Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the law relating to higher education and social security, and for related purposes
Administered by: Education, Skills and Employment
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 27 Aug 2020
Introduced HR 26 Aug 2020
Table of contents.

2019‑2020

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Presented and read a first time

 

 

 

 

Higher Education Support Amendment (Job‑Ready Graduates and Supporting Regional and Remote Students) Bill 2020

 

No.      , 2020

 

(Education, Skills and Employment)

 

 

 

A Bill for an Act to amend the law relating to higher education and social security, and for related purposes

  

  


Contents

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

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

3............ Schedules............................................................................................ 3

Schedule 1—Commonwealth Grant Scheme                                                        4

Part 1—Amendments                                                                                                    4

Higher Education Support Act 2003                                                                       4

Part 2—Application provisions                                                                              23

Schedule 2—Maximum student contribution amounts for places         24

Part 1—Amendments commencing day after Royal Assent                   24

Division 1—Amendments                                                                                        24

Higher Education Support Act 2003                                                                     24

Division 2—Application provisions                                                                        27

Part 2—Amendments commencing 1 January 2021                                    28

Higher Education Support Amendment (2009 Budget Measures) Act 2009  28

Schedule 3—Other grants                                                                                               29

Part 1—Amendments commencing day after Royal Assent                   29

Higher Education Support Act 2003                                                                     29

Part 2—Amendments commencing 1 January 2021                                    30

Higher Education Support Act 2003                                                                     30

Schedule 4—Student protection                                                                                  31

Part 1—Amendments commencing 1 January 2021                                    31

Division 1—Amendments                                                                                        31

Education Legislation Amendment (Provider Integrity and Other Measures) Act 2017   31

Higher Education Support Act 2003                                                                     33

Division 2—Application provision                                                                          42

Part 2—Amendments commencing 1 January 2022                                    44

Division 1—Amendments                                                                                        44

Education Legislation Amendment (Provider Integrity and Other Measures) Act 2017   44

Higher Education Support Act 2003                                                                     44

Division 2—Application provision                                                                          45

Schedule 5—Other amendments                                                                                 46

Part 1—Amendments commencing 1 January 2020                                    46

Higher Education Support Act 2003                                                                     46

Part 2—Amendments commencing day after Royal Assent                   47

Higher Education Support Act 2003                                                                     47

Part 3—Amendments commencing 1 January 2021                                    49

Higher Education Support Act 2003                                                                     49

Social Security Act 1991                                                                                          49

 

 


A Bill for an Act to amend the law relating to higher education and social security, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Higher Education Support Amendment (Job‑Ready Graduates and Supporting Regional and Remote Students) Act 2020.

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

The day after this Act receives the Royal Assent.

 

 

3.  Schedule 2, Part 1

The day after this Act receives the Royal Assent.

 

 

4.  Schedule 2, Part 2

1 January 2021.

1 January 2021

 

5.  Schedule 3, Part 1

The day after this Act receives the Royal Assent.

 

 

6.  Schedule 3, Part 2

1 January 2021.

1 January 2021

 

7.  Schedule 4, Part 1

1 January 2021.

1 January 2021

 

8.  Schedule 4, Part 2

1 January 2022.

1 January 2022

 

9.  Schedule 5, Part 1

1 January 2020.

1 January 2020

10.  Schedule 5, Part 2

The day after this Act receives the Royal Assent.

 

11.  Schedule 5, Part 3

1 January 2021.

1 January 2021

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 1Commonwealth Grant Scheme

Part 1Amendments

Higher Education Support Act 2003

1  Subparagraph 30‑1(1)(b)(ii)

Repeal the subparagraph, substitute:

                             (ii)  the Minister has made an allocation under section 30‑10 to the provider for that year;

2  Subsection 30‑10(1)

Repeal the subsection, substitute:

             (1)  The Minister may allocate a specified number of Commonwealth support places for a year to:

                     (a)  a *Table A provider in relation to *designated higher education courses; and

                     (b)  a higher education provider referred to in subparagraph 30‑1(1)(b)(i).

