11)
Repeal the items.
150 Subsection 238‑10(1A)
Omit “*Table C”, substitute “*international”.
151 Subclause 1(1) of Schedule 1
Insert:
academic freedom requirements are the requirements set out in Subdivision 19‑G.
152 Subclause 1(1) of Schedule 1 (definition of Australian branch)
Omit “a *Table C”, substitute “an *international”.
153 Subclause 1(1) of Schedule 1 (paragraph (a) of the definition of Australian branch)
Omit “body corporate that is listed in Table C in section 16‑23”, substitute “international provider”.
154 Subclause 1(1) of Schedule 1 (definition of Commonwealth contribution amount)
Repeal the definition, substitute:
Commonwealth contribution amount has the meaning given by section 33‑10.
155 Subclause 1(1) of Schedule 1 (definition of compact and academic freedom requirements)
Repeal the definition.
156 Subclause 1(1) of Schedule 1 (definition of eligible scholarship provider)
Omit “subsection 46‑15(3)”, substitute “subsection 46‑15(4)”.
157 Subclause 1(1) of Schedule 1 (definition of exempt student)
Repeal the definition.
158 Subclause 1(1) of Schedule 1 (definition of FEE‑HELP assistance)
Repeal the definition.
159 Subclause 1(1) of Schedule 1 (definition of FEE‑HELP balance)
Repeal the definition.
160 Subclause 1(1) of Schedule 1 (definition of FEE‑HELP debt)
Repeal the definition.
161 Subclause 1(1) of Schedule 1 (definition of FEE‑HELP limit)
Repeal the definition.
162 Subclause 1(1) of Schedule 1
Insert:
funding cluster means a group of disciplines set out together in an item of the table in section 33‑10 in the column headed “Funding cluster”.
163 Subclause 1(1) of Schedule 1 (definition of funding clusters)
Repeal the definition.
164 Subclause 1(1) of Schedule 1 (definition of HECS‑HELP debt)
Omit “137‑5”, substitute “137‑10”.
165 Subclause 1(1) of Schedule 1 (definition of HECS‑HELP discount)
Repeal the definition.
166 Subclause 1(1) of Schedule 1
Insert:
international provider has the meaning given by subsection 5‑1(1).
167 Subclause 1(1) of Schedule 1 (definition of maximum student contribution amount for a place)
Repeal the definition.
168 Subclause 1(1) of Schedule 1 (definition of national priority)
Repeal the definition.
169 Subclause 1(1) of Schedule 1 (paragraph (a) of the definition of request for Commonwealth assistance)
Repeal the paragraph, substitute:
(a) in relation to a person enrolling in a unit of study with a higher education provider (where access to the unit is not provided by *Open Universities Australia)—means a document, in the form approved by the Minister, in which the person requests the Commonwealth to provide assistance under this Act in relation to the unit or, where the unit forms part of a *course of study undertaken with the provider, in relation to the course of study; and
170 Subclause 1(1) of Schedule 1 (definition of student contribution amount)
Repeal the definition.
171 Subclause 1(1) of Schedule 1 (definition of student contribution amount for a place)
Repeal the definition.
172 Subclause 1(1) of Schedule 1 (definition of Table C provider)
Repeal the definition.
173 Subclause 1(1) of Schedule 1 (paragraph (b) of the definition of tuition fee)
Repeal the paragraph, substitute:
(b) in relation to a unit of study, access to which is provided by *Open Universities Australia—means a *fee charged to a student by Open Universities Australia to the extent to which the fee is directly in respect of the provision of the unit.
174 Subclause 1(1) of Schedule 1 (definition of up‑front payment)
Omit “section 93‑15 or”.
Tertiary Education Quality and Standards Agency Act 2011
175 At the end of subsection 158(3)
Add:
; and (d) the circumstances in which fees may be refunded.
176 Section 192
Repeal the section, substitute:
192 Disclosing information to the Minister and Secretary
(1) For the purposes of administering laws relating to higher education, TEQSA may disclose information covered by subsection (2) to:
(a) the Minister; or
(b) a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984; or
(c) the Secretary.
(2) This subsection covers the following information:
(a) higher education information;
(b) information that would be higher education information but for paragraph (c) of the definition of higher education information.
Note: This section allows TEQSA to disclose personal information (within the meaning of the Privacy Act 1988) for the purposes of administering a law relating to higher education.
Part 2—Application, saving and transitional provisions
Division 1—Introduction
177 Definitions
In this Part:
commencement day means the day this Schedule commences.
preserved funding student has the meaning given by item 178.
Division 2—Preserving certain funding arrangements
178 Preserved funding students
(1) If subitem (2), (3) or (4) applies in relation to a person at a time before 1 January 2021, the person is a preserved funding student for the purposes of this Part. No person can be a preserved funding student on or after 1 January 2021.
(2) This subitem applies in relation to a person at a time if:
(a) on 13 May 2014, the person was enrolled as a Commonwealth supported student in a unit that forms part of a course of study with a higher education provider; and
(b) at all times since 13 May 2014, the person has been either:
(i) enrolled as a Commonwealth supported student in a unit that forms part of a course of study with a higher education provider; or
(ii) on an approved break.
(3) This subitem applies in relation to a person at a time if:
(a) on or before 13 May 2014, the person accepted an offer from a higher education provider of a place as a Commonwealth supported student in a course of study; and
(b) as at 13 May 2014, either of the following applied:
(i) the provider had approved the person’s deferral of enrolment in the course;
(ii) the person had enrolled as a Commonwealth supported student in a unit that formed part of the course and was on an approved break; and
(c) at all times since 13 May 2014, the person has been either:
(i) enrolled as a Commonwealth supported student in a unit that forms part of a course of study with a higher education provider; or
(ii) on an approved break.
(4) This subitem applies in relation to a person if:
(a) as at 13 May 2014:
(i) the person had accepted an offer from a higher education provider of a place as a Commonwealth supported student in a course of study; and
(ii) the period for enrolment in the course of study had not ended; and
(b) before the end of that period, the person enrolled as a Commonwealth supported student in one or more units that formed part of the course of study; and
(c) at all times since the person did so, the person has been either:
(i) enrolled as a Commonwealth supported student in a unit that forms part of a course of study with a higher education provider; or
(ii) on an approved break.
(5) A person is on an approved break at a time for the purposes of this item if any of the following applies at the time:
(a) a higher education provider has formally approved the person’s taking leave from a course of study and the approval is in effect;
(b) the only reason the person is not currently enrolled in a unit of study with a higher education provider is that the time is not during the provider’s standard academic periods;
(c) the person completed a course of study with a higher education provider less than 12 months ago and intends to begin another course of study that has not yet commenced;
(d) the person meets the requirements in the Administration Guidelines made under the Higher Education Support Act 2003.
(6) The Administration Guidelines made under the Higher Education Support Act 2003 may prescribe requirements for the purposes of paragraph (5)(d).
179 Transitional provision to cap fees
(1) If a preserved funding student is enrolled with a higher education provider in a unit of study as a Commonwealth supported student, the provider must not charge, as the person’s tuition fee for the unit, an amount that exceeds the amount worked out as follows:
(2) The maximum student contribution amount for a place in a unit of study is the amount that would have been the maximum student contribution amount for a place in that unit under section 93‑10 of the Higher Education Support Act 2003 if:
(a) section 93‑10 of that Act, and the funding clusters mentioned in the table in that section, as in force immediately before the commencement day were still in force; and
(b) the amounts mentioned in Column 2 of the table in that section had been indexed and replaced on each 1 January on and after 1 January 2016 in accordance with Part 5‑6 of that Act as in force on the relevant 1 January.
(3) Except as provided by subitem (2), an expression that is used in the Higher Education Support Act 2003 has the same meaning in this item as in that Act. This subitem does not affect the operation of section 11B of the Acts Interpretation Act 1901 in relation to other items of this Schedule.
