Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Higher Education Support Act 2003, and for related purposes
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Registered 25 Jun 2015
Introduced Senate 24 Jun 2015
Table of contents.

2013‑2014‑2015

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Higher Education Support Amendment (New Zealand Citizens) Bill 2015

 

No.      , 2015

 

(Senator Carr)

 

 

 

A Bill for an Act to amend the Higher Education Support Act 2003, and for related purposes

  

  


Contents

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

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

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Higher Education Support Act 2003                                                                       3

 

 


A Bill for an Act to amend the Higher Education Support Act 2003, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Higher Education Support Amendment (New Zealand Citizens) Act 2015.

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.  Schedule 1

1 January 2016.

1 January 2016

Note:          This table relates only to the provisions of this Act as originally enacted.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 1Amendments

  

 

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  Section 238‑12

Before “Amounts”, insert “(1)”.

10  At the end of section 238‑12

Add:

             (2)  Despite subsection (1), an amount that is payable by the Commonwealth as a result of the amendments made by Schedule 1 to the Higher Education Support Amendment (New Zealand Citizens) Act 2015 is to be funded out of money appropriated by the Parliament for the purposes of such a payment.

11  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.

12  Subclause 1(1) of Schedule 1

Insert:

dependent child: see clause 2.

13  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.

14  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.