Note:          The Minister does not allocate places to Table A providers in relation to higher education courses or demand driven higher education courses.

3  At the end of subsection 30‑10(4)

Add:

             ; and (c)  the number of places (if any) for each *funding cluster that are in respect of *non‑grandfathered students; and

                     (d)  the number of places (if any) for each funding cluster (other than the *first funding cluster and the *second funding cluster) that are in respect of *grandfathered students; and

                     (e)  the number of places (if any) for each *grandfathered funding cluster part that are in respect of grandfathered students.

4  Section 30‑12

Repeal the section, substitute:

30‑12  Designated higher education courses

             (1)  Each of the following is a designated higher education course in relation to a *Table A provider:

                     (a)  a *course of study in medicine;

                     (b)  a *course of study of a kind determined under subsection (2).

             (2)  The Minister may, by legislative instrument, determine a kind of *course of study for the purposes of paragraph (1)(b).

5  Section 30‑15

Repeal the section, substitute:

30‑15  Funding clusters

                   The funding clusters are:

 

Funding clusters

Item

Funding clusters

1

Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture

2

Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology, Professional Pathway Social Work

3

Nursing, Foreign Languages, Engineering, Surveying, Environmental Studies, Science

4

Agriculture, Medicine, Dentistry, Veterinary Science, Pathology

6  Paragraph 30‑25(3)(aa)

Omit “under section 30‑10”, substitute “for a *funding cluster, or a *grandfathered funding cluster part,”.

7  Paragraph 30‑25(3)(cb)

Repeal the paragraph.

8  Paragraph 30‑25(3)(e)

Omit “transitional”, substitute “transition fund”.

9  Section 30‑27

Repeal the section, substitute:

30‑27  Specification of maximum basic grant amounts in funding agreements

Maximum basic grant amounts for Table A providers

             (1)  Subject to subsections (2), (3) and (5), a funding agreement for a higher education provider that is a *Table A provider:

                     (a)  must specify an amount as the maximum basic grant amount payable to the provider for a *grant year for *higher education courses; and

                     (b)  may specify an amount as the maximum basic grant amount payable to the provider for a *grant year for each of the following:

                              (i)  *designated higher education courses;

                             (ii)  *demand driven higher education courses.

Table A providers—maximum basic grant amount for higher education courses

             (2)  If a funding agreement for a *Table A provider is in respect of 2021, 2022 and 2023, the maximum basic grant amount for the provider for each of those years for *higher education courses must not be less than the amount specified in the Commonwealth Grant Scheme Guidelines for the purposes of this subsection for the provider for each of those years for those courses.

             (3)  If a funding agreement for a *Table A provider is in respect of other later years, the maximum basic grant amount for the provider for each of those years for *higher education courses must not be less than:

                     (a)  for 2024—the amount specified in the Commonwealth Grant Scheme Guidelines for the purposes of this paragraph for the provider for that year for those courses; and

                     (b)  for any other later year—the maximum basic grant amount specified in the provider’s funding agreement for the preceding year for those courses.

             (4)  Without limiting subsection (2) and paragraph (3)(a), the Commonwealth Grant Scheme Guidelines may:

                     (a)  specify different amounts for different years for the purposes of that subsection; and

                     (b)  specify different amounts for different *Table A providers for the purposes of that subsection or paragraph.

Table A providers—maximum basic grant amount for designated higher education courses

             (5)  The maximum basic grant amount for a *Table A provider for a *grant year for *designated higher education courses must not be less than the amount worked out for the year for those courses using the method statement set out in paragraph 33‑5(3)(b) with the following modifications:

                     (a)  read a reference in step 1 of that statement to places provided by the provider in a *funding cluster as a reference to places allocated under section 30‑10 to the provider in that funding cluster;

                     (b)  disregard paragraph (a) of that step.