180 Transitional provision to preserve funding
(1) In working out the basic grant amount for a higher education provider for a year for the purposes of Division 33 of the Higher Education Support Act 2003, use the Commonwealth contribution amount in subitem (2) in relation to places in a funding cluster that are provided to preserved funding students.
(2) For the purposes of subitem (1), the Commonwealth contribution amount for a place in a funding cluster is the amount that, under subitem (3), is taken to be specified in the following table.
| Commonwealth contribution amount: preserved funding students |
| Item | Funding cluster | Commonwealth contribution amount |
| 1 | Law, Accounting, Administration, Economics, Commerce | $1,961 |
| 2 | Humanities | $5,447 |
| 3 | Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health | $9,637 |
| 4 | Education | $10,026 |
| 5 | Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts | $11,852 |
| 6 | Nursing | $13,232 |
| 7 | Engineering, Science, Surveying | $16,850 |
| 8 | Dentistry, Medicine, Veterinary Science, Agriculture | $21,385 |
(3) On 1 January 2016 and each subsequent 1 January, an amount specified in the table is to be indexed under Part 5‑6 of the Higher Education Support Act 2003, as if it were an amount referred to in the table in section 198‑5 of that Act. The indexed amount (or if the amount is not indexed because its indexation factor is 1 or less, the unindexed amount) is taken to be the amount specified in the table on and from that 1 January.
(4) Commonwealth Grant Scheme Guidelines made for the purposes of section 33‑35 of the Higher Education Support Act 2003 and in force immediately before the commencement day continue to have effect for the purposes of subitem (1).
(5) Except as provided by subitem (2), an expression that is used in the Higher Education Support Act 2003 has the same meaning in this item as in that Act. This subitem does not affect the operation of section 11B of the Acts Interpretation Act 1901 in relation to other items of this Schedule.
Division 3—Other application, saving and transitional provisions
181 Tuition fee requirements
(1) The following amendments made by this Schedule apply in relation to units of study that have a census date on or after the commencement day:
(a) the amendments of Subdivision 19‑F of Division 19 of the Higher Education Support Act 2003;
(b) the amendments made by item 89.
(2) Section 19‑100 of the Higher Education Support Act 2003 as amended by this Schedule applies on and after the commencement day in relation to a course of study that a student was undertaking, but had not completed, immediately before that day, as if the reference to the sum of the student’s tuition fees for units of study undertaken by the student included a reference to the student’s student contribution amounts (if any) for units of study that had a census date before the commencement day.
182 Savings provision in relation to student contribution/tuition fee repayment option
A reference in the Higher Education Support Act 2003 to a person choosing the option designated under the tuition assurance requirements as tuition fee repayment in relation to a unit of study includes a reference to the option designated under those requirements as student contribution/tuition fee repayment.
183 Grants
The amendments of Divisions 30, 33, 41 and 46 of the Higher Education Support Act 2003 made by this Schedule apply in relation to years commencing on and after the commencement day.
184 Indexation of Commonwealth contribution amounts under Part 5‑6
A Commonwealth contribution amount referred to in section 33‑10 of the Higher Education Support Act 2003 as amended by this Schedule is not to be indexed on 1 January 2016.
185 Commonwealth supported students
(1) The Minister may, before the commencement day, allocate places under section 30‑10 of the Higher Education Support Act 2003 for the year beginning on the commencement day, in accordance with that section as it will be in force on that day.
(2) The amendments of Division 36 of the Higher Education Support Act 2003 made by this Schedule apply in relation to units of study that have a census date on or after the commencement day.
186 Transitional provision for bodies currently eligible for grants under section 41‑10
(1) This item applies to a body corporate if, immediately before the commencement day, the body corporate was specified in the Other Grants Guidelines for the purposes of an item of the table in subsection 41‑10(1) of the Higher Education Support Act 2003.
(2) Despite the repeal of the table, the body corporate continues to be eligible for a grant under subsection 41‑10(1) of the Act as amended by this Schedule for an equivalent purpose, until the Minister amends the Other Grants Guidelines in a way that prevents the body corporate from being eligible for a grant for the purpose.
187 Transitional provision for bodies currently ineligible for grants under section 41‑10
(1) This item applies to a body corporate if, immediately before the commencement day, the body corporate was not eligible for a grant for a purpose specified in an item of the table in subsection 41‑10(1) of the Higher Education Support Act 2003.
(2) Despite the amendments of that section made by this Schedule, the body corporate continues not to be eligible for a grant under that section for an equivalent purpose, until the Minister amends the Other Grants Guidelines in a way that allows the body corporate to be eligible for a grant for the purpose.
188 Transitional provision about eligibility for section 46‑15 Commonwealth scholarship grants
(1) This item applies to a higher education provider if, immediately before the commencement day, the provider was not eligible to receive a grant of a kind referred to in section 46‑15 of the Higher Education Support Act 2003.
(2) Despite the amendments of that section made by this Schedule, the provider continues not to be eligible to receive such a grant, until the Minister amends the Commonwealth Scholarship Guidelines in a way that allows the provider to be eligible for such a grant.
189 HELP loan amendments
(1) The following amendments made by this Schedule apply in relation to assistance for units of study that have a census date on or after the commencement day:
(a) the repeal of Divisions 90 to 96 of the Higher Education Support Act 2003;
(b) the amendments of Division 104;
(c) the amendments of Division 107;
(d) the amendments of Division 110;
(e) the amendments of Division 137.
(2) A HELP debt incurred and not discharged before the commencement day continues to be a HELP debt for the purposes of the operation of Part 4‑1 of the Higher Education Support Act 2003 on and after that day.
190 HELP assistance given before commencement
(1) The Higher Education Support Act 2003 applies on and after the commencement day as if a reference in a provision of the Act specified in subitem (2) to HECS‑HELP assistance included a reference to:
(a) HECS‑HELP assistance under Part 3‑2 of the Act as in force before the commencement day; and
(b) FEE‑HELP assistance under Part 3‑3 of the Act as in force before the commencement day.
(2) For the purposes of subitem (1), the provisions are the following:
(a) section 104‑25;
(b) section 104‑42;
(c) section 110‑5;
(d) section 154‑55;
(e) section 193‑10.
(3) The Higher Education Support Act 2003 applies on and after the commencement day as if a reference in subsection 137‑10(4) of that Act to a HECS‑HELP debt in relation to a unit of study included a reference to:
(a) a HECS‑HELP debt incurred before the commencement day; and
(b) a FEE‑HELP debt incurred before the commencement day.
(4) If, immediately before the commencement day, a valid application had been made under section 36‑20 or 104‑25 of the Higher Education Support Act 2003 but not determined, the application is to be determined after the commencement day in accordance with the Act as amended by this Schedule, as if the application had been made under section 104‑25 as amended.
(5) Subparagraph 104‑25(2)(f)(ii) of the Higher Education Support Act 2003 as amended by this Schedule applies in relation to circumstances that occurred, and periods that began, before, on or after the commencement day.
191 Reviewable decisions made before commencement day
(1) If, before the commencement day, a decision referred to in item 1A, 2 or 2A of the table in section 206‑1 of the Higher Education Support Act 2003 was made, then, after the commencement day, the following decision is taken to have been made instead of the decision that was actually made:
(a) for a decision referred to in item 1A or 2 of the table—a decision that subsection 104‑25(1) does not apply to the person;
(b) for a decision referred to in item 2A of the table—a decision that subsection 104‑25(2) does not apply to the person.
(2) Item 190 of this Schedule applies in relation to the decision that is taken to have been made.
(3) Subitem (1) does not have the effect of changing the day the original decision was made.
