Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Higher Education Support Act 2003, and for related purposes
Administered by: Education and Training
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 19 Sep 2018
Introduced HR 19 Sep 2018
Table of contents.

2016‑2017‑2018

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Higher Education Support Amendment (Cost Recovery) Bill 2018

 

No.      , 2018

 

(Education and Training)

 

 

 

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

Part 1—Higher education provider application fee                                       3

Higher Education Support Act 2003                                                                       3

Part 2—Higher education provider charge                                                         4

Higher Education Support Act 2003                                                                       4

 

 


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 is the Higher Education Support Amendment (Cost Recovery) Act 2018.

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, Part 1

1 January 2019.

1 January 2019

3.  Schedule 1, Part 2

At the same time as the Higher Education Support (Charges) Act 2018 commences.

However, the provisions do not commence at all if that Act does not commence.

 

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

Part 1Higher education provider application fee

Higher Education Support Act 2003

1  At the end of subsection 16‑40(2)

Add:

             ; and (c)  must be accompanied by the fee (if any) prescribed by, or worked out in accordance with the method prescribed by, the Higher Education Provider Guidelines.

Note:          The guidelines may prescribe different fees, or methods, for applications made by different kinds of applicant: see subsection 33(3A) of the Acts Interpretation Act 1901.

2  At the end of section 16‑40

Add:

             (3)  A fee prescribed, or worked out in accordance with a method prescribed, for the purposes of subsection (2) must not be such as to amount to taxation.

Part 2Higher education provider charge

Higher Education Support Act 2003

3  After section 19‑65

Insert:

19‑66  Higher education provider charge

             (1)  A higher education provider must pay the following when it is due and payable by the provider:

                     (a)  *higher education provider charge;

                     (b)  any penalty for late payment of higher education provider charge.

Note:          Higher education provider charge is imposed by the Higher Education Support (Charges) Act 2018.

             (2)  The Higher Education Provider Guidelines may make provision for, or in relation to, all or any of the following matters:

                     (a)  the issue of notices setting out the amount of *higher education provider charge payable by a provider;

                     (b)  when higher education provider charge is due and payable;

                     (c)  the issue of notices extending the time for payment of higher education provider charge;

                     (d)  penalties for late payment of higher education provider charge;

                     (e)  to whom higher education provider charge and any penalties for late payment are payable;

                      (f)  the refund, remission or waiver of higher education provider charge or penalties for late payment;

                     (g)  the review of decisions made under the Higher Education Provider Guidelines in relation to the collection or recovery of higher education provider charge;

                     (h)  any other matters relating to the collection or recovery of higher education provider charge.

4  Subclause 1(1) of Schedule 1

Insert:

higher education provider charge means charge imposed by the Higher Education Support (Charges) Act 2018.