Maximum basic grant amount for non‑Table A providers

             (6)  Subject to subsection (7), a funding agreement for a higher education provider (other than a *Table A provider) may specify an amount as the maximum basic grant amount payable to the provider for a *grant year.

             (7)  The maximum basic grant amount for a higher education provider (other than a *Table A provider) for a *grant year must not be less than the amount worked out for the year using the method statement set out in paragraph 33‑5(7)(b) with the following modifications:

                     (a)  read a reference in steps 1, 2 and 3 of that statement to places provided by the provider in a *funding cluster or a *grandfathered funding cluster part as a reference to places allocated under section 30‑10 to the provider in that funding cluster or grandfathered funding cluster part;

                     (b)  disregard paragraph (a) of each of those steps.

10  Paragraph 33‑1(1)(a)

Omit “*basic”, substitute “*total basic”.

11  Subparagraph 33‑1(1)(b)(iv)

Omit “transitional”, substitute “transition fund”.

12  Subdivision 33‑B (heading)

Repeal the heading substitute:

Subdivision 33‑BTotal basic grant amounts

13  Section 33‑5

Repeal the section, substitute:

33‑5  Total basic grant amounts

Total basic grant amount for Table A providers

             (1)  The total basic grant amount for a *Table A provider for a year is the sum of the following amounts:

                     (a)  the amount for *higher education courses (see subsection (2));

                     (b)  the amount for *designated higher education courses (see subsections (3) and (4));

                     (c)  the amount for *demand driven higher education courses (see subsections (5) and (6)).

Table A providers—amount for higher education courses

             (2)  For the purposes of paragraph (1)(a), the amount for *higher education courses is the lesser of:

                     (a)  the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider’s funding agreement; and

                     (b)  the amount worked out for the year using the following method statement.

Method statement

Step 1.   For each *funding cluster in which the provider has provided places in those courses in respect of *non‑grandfathered students, multiply:

               (a)     the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

              (b)     the *Commonwealth contribution amount for a place in that funding cluster.

Step 2.   For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

               (a)     the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

              (b)     the *Commonwealth contribution amount for a place in that funding cluster.

Step 3.   For each *grandfathered funding cluster part in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

               (a)     the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by

              (b)     the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.

Step 4.   Add together all of the amounts worked out under steps 1, 2 and 3.

Table A providers—amount for designated higher education courses

             (3)  For the purposes of paragraph (1)(b) and subject to subsection (4), the amount for *designated higher education courses is the lesser of:

                     (a)  the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider’s funding agreement; and

                     (b)  the amount worked out for the year using the following method statement.

Method statement

Step 1.   For each *funding cluster in which the provider has provided places in those courses, multiply the *Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:

               (a)     the number that is the sum of the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of *non‑grandfathered students and in respect of *grandfathered students;

              (b)     the number of Commonwealth supported places allocated to the provider for that funding cluster.

Step 2.   Add together all of the amounts worked out under step 1.

             (4)  If a *maximum basic grant amount for the year for the *designated higher education courses is not specified in the *Table A provider’s funding agreement, the amount for those courses is the amount worked out for the year using the method statement set out in paragraph (3)(b).

Table A providers—amount for demand driven higher education courses

             (5)  For the purposes of paragraph (1)(c) and subject to subsection (6), the amount for *demand driven higher education courses is the lesser of:

                     (a)  the *maximum basic grant amount for the year for those courses that is specified in the *Table A provider’s funding agreement; and

                     (b)  the amount worked out for the year using the following method statement.

Method statement

Step 1.   For each *funding cluster in which the provider has provided places in those courses in respect of *non‑grandfathered students, multiply:

               (a)     the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

              (b)     the *Commonwealth contribution amount for a place in that funding cluster.

Step 2.   For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

               (a)     the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by

              (b)     the *Commonwealth contribution amount for a place in that funding cluster.