192 Savings provision in relation to section 36‑21 guidelines
Administration Guidelines made for the purposes of section 36‑21 of the Higher Education Support Act 2003 and in force immediately before the commencement day continue to have effect after the commencement day as if they had been made for the purposes of subsection 104‑30(2) of that Act. The Guidelines as continued by this item may be amended or repealed as if they were Guidelines made under section 238‑10 of the Act.
193 Voluntary repayment amendments
The amendments made by this Schedule in relation to voluntary repayments apply in relation to a voluntary repayment made on or after the commencement day, regardless of when the debt to which the repayment relates was incurred.
194 Termination of funding agreements
A funding agreement ceases to be in force at the start of the commencement day if the agreement:
(a) was made before the day this Act receives the Royal Assent; and
(b) was in force immediately before the commencement day.
195 Transitional rules
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule or any other Schedule of this Act.
Part 3—Consequential amendments
Australian National University Act 1991
196 Subsection 41(2)
Omit “(2)”.
197 Subsection 41(2)
Omit “student contribution amounts and”.
198 Paragraph 43(b)
Repeal the paragraph.
199 Paragraph 50(2)(u)
Omit “student contribution amounts and”.
Education Services for Overseas Students Act 2000
200 Subparagraph 9AB(1)(b)(ii)
Omit “a Table C”, substitute “an international”.
201 Section 16
Repeal the section, substitute:
16 Only Australian residents and international providers may be registered
A registered provider must be:
(a) a resident of Australia; or
(b) an international provider (within the meaning of the Higher Education Support Act 2003).
Note: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.
Income Tax Assessment Act 1936
202 Subsection 82A(2) (paragraph (ba) of the definition of expenses of self‑education)
Repeal the paragraph.
Income Tax Assessment Act 1997
203 Paragraph 26‑20(1)(ca)
Repeal the paragraph, substitute:
(ca) a tuition fee (within the meaning of the Higher Education Support Act 2003) paid to a higher education provider for a unit of study in relation to which you are a Commonwealth supported student for the purposes of that Act; or
Part 4—Amendments of Guidelines
Commonwealth Grant Scheme Guidelines 2012
204 Paragraph 7.5.1 (table)
Repeal the table, substitute:
| Funding cluster | Unit description | FOE code |
| Funding cluster 1
Law, Accounting, Administration, Economics, Commerce | Management and Commerce | 0800 |
| Law | 0909 |
| Economics and Econometrics | 0919 |
| Food, Hospitality and Personal Services | 1100 |
| Mixed Field Programmes | 1200 |
| Funding cluster 2 Humanities, Social Studies, Communications | Political Science and Policy Studies | 0901 |
| Studies in Human Society | 0903 |
| Justice and Law Enforcement | 0911 |
| Librarianship, Information Management and Curatorial Studies | 0913 |
| Language and Literature1 | 0915 |
| English Language | 091501 |
| Linguistics | 091521 |
| Literature | 091523 |
| Language and Literature not elsewhere classified | 091599 |
| Philosophy and Religious Studies | 0917 |
| Other Society and Culture | 0999 |
| Communication and Media Studies1 | 1007 |
| Journalism | 100703 |
| Written Communication | 100705 |
| Verbal Communication | 100707 |
| Communication and Media Studies not elsewhere classified | 100799 |
| Funding cluster 3 Computing, Built Environment, Education, Creative Arts, Behavioural Science, Welfare Studies, Other Health | Information Technology | 0200 |
| Architecture and Building | 0400 |
| Public Health | 0613 |
| Complementary Therapies | 0619 |
| Other Health | 0699 |
| Education | 0700 |
| Human Welfare Studies and Services | 0905 |
| Behavioural Science2 | 0907 |
| Sport and Recreation | 0921 |
| Performing Arts | 1001 |
| Visual Arts and Crafts | 1003 |
| Graphic and Design Studies | 1005 |
| Audio Visual Studies | 100701 |
| Other Creative Arts | 1099 |
| Funding cluster 4 Engineering, Science, Surveying, Environmental Science, Allied Health, Nursing, Clinical Psychology, Foreign Languages | Mathematical Sciences | 0101 |
| Physics and Astronomy | 0103 |
| Chemical Sciences | 0105 |
| Earth Sciences | 0107 |
| Biological Sciences | 0109 |
| Other Natural and Physical Sciences1 | 0199 |
| Forensic Science | 019903 |
| Food Science and Biotechnology | 019905 |
| Pharmacology | 019907 |
| Laboratory Technology | 019909 |
| Natural and Physical Sciences not elsewhere classified | 019999 |
| Engineering and Related Technologies | 0300 |
| Environmental Studies | 0509 |
| Other Agriculture, Environmental and related Studies | 0599 |
| Nursing | 0603 |
| Pharmacy | 0605 |
| Optical Science | 0609 |
| Radiography | 0615 |
| Rehabilitation Therapies | 0617 |
| Clinical psychology3 | 090701 |
| Northern European Languages | 091503 |
| Southern European Languages | 091505 |
| Eastern European Languages | 091507 |
| Southwest Asian and North African Languages | 091509 |
| Southern Asian Languages | 091511 |
| Southeast Asian Languages | 091513 |
| Eastern Asian Languages | 091515 |
| Australian Indigenous Languages | 091517 |
| Translating and Interpreting | 091519 |
| Funding cluster 5 Agriculture, Medicine, Dentistry, Veterinary Science | Medical Science | 019901 |
| Agriculture | 0501 |
| Horticulture and Viticulture | 0503 |
| Forestry Studies | 0505 |
| Fisheries Studies | 0507 |
| Medical Studies | 0601 |
| Dental Studies | 0607 |
| Veterinary Studies | 0611 |
1. Units of study within these narrow fields of education (4‑digit level) should generally be assigned to a detailed field (6‑digit level). However, if the unit of study cannot be assigned to a detailed field, the unit can be assigned to the appropriate narrow field listed in the table for the purposes of determining its funding cluster.
2. Excluding clinical psychology, which is in Cluster 4.
3. Clinical psychology units of study are in Cluster 4 and are psychology units of study (Field of Education code 090701) that contribute to courses that are accredited for the purposes of professional registration by the Australian Psychological Society (APS) College of Clinical Psychologists, the APS College of Clinical Neuropsychologists, the APS College of Counselling Psychologists, the APS College of Educational & Developmental Psychologists, the APS College of Forensic Psychologists, the APS College of Health Psychologists, the APS College of Sport Psychologists or the APS College of Community Psychologists.
204A Chapter 9
Repeal the Chapter, substitute:
CHAPTER 9 CONDITIONS RELATING TO TUITION FEES FOR OVERSEAS AND OTHER NON‑COMMONWEALTH SUPPORTED STUDENTS
9.1 PURPOSE
9.1.1 The purpose of this chapter is to prescribe requirements for subsection 36‑55(1) of the Act (which sets a condition of grants under the Commonwealth Grant Scheme) relating to tuition fees charged for persons who are not Commonwealth supported students, so that fees for Commonwealth supported students and Commonwealth contribution amounts are not used by providers to subsidise such persons.
Note that the Commonwealth contribution amounts under the Commonwealth Grant Scheme are intended as a benefit to students, primarily as a subsidy towards the costs of teaching and learning, enabling higher education providers to charge Commonwealth supported students a lower tuition fee.
9.5 REQUIREMENTS
9.5.1 The tuition fee for a person who is not a Commonwealth supported student for a unit of study must not, except in exceptional circumstances, be less than the sum of:
a) the highest tuition fee that the provider would charge a Commonwealth supported student for the same or a comparable unit; and
b) the Commonwealth contribution amount under section 33‑10 of the Act for the same or a comparable unit.
9.5.5 However, the tuition fee for a person who is enrolled in an employer reserved place for the unit must not, except in exceptional circumstances, be less than the difference between:
a) the sum described in subsection 9.5.1; and
b) the employer contribution amount.
9.5.10 Some examples of exceptional circumstances for subsections 9.5.1 and 9.5.5 are if the person is an overseas student who:
a) is undertaking study in Australia as part of a formal exchange programme; or
b) is undertaking study in Australia towards a higher degree by research after being awarded a scholarship for that study on the basis of merit following a competitive application process.
Note that the Department will monitor the tuition fees charged for non‑Commonwealth supported students on a risk managed basis, including investigation of complaints from students. If providers cannot demonstrate compliance with the requirements of this section and provide explanations for exceptional circumstances where the requirements do not apply, action may be taken under Part 2‑5 of the Act to reduce a grant or require an amount of it to be repaid.
9.10 CATEGORIES OF NON‑COMMONWEALTH SUPPORTED STUDENTS
9.10.1 This chapter applies to all students who are enrolled with a higher education provider but are not Commonwealth supported students, including but not limited to:
a) overseas students; and
b) postgraduate students in non‑Commonwealth supported places; and
c) students enrolled in employer reserved places; and
d) students enrolled on a non‑award basis; and
e) students who choose not to be Commonwealth supported.
Other Grants Guidelines (Education) 2012
204B Chapter 6
Repeal the Chapter, substitute:
CHAPTER 6 GRANTS TO FOSTER STRUCTURAL ADJUSTMENT OR REFORM
STRUCTURAL ADJUSTMENT FUND
6.1 Purpose
6.1.1 The purpose of this chapter is:
a) to specify the Structural Adjustment Fund as a program, beginning in 2016, from which grants to foster structural adjustment or reform in higher education may be made in accordance with paragraph 41‑10(1)(i) of the Act; and
b) to specify some of the matters listed in paragraphs 41‑15(2)(a) to (f) of the Act.
6.5 Program objective
6.5.1 The objective of the Structural Adjustment Fund is to foster structural adjustment or reform in higher education by providing assistance in the 3 years following commencement of Schedule 1 to the Higher Education and Research Reform Act 2014 to:
a) higher education providers operating in markets where there is low capacity to immediately achieve additional revenue; and
b) moderately research‑intensive higher education providers in relatively low population centres that have a relatively high proportion of students from a low socio‑economic background and, consequently, limited capacity to immediately re‑direct resources to maintain their research efforts.
6.10 Extra conditions of eligibility
6.10.1 A body corporate is eligible to receive a grant under the Structural Adjustment Fund if it is a registered higher education provider that is a Table A provider.
Note that in approving (under section 41‑20 of the Act) a grant to a provider under the program, the Minister may take account of factors such as the market in which the provider operates and its capacity to achieve additional revenue.
6.15 Total program funds
6.15.1 The maximum amount of funding available for allocation over 3 years under the Structural Adjustment Fund is:
a) $53,500,000 in the 2016 grant year; and
b) $31,000,000 in the 2017 grant year; and
c) $15,500,000 in the 2018 grant year.
Part 5—Repeals of instruments
Higher Education (Designated Courses of Study) Specification 2011
205 The whole of the Determination
Repeal the Determination.
Schedule 2—New Commonwealth Scholarship Scheme
Higher Education Support Act 2003
1 At the end of Subdivision 36‑F of Division 36
Add:
36‑75 New Commonwealth Scholarship Scheme
(1) A higher education provider must, no later than 6 months after the end of each year in respect of which a grant is made under this Part to the provider, allocate the provider’s *eligible amount for the year for use:
(a) in accordance with the Commonwealth Grant Scheme Guidelines; or
(b) if there are no Guidelines for the purposes of paragraph (a)—in accordance with the provider’s funding agreement for the year or period that includes the year.
Note 1: See also section 19‑35 (benefits and opportunities must be available equally to all students).
Note 2: This Scheme is separate from the Commonwealth scholarships under Part 2‑4.
(2) Subsection (1) does not apply to a higher education provider in relation to a year if:
(a) circumstances prescribed by the Commonwealth Grant Scheme Guidelines exist in relation to the provider; or
(b) there are no circumstances prescribed by the Guidelines in relation to the year and the *number of Commonwealth supported places provided by the provider during the year is less than 500.
(3) The Commonwealth Grant Scheme Guidelines may:
(a) for the purposes of paragraph (1)(a), prescribe the use of allocated amounts to provide scholarships or other benefits for the purposes of:
(i) increasing access to and participation in higher education by students and prospective students from disadvantaged backgrounds; and
(ii) improving completion by disadvantaged students of *courses of study; or
(b) prescribe any other matters ancillary or incidental to matters referred to in paragraph (2)(a) or paragraph (a) of this subsection.
Eligible amount
(4) A higher education provider’s eligible amount for a year is the amount that is the following percentage of the provider’s *eligible revenue for the financial year:
(a) 20%;
(b) if a lower percentage is prescribed by the Commonwealth Grant Scheme Guidelines—that lower percentage.
Eligible revenue
(5) The Commonwealth Grant Scheme Guidelines may prescribe one or more methods for working out a higher education provider’s eligible revenue for a year. If the Guidelines do so, the provider’s eligible revenue for the year is the amount worked out using the prescribed method.
(6) If no method is prescribed by the Guidelines, a higher education provider’s eligible revenue for a year is the amount worked out as follows:
(7) For the purposes of subsection (6), a provider’s revenue for year from Commonwealth supported students is the total of the following amounts:
(a) the total of the amounts worked out under paragraphs 33‑5(2)(a) and (4)(a) for the provider for the year;
(b) *tuition fees payable to the provider by *Commonwealth supported students for units of study that have *census dates in the year.
(8) For the purposes of subsection (6), a provider’s comparison revenue for year from Commonwealth supported students is the total of the following amounts:
(a) the total of the amounts that would have been worked out under paragraphs 33‑5(2)(a) and (4)(a) for the provider for the year, if the applicable Commonwealth contribution amounts had been those taken to be specified in the table in item 180 of Schedule 1 to the Higher Education and Research Reform Act 2014;
(b) the *tuition fees that would have been payable to the provider by *Commonwealth supported students for units of study that have *census dates in the year, if all such tuition fees had been the maximum fees allowed under subitem 179(1) of Schedule 1 to that Act.
2 Subclause 1(1) of Schedule 1
Insert:
eligible amount has the meaning given by subsection 36‑75(4).
eligible revenue has the meaning given by subsections 36‑75(5) and (6).
3 Application of amendments
The amendments made by this Schedule apply in relation to years commencing on and after the day this Schedule commences.
Schedule 3—Indexation of HELP debts
Higher Education Support Act 2003
1 At the end of Division 134
Add:
134‑5 The HELP Debt Repayment Guidelines
Debts relating to *HELP debts are also dealt with in the HELP Debt Repayment Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.
Note: The HELP Debt Repayment Guidelines are made by the Minister under section 238‑10.
2 Paragraph 140‑1(2)(a)
After “Index”, insert “(except in some cases where the person was the primary carer for a child for the preceding financial year)”.
3 Subsection 140‑5(1)
Omit “is worked out by multiplying:”, substitute “is:”.
4 Paragraphs 140‑5(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the product of multiplying the amount worked out using the following method statement by the *HELP debt indexation factor for 1 June in that financial year; or
(b) the amount worked out using the following method statement, if:
(i) the HELP debt indexation factor for 1 June in that financial year is more than 1; and
(ii) the person was for the immediately preceding financial year the primary carer for a child under 5; and
(iii) the person’s *repayment income (if any) for that immediately preceding financial year did not exceed the *minimum repayment income for that immediately preceding financial year.
5 At the end of section 140‑5
Add:
(3) The HELP Debt Repayment Guidelines may make provision in relation to the determination by the *Commissioner of whether a particular person is the primary carer for a child under a particular age for a financial year, in such a way that only one person can be determined to be the primary carer for a particular child for a particular financial year.