Step 3.   For each *grandfathered funding cluster part in which the provider has provided places in those courses in respect of *grandfathered students, multiply:

               (a)     the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by

              (b)     the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.

Step 4.   Add together all of the amounts worked out under steps 1, 2 and 3.

             (6)  If a *maximum basic grant amount for the year for the *demand driven higher education courses is not specified in the *Table A provider’s funding agreement, the amount for those courses is the amount worked out for the year using the method statement set out in paragraph (5)(b).

Total basic grant amount for non‑Table A providers

             (7)  Subject to subsection (8), the total basic grant amount for a higher education provider (other than a *Table A provider) for a year is the lesser of:

                     (a)  the *maximum basic grant amount for the year that is specified in the provider’s funding agreement; and

                     (b)  the amount worked out for the year using the following method statement.

Method statement

Step 1.   For each *funding cluster in which the provider has provided places in respect of *non‑grandfathered students, multiply the *Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:

               (a)     the *number of Commonwealth supported places provided by the provider in that funding cluster in respect of those students;

              (b)     the number of Commonwealth supported places allocated to the provider for that funding cluster in respect of those students.

Step 2.   For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in respect of *grandfathered students, multiply the *Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:

               (a)     the *number of Commonwealth supported places provided by the provider in that funding cluster in respect of those students;

              (b)     the number of Commonwealth supported places allocated to the provider for that funding cluster in respect of those students.

Step 3.   For each *grandfathered funding cluster part in which the provider has provided places in respect of *grandfathered students, multiply the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part by the lesser of the following:

               (a)     the *number of Commonwealth supported places provided by the provider in that part in respect of those students;

              (b)     the number of Commonwealth supported places allocated to the provider for that part in respect of those students.

Step 4.   Add together all of the amounts worked out under steps 1, 2 and 3.

             (8)  If a *maximum basic grant amount for the year is not specified in the funding agreement of the higher education provider referred to in subsection (7), the total basic grant amount for the provider is the amount worked out for the year using the method statement set out in paragraph (7)(b).

14  Section 33‑10

Repeal the section, substitute:

33‑10  Commonwealth contribution amounts and grandfathered Commonwealth contribution amounts

             (1)  The Commonwealth contribution amount for a place in a *funding cluster is the amount specified in the following table in relation to a place in the funding cluster.

 

Commonwealth contribution amounts

Item

For a place in this funding cluster:

The amount is:

1

Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture

$1,100

2

Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology, Professional Pathway Social Work

$13,250

3

Nursing, Foreign Languages, Engineering, Surveying, Environmental Studies, Science

$16,250

4

Agriculture, Medicine, Dentistry, Veterinary Science, Pathology

$27,000

Note:          Commonwealth contribution amounts are indexed under Part 5‑6.

             (2)  The grandfathered Commonwealth contribution amount for a place in a *grandfathered funding cluster part is the amount specified in the following table in relation to a place in the grandfathered funding cluster part.

 

Grandfathered Commonwealth contribution amounts

Item

For a place in this grandfathered funding cluster part:

The amount is:

1

Law, Accounting, Administration, Economics or Commerce

$2,237

2

Communications

$13,547

3

The Social Studies or Behavioural Science subpart of the Society and Culture part of the first funding cluster

$11,015

4

Any other subpart of the Society and Culture part of the first funding cluster

$6,226

5

Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment or Computing

$13,500

6

Visual and Performing Arts

$13,547

7

Professional Pathway Psychology or Professional Pathway Social Work

$11,015

Note:          Grandfathered Commonwealth contribution amounts are indexed under Part 5‑6.

15  Subsection 33‑30(1)

After “has provided”, insert “in respect of *non‑grandfathered students”.

16  Subsection 33‑30(1) (method statement)

Omit “a unit of study that wholly consists of *work experience in industry”, substitute “any unit that is an *ineligible work experience unit for a *non‑grandfathered student”.

17  Subsection 33‑30(1) (method statement, paragraph (b) of step 