6 Subsection 238‑10(1) (at the end of the table)
Add:
| 12 | HELP Debt Repayment Guidelines | Part 4‑1 |
7 Application of amendments
The amendments made by this Schedule apply to working out a debt on or after the first 1 June after the day this item commences.
Schedule 4—Minimum repayment income for HELP debts
Higher Education Support Act 2003
1 Paragraph 154‑10(a)
Repeal the paragraph, substitute:
(a) for the 2016‑17 income year——$50,637; or
2 Section 154‑20 (table)
Repeal the table, substitute:
| Applicable percentages |
| Item | If the person’s repayment income is: | The percentage applicable is: |
| 1A | More than the *minimum repayment income, but less than: (a) for the 2016‑17 *income year—$56,264; or (b) for a later income year—that amount indexed under section 154‑25. | 2% |
| 1 | More than the amount under item 1A, but less than: (a) for the 2016‑17 *income year—$62,674; or (b) for a later income year—that amount indexed under section 154‑25. | 4% |
| 2 | More than the amount under item 1, but less than: (a) for the 2016‑17 *income year—$69,082; or (b) for a later income year—that amount indexed under section 154‑25. | 4.5% |
| 3 | More than the amount under item 2, but less than: (a) for the 2016‑17 *income year—$72,713; or (b) for a later income year—that amount indexed under section 154‑25. | 5% |
| 4 | More than the amount under item 3, but less than: (a) for the 2016‑17 *income year—$78,162; or (b) for a later income year—that amount indexed under section 154‑25. | 5.5% |
| 5 | More than the amount under item 4, but less than: (a) for the 2016‑17 *income year—$84,650; or (b) for a later income year—that amount indexed under section 154‑25. | 6% |
| 6 | More than the amount under item 5, but less than: (a) for the 2016‑17 *income year—$89,105; or (b) for a later income year—that amount indexed under section 154‑25. | 6.5% |
| 7 | More than the amount under item 6, but less than: (a) for the 2016‑17 *income year—$98,059; or (b) for a later income year—that amount indexed under section 154‑25. | 7% |
| 8 | More than the amount under item 7, but less than: (a) for the 2016‑17 *income year—$104,492; or (b) for a later income year—that amount indexed under section 154‑25. | 7.5% |
| 9 | More than the amount under item 8. | 8% |
3 Application of amendments
The amendments made by this Schedule apply in relation to income years commencing on and after the day this Schedule commences.
Schedule 5—Research funding and research students
Part 1—Research funding
Australian Research Council Act 2001
1 At the end of subsection 48(2)
Add:
; (n) the financial year starting on 1 July 2017.
2 Paragraphs 49(o), (p) and (q)
Repeal the paragraphs, substitute:
(o) for the financial year starting on 1 July 2014—$875,642,000; and
(p) for the financial year starting on 1 July 2015—$776,078,000; and
(q) for the financial year starting on 1 July 2016—$723,472,000; and
(r) for the financial year starting on 1 July 2017—$736,972,000.
Part 2—Research students
Higher Education Support Act 2003
3 Section 41‑25 (heading)
Repeal the heading, substitute:
41‑25 Conditions on grants: main conditions
4 After section 41‑25
Insert:
41‑26 Conditions on grants: research students
(1) A grant made to a higher education provider for the purpose specified in paragraph 41‑10(1)(g) is, in addition to any conditions under section 41‑25, made on the condition that the provider must not charge a *research student of the provider a *tuition fee for a unit of study in the *research course that exceeds the amount worked out as follows:
(2) The maximum research tuition fee is:
(a) for a unit in a *course of study that is a high cost course under the Other Grants Guidelines—$3,900; or
(b) for a unit in a course of study that is a low cost course under the Other Grants Guidelines—$1,700.
(3) A person is a research student of a higher education provider if the provider classifies the person as a Research Training Scheme student in accordance with the Other Grants Guidelines in relation to a *course of study (the research course) that the person is undertaking with the provider.
5 Subsection 198‑5(1) (after table item 2)
Insert:
| 2A | Amounts mentioned in subsection 41‑26(2) | Section 41‑26 |
6 Subclause 1(1) of Schedule 1
Insert:
maximum research tuition fee has the meaning given by subsection 41‑26(2).
research course has the meaning given by subsection 41‑26(3).
research student has the meaning given by subsection 41‑26(3).
7 Application of amendments
The amendments made by this Part apply in relation to:
(a) grants in respect of years commencing on or after the day this Part commences; and
(b) tuition fees for units of study that have a census date on or after the day this Part commences.
Part 3—Repeals of instruments
Determination made on 13 August 2004 under subsection 169‑20(1) of the Higher Education Support Act 2003 (Federal Register of Legislative Instruments No. F2007B01092)
8 The whole of the Determination
Repeal the Determination.
Part 4—Amendments of Guidelines
Other Grants Guidelines (Research) 2012
9 Paragraph 2.1.1(2)
Omit “section 41‑15(2)”, substitute “sections 41‑15(2) and 41‑26”.
10 Paragraph 2.10.5
Repeal the paragraph, substitute:
2.10.5 A student supported under paragraph 2.10.1 is referred to as a ‘Research Training Scheme student’.
11 After paragraph 2.20
Insert:
2.21 High cost and low cost courses
2.21.1 For the purposes of section 41‑26 of the Act, a high cost course is a course of study specified in the following table:
| ASCED Code | ASCED Title |
| 010300‑010303 | Physics and Astronomy |
| 010500‑010599 | Chemical Sciences |
| 010700‑010799 | Earth Sciences |
| 010900‑010999 | Biological Sciences |
| 019900‑019999 | Other Natural and Physical Sciences |
| 030101 | Manufacturing Engineering |
| 030300‑030399 | Process and Resources Engineering |
| 030501 | Automotive Engineering |
| 030701 | Mechanical Engineering |
| 030703 | Industrial Engineering |
| 030900‑030999 | Civil Engineering |
| 031100‑031199 | Geomatic Engineering |
| 031300 | Electrical and Electronic Engineering and Technology |
| 031301 | Electrical Engineering |
| 031303 | Electronic Engineering |
| 031305 | Computer Engineering |
| 031307 | Communications Technologies |
| 031501 | Aerospace Engineering |
| 031503 | Aircraft Maintenance Engineering |
| 031701 | Maritime Engineering |
| 039901 | Environmental Engineering |
| 039903 | Biomedical Engineering |
| 050000‑059999 | Agriculture, Environmental and Related Studies |
| 060100‑060199 | Medical Studies |
| 060501 | Pharmacy |
| 060701 | Dentistry |
| 061101 | Veterinary Studies |
| 069903 | Human Movement |
| 090701 | Psychology |
2.21.2 For the purposes of section 41‑26 of the Act, a low cost course is any course of study not specified in the table in paragraph 2.21.1.
Schedule 6—VET FEE‑HELP loan fees and limits
Part 1—Main amendments
Higher Education Support Act 2003
1 Subsection 137‑18(2)
Repeal the subsection, substitute:
(2) The amount of the *VET FEE‑HELP debt is the amount of the loan.
2 Subsection 137‑18(4)
Repeal the subsection (including the note), substitute:
Remission of VET FEE‑HELP debts
(4) A person’s *VET FEE‑HELP debt in relation to a *VET unit of study is taken to be remitted if any of the following applies to the person in relation to the unit (even if subclause 56(2) of Schedule 1A applies to the provider in relation to the unit):
(a) subclause 46(2) of Schedule 1A (special circumstances);
(b) subclause 51(1) of Schedule 1A (course ceasing);
(c) subclause 89(1) of Schedule 1A (no tax file number).
3 Clause 40 of Schedule 1A (paragraph dealing with amount of assistance)
Omit “, but there is a limit on the total amount of assistance that the student can receive”.
4 Paragraph 43(1)(b) of Schedule 1A
Repeal the paragraph.
5 Clause 45A of Schedule 1A
Omit “43(e)”, substitute “43(1)(e)”.
6 Subdivision 7‑B of Division 7 of Schedule 1A (heading)
Repeal the heading, substitute:
Subdivision 7‑B—Provider repayment of VET FEE‑HELP assistance
7 Clause 46 of Schedule 1A (heading)
Repeal the heading, substitute:
46 Provider repayment of VET FEE‑HELP assistance—special circumstances
8 Subclause 46(1) of Schedule 1A
Repeal the subclause.
9 Subclause 46(2) of Schedule 1A
Omit “re‑credit a person’s *FEE‑HELP balance with an amount equal to the amounts of *VET FEE‑HELP assistance that the person received for a *VET unit of study”, substitute “determine that this subclause applies to a person”.
10 Paragraph 46(2)(a) of Schedule 1A
Repeal the paragraph, substitute:
(a) the person has been enrolled in a *VET unit of study with the provider; and
(aa) the person received *VET FEE‑HELP assistance for the unit; and
11 Paragraph 46(2)(d) of Schedule 1A
Repeal the paragraph, substitute:
(d) the person applies in writing to the provider for the remission of the person’s *VET FEE‑HELP debt in relation to the unit; and
12 Subparagraph 46(2)(e)(ii) of Schedule 1A
After “provider”, insert “, on request made no later than 2 years after the end of that period,”.
13 Subclause 46(2) of Schedule 1A (note)
Repeal the note, substitute:
Note 1: If this subclause applies, the VET FEE‑HELP debt of the person is remitted (see subsection 137‑18(4)) and the provider must repay the amount of the VET FEE‑HELP assistance to the Commonwealth (see clause 56).
Note 2: A decision that this subclause does not apply to a person is reviewable under Division 16.
14 At the end of clause 46 of Schedule 1A
Add:
(4) If a determination made under this clause is made in writing, the determination is not a legislative instrument.
15 Clause 47 of Schedule 1A
Repeal the clause.
16 Paragraph 49(1)(a) of Schedule 1A
Omit “for the re‑crediting of the person’s *FEE‑HELP balance”.
17 Paragraph 50(1)(b) of Schedule 1A
After “provider”, insert “, on request made no later than 2 years after the end of that period,”.
18 Clause 51 of Schedule 1A
Repeal the clause, substitute:
51 Provider repayment of VET FEE‑HELP assistance—provider ceases to provide course
(1) A *VET provider must, on the *Secretary’s behalf, determine that this subclause applies to a person if:
(a) the person has been enrolled in a *VET unit of study with the provider; and
(b) the person received *VET FEE‑HELP assistance for the unit; and
(c) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and
(d) the *VET tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and
(e) the person chose the option designated under the VET tuition assurance requirements as VET tuition fee repayment in relation to the unit.
Note: If this subclause applies, the VET FEE‑HELP debt of the person is remitted (see subsection 137‑18(4)) and the provider must repay the amount of the VET FEE‑HELP assistance to the Commonwealth (see clause 56).
(2) If the provider is unable to make the determination referred to in subclause (1), the *Secretary may make the determination.
(3) If a determination made under this clause is made in writing, the determination is not a legislative instrument.
19 Clause 52 of Schedule 1A (note)
Repeal the note.
20 Clause 54 of Schedule 1A
Repeal the clause.
21 Clause 56 of Schedule 1A
Repeal the clause, substitute:
56 Repayment of VET FEE‑HELP assistance by providers
(1) A *VET provider must pay to the Commonwealth an amount equal to the amount of *VET FEE‑HELP assistance a person received for a *VET unit of study with the provider if any of the following applies to the person in relation to the unit:
(a) subclause 46(2) (special circumstances);
(b) subclause 51(1) (course ceasing);
(c) subclause 89(1) (no tax file number).
Note: The person’s VET FEE‑HELP debt in relation to the unit will also be remitted (see subsection 137‑18(4)).
(2) Subclause (1) does not apply to a *VET provider because of the application of subclause 46(2) to the person in relation to the unit if the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *VET tuition assurance requirements.
(3) The *VET Guidelines may, in setting out the *VET tuition assurance requirements, specify, in relation to circumstances to which subclause (2) applies:
(a) the amount (if any) that is to be paid to the Commonwealth; and
(b) the person (if any) who is to pay the amount.
22 Subclause 89(1) of Schedule 1A (note)
Repeal the note, substitute:
Note: If this subclause applies, the VET FEE‑HELP debt of the person is remitted (see subsection 137‑18(4)) and the provider must repay the amount of the VET FEE‑HELP assistance to the Commonwealth (see clause 56).
23 Clause 91 of Schedule 1A (table item 1)
Repeal the item, substitute:
| 1 | A decision that subclause 46(2) does not apply to a person in relation to a unit of study | subclause 46(2) | (a) the *VET provider with whom the student is enrolled in the unit; or (b) if the *Secretary made the decision that the subclause does not apply—the Secretary |
Part 2—Application, saving and transitional provisions
24 Application
(1) The amendment made by item 1 of this Schedule applies in relation to debts incurred on or after the day this Schedule commences.
(2) The other amendments made by this Schedule apply in relation to units of study that have a census date on or after the day this Schedule commences.
25 VET FEE‑HELP assistance given before commencement
(1) If, immediately before the day this Schedule commences, a valid application had been made under clause 46 of Schedule 1A of the Higher Education Support Act 2003 but not determined, the application is to be determined after that day in accordance with the Act as amended by this Schedule, as if the application had been made under clause 46 as amended.
(2) Subparagraph 46(2)(e)(ii) of Schedule 1A to the Higher Education Support Act 2003 as amended by this Schedule applies in relation to circumstances that occurred, and periods that began, before, on or after the day this Schedule commences.
26 Reviewable decisions made before commencement
(1) If, before the day this Schedule commences, a decision referred to in item 1 of the table in clause 91 of Schedule 1A to the Higher Education Support Act 2003 was made, then, after that day, a decision that subclause 46(2) of Schedule 1A of that Act does not apply to the person is taken to have been made instead of the decision that was actually made.
(2) Subitem (1) does not have the effect of changing the day the original decision was made.
Schedule 7—HECS‑HELP benefit
Higher Education Support Act 2003
1 Paragraphs 140‑1(2)(d) and (e)
Repeal the paragraphs, substitute:
(d) *compulsory repayment amounts in respect of the debt.
2 Subsection 140‑5(1) (method statement, step 4A)
Repeal the step.
3 Subsection 140‑5(1) (example)
Omit “Step 4A: Does not apply because Lorraine does not satisfy the eligibility requirements for the HECS‑HELP benefit.”.
4 Subsection 140‑5(3)
Repeal the subsection.
5 Section 148‑1
Omit:
Repayment amounts may be reduced by the HECS‑HELP benefit. To receive the benefit, a person must satisfy eligibility requirements and apply for it. The Commissioner determines whether a person is eligible for the benefit, and if so, the amount of the benefit.
6 Section 148‑5
Repeal the section.
7 Subsection 154‑1(1)
Omit “Subject to section 154‑3, if”, substitute “If”.
8 Section 154‑3
Repeal the section.
9 Section 154‑35 (note)
Repeal the note.
10 Section 154‑40
Repeal the section, substitute:
If:
(a) the *Commissioner is required to serve on a person a notice of assessment in respect of the person’s income of an *income year under section 174 of the Income Tax Assessment Act 1936; and
(b) the Commissioner has made, in respect of the person, an assessment under section 154‑35 of this Act of the amounts referred to in that section; and
(c) notice of the assessment under that section has not been served on the person;
notice of the assessment under that section may be served by specifying the amounts concerned in the notice referred to in paragraph (a).
11 Section 154‑85
Repeal the section.
12 Division 157
Repeal the Division.
13 Section 206‑1 (table item 4A)
Repeal the item.
14 Subsection 238‑10(1) (table item 4A)
Repeal the item.
15 Subclause 1(1) of Schedule 1 (definition of HECS‑HELP benefit)
Repeal the definition.
Income Tax Assessment Act 1997
16 Section 11‑15 (table item headed “education and training”)
Omit:
| HECS‑HELP benefit, recipient of...................................... | 51‑10 |
17 Subsection 51‑10 (table item 2.9)
Repeal the item.
18 Subsection 995‑1(1) (definition of HECS‑HELP benefit)
Repeal the definition.
19 Application and saving provision
(1) In this item:
Act means the Higher Education Support Act 2003.
commencement means the day this Schedule commences.
earlier income year means an income year commencing before commencement.
(2) The amendments made by this Schedule do not apply in relation to HECS‑HELP benefit for an earlier income year.
(3) Without limiting subitem (2):
(a) a person may, after commencement, make an application in respect of an earlier income year in accordance with Subdivision 157‑A of Division 157 of the Act as in force immediately before commencement; and
(b) the Commissioner must make a determination for any application in respect of an earlier year in accordance with Subdivision 157‑C of Division 157 of the Act as in force immediately before commencement; and
(c) section 140‑5 of the Act, as in force immediately before commencement, continues to apply after commencement in relation to working out a former accumulated HELP debt of a person in respect of whom HECS‑HELP benefit has been determined for an earlier income year; and
(d) section 154‑3 of the Act, as in force immediately before commencement, continues to apply after commencement in relation to working out the amount that a person in respect of whom a HECS‑HELP benefit has been determined for an earlier income year is liable to pay under section 154‑1 of the Act; and
(e) a person may apply, after commencement, for review of a decision referred to in item 4A of the table in section 206‑1 of the Act as in force immediately before commencement; and
(f) such a decision may be reviewed and given effect in accordance with the Act as in force immediately before commencement; and
(g) a provision of a taxation law (within the meaning of the Income Tax Assessment Act 1997) has the effect necessary to give effect to this item.
(4) The HECS‑HELP Benefit Guidelines in force immediately before commencement continue in force for the purposes of the application of the Higher Education Support Act 2003 in relation to HECS‑HELP benefit for earlier income years. The Guidelines as continued under this subitem may be amended or repealed as if they were Guidelines made under section 238‑10 of the Act.
Schedule 8—Indexation of amounts
Higher Education Support Act 2003
1 Subsection 198‑10(1)
Repeal the subsection, substitute:
(1) An amount is indexed on 1 January each year, by multiplying it by the *indexation factor for the year.
2 Subsection 198‑15(1) (formula)
Repeal the formula, substitute:
where:
December base quarter means the *quarter ending on the 31 December that is 2 years and a day before the relevant 1 January.
December reference quarter means the *quarter ending on the 31 December that is a year and a day before the relevant 1 January.
3 Section 198‑20
Repeal the section, substitute:
198‑20 Meaning of index number
(1) The index number for a *quarter is the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the *Australian Statistician in respect of that quarter.
(2) Subject to subsection (3), if, at any time before or after the commencement of this subsection:
(a) the *Australian Statistician has published or publishes an index number in respect of a *quarter; and
(b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index number for the purposes of this section.
(3) If, at any time before or after the commencement of this subsection, the *Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this section after the change took place or takes place, have regard only to *index numbers published in terms of the new index reference period.
4 Subclause 1(1) of Schedule 1 (definition of indexation period)
Repeal the definition.
Schedule 9—University name change
Higher Education Support Act 2003
1 Subsection 16‑15(1) (after table item dealing with Edith Cowan University)
Insert:
| Federation University Australia |
2 Subsection 16‑15(1) (table item dealing with University of Ballarat)
Repeal the item.
Schedule 9A—Higher Education Participation Programmes
Other Grants Guidelines (Education) 2012
1 Section i.ii (definition of the Department)
Repeal the definition.
2 Section i.ii (before the definition of HESDC)
Insert:
| HEPAPP | means the Higher Education Participation (Access and Participation) Programme |
| | |
| HEPAPP funding recipient | means a provider, a grant to which under the HEPAPP has been approved by the Minister under section 41‑20 of the Act |
3 Section i.ii (after the definition of ISP)
Insert:
| low socio‑economic background | people or students are from a low socio‑economic background if they are in the bottom quartile of the Socio‑Economic Indexes for Areas (SEIFA) Index of Education and Occupation (IEO) published by the Australian Bureau of Statistics in 2013 and determined using Statistical Area 1 from the Australian Statistical Geographic Standard published by the Australian Bureau of Statistics in 2011. |
4 Section i.ii (definition of participation)
After “Chapter 1”, insert “(except sections 1.40 to 1.86)”.
5 Section i.ii (definition of people or student from a low socio‑economic (SES) background)
Repeal the definition.
6 Section i.ii (before the definition of success)
Insert:
| students from disadvantaged backgrounds | means students from any of the following groups: a) people from a low socio‑economic background; b) people with disability; c) Aboriginal or Torres Strait Islander people; d) people from regional or remote areas; e) people from a non‑English speaking background; f) women in non‑traditional areas of study |
7 Section i.ii (definition of undergraduate)
After “Chapter 1”, insert “(except sections 1.40 to 1.86)”.
8 Heading before section 1.40
Repeal the heading, substitute:
HIGHER EDUCATION PARTICIPATION (ACCESS AND PARTICIPATION) PROGRAMME
9 Sections 1.40 to 1.85
Repeal the sections, substitute:
1.40 Programme objective
1.40.1 The objective of the Higher Education Participation (Access and Participation) Programme (HEPAPP) is to help increase the number of undergraduate and postgraduate domestic students from disadvantaged backgrounds who access, participate in and succeed in higher education, by providing grants to support access, participation and success in higher education by prospective and current students from those backgrounds.
Note: This objective is consistent with Australia’s obligations in relation to higher education under the International Covenant on Economic, Social and Cultural Rights.
1.45 Nature of HEPAPP grants
1.45.1 For paragraph 41‑15(2)(f) of the Act, a grant under the HEPAPP is in respect of a project.
1.50 Extra conditions of eligibility for grant under HEPAPP
1.50.1 It is an extra condition of eligibility for a grant under the HEPAPP that a provider have a proportion of students from a low socio‑economic background.
Note 1: In approving (under section 41‑20 of the Act) a grant under the HEPAPP, the Minister may take account of factors such as a provider’s proportion of students from a low socio‑economic background. It is expected that these factors will be published on the Department’s website.
Note 2: In determining (under paragraph 41‑30(b) of the Act) the amount of a grant under the HEPAPP, the Minister may take account of factors such as a provider’s proportion of students from a low socio‑economic background and their success in completing units. It is expected that these factors will be published on the Department’s website.
1.50.5 It is an extra condition of eligibility for a grant under the HEPAPP that a provider have given the Minister an Access and Participation Plan that outlines institutional strategies for access and participation initiatives for students from disadvantaged backgrounds for the next 3 calendar years.
1.55 Expenditure conditions on grant under HEPAPP
1.55.1 It is a condition of a grant under the HEPAPP that the grant be spent only on projects that:
(a) are for the objective of the programme (see section 1.40); and
(b) are part of a strategy outlined in an Access and Participation Plan described in subsection 1.50.5.
1.55.5 It is a condition of a grant under the HEPAPP that the grant be spent during the 3 years starting on the first 1 January after the Minister approves the grant under section 41‑20 of the Act.
1.60 Reporting condition on grant under HEPAPP
1.60.1 It is a condition of a grant under the HEPAPP to a HEPAPP funding recipient that the recipient report to the Department annually on the progress of activities funded by the grant.
1.65 Application of interest condition on grant under HEPAPP
1.65.1 It is a condition of a grant under the HEPAPP to a HEPAPP funding recipient that, if the recipient earns interest on the grant, the recipient spend the interest on activities consistent with the objectives of the HEPAPP (see section 1.40).
Note: If a HEPAPP funding recipient breaches a condition of a grant under section 1.55, 1.60 or 1.65, action may be taken under Part 2‑5 or 5‑1 of the Act to reduce or require repayment of an amount of the grant or to delay payment of an instalment of the grant.
HIGHER EDUCATION PARTICIPATION (SCHOLARSHIPS FUND) PROGRAMME
1.70 Programme objective
1.70.1 The objective of the Higher Education Participation (Scholarships Fund) Programme is to help increase the number of undergraduate and postgraduate domestic students from disadvantaged backgrounds who access, participate in and succeed in higher education, by providing scholarships to prospective and current students from those backgrounds.
Note 1: This objective is consistent with Australia’s obligations in relation to higher education under the International Covenant on Economic, Social and Cultural Rights.
Note 2: The expenditure on the programme in a year will be the total of the amounts of grants determined (under paragraph 41‑30(b) of the Act) by the Minister for that year.
1.75 Nature of grants
1.75.1 For paragraph 41‑15(2)(f) of the Act, a grant under the Higher Education Participation (Scholarships Fund) Programme is in respect of a project.
1.80 Extra condition of eligibility for grant under Higher Education Participation (Scholarships Fund) Programme
1.80.1 It is an extra condition of eligibility for a grant under the Higher Education Participation (Scholarships Fund) Programme that a provider have a proportion of students from a low socio‑economic background.
Note 1: In approving (under section 41‑20 of the Act) a grant under the Higher Education Participation (Scholarships Fund) Programme, the Minister may take account of factors such as a provider’s proportion of students from a low socio‑economic background. It is expected that these factors will be published on the Department’s website.
Note 2: In determining (under paragraph 41‑30(b) of the Act) the amount of a grant under the Higher Education Participation (Scholarships Fund) Programme, the Minister may take account of factors such as a provider’s proportion of students from a low socio‑economic background and their success in completing units. It is expected that these factors will be published on the Department’s website.
HIGHER EDUCATION PARTICIPATION (NATIONAL PRIORITIES POOL) PROGRAMME
1.85 Programme objective
1.85.1 The objective of the Higher Education Participation (National Priorities Pool) Programme is to help increase the number of undergraduate and postgraduate domestic students from disadvantaged backgrounds who access, participate in and succeed in higher education, by providing grants for projects that support more effective implementation of equity policy in higher education through initiatives with system wide focus and relevance to equity practices across the higher education sector.
Note 1: This objective is consistent with Australia’s obligations in relation to higher education under the International Covenant on Economic, Social and Cultural Rights.
Note 2: In approving (under section 41‑20 of the Act) a grant under the programme, the Minister may take account of factors such as an annual investment plan. It is expected that these factors will be published on the Department’s website.
1.86 Nature of grants
1.86.1 For paragraph 41‑15(2)(f) of the Act, a grant under the Higher Education Participation (National Priorities Pool) Programme is in respect of a project.
10 Saving provision
Despite the repeal of sections 1.40 to 1.85 of the Other Grants Guidelines (Education) 2012 by this Schedule, those sections, as in force before the repeal, continue to apply in relation to a decision or grant made in accordance with those sections before the repeal.
Schedule 10—New Zealand citizens
Higher Education Support Act 2003
1 After subsection 90‑5(2)
Insert:
(2A) A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student:
(a) is a New Zealand citizen; and
(b) holds a special category visa under the Migration Act 1958; and
(c) both:
(i) first began to be usually resident in Australia at least 10 years before the test day in subsection (2B) (the test day); and
(ii) was a *dependent child when he or she first began to be usually resident in Australia; and
(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
(2B) For the purposes of subsection (2A), the test day is the earlier of:
(a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that formed part of the same *course of study—the day the student first made such a request; or
(b) otherwise—the day the student made the request for Commonwealth assistance in relation to the unit.
2 Section 90‑5(3)
Omit “and (2)”, substitute “, (2) and (2A)”.
3 After subsection 104‑5(2)
Add:
(2A) A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student:
(a) is a New Zealand citizen; and
(b) holds a special category visa under the Migration Act 1958; and
(c) both:
(i) first began to be usually resident in Australia at least 10 years before the test day in subsection (2B) (the test day); and
(ii) was a *dependent child when he or she first began to be usually resident in Australia; and
(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
(2B) For the purposes of subsection (2A), the test day is the earlier of:
(a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that formed part of the same *course of study—the day the student first made such a request; or
(b) otherwise—the day the student made the request for Commonwealth assistance in relation to the unit.
4 Subsections 104‑5(3) and (4)
Omit “and (2)”, substitute “, (2) and (2A)”.
5 Section 118‑5
Before “The”, insert “(1)”.
6 At the end of section 118‑5
Add:
; or (c) a student to whom subsection (2) applies.
(2) This subsection applies to a student who:
(a) is a New Zealand citizen; and
(b) holds a special category visa under the Migration Act 1958; and
(c) both:
(i) first began to be usually resident in Australia at least 10 years before the test day in subsection (3) (the test day); and
(ii) was a *dependent child when he or she first began to be usually resident in Australia; and
(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
(3) For the purposes of subsection (2), the test day is the earlier of:
(a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the *course of study the student is enrolled in with the home provider—the day the student first made such a request; or
(b) otherwise—the day the student made the request for Commonwealth assistance in relation to the period.
7 After subsection 126‑5(1)
Insert:
(1A) A student also meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student:
(a) is a New Zealand citizen on the day the fee is payable; and
(b) holds a special category visa under the Migration Act 1958 on the day the fee is payable; and
(c) both:
(i) first began to be usually resident in Australia at least 10 years before the test day in subsection (1B) (the test day); and
(ii) was a *dependent child when he or she first began to be usually resident in Australia; and
(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
(1B) For the purposes of subsection (1A), the test day is the earlier of:
(a) if the student:
(i) is enrolled with the provider in a *course of study; and
(ii) has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the course—the day the student first made such a request; or
(b) otherwise—the day the student made the request for Commonwealth assistance in relation to the fee.
8 Subsection 126‑5(2)
Omit “subsection (1)”, substitute “subsections (1) and (1A)”.
9 At the end of subclause 44(1) of Schedule 1A
Add:
; or (c) a student to whom subclause (3) applies.
(3) This subclause applies to a student who:
(a) is a New Zealand citizen; and
(b) holds a special category visa under the Migration Act 1958; and
(c) both:
(i) first began to be usually resident in Australia at least 10 years before the test day in subclause (4) (the test day); and
(ii) was a *dependent child when he or she first began to be usually resident in Australia; and
(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
(4) For the purposes of subclause (3), the test day is the earlier of:
(a) if the student has previously made a successful *request for Commonwealth assistance under this Part for a *VET unit of study that formed part of the same *VET course of study—the day the student first made such a request; or
(b) otherwise—the day the student made the request for Commonwealth assistance in relation to the unit.
10 Subclause 1(1) of Schedule 1
Insert:
dependent child: see clause 2.
11 At the end of Schedule 1
Add:
2 Definition of dependent child
(1) A child of a person is a dependent child if the child:
(a) is aged under 18; and
(b) does not have a spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901).
(2) Without limiting who is a child of a person for the purposes of subclause (1), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
12 Application
The amendments made by this Schedule apply in relation to a unit of study that has a census date on or after the day this Schedule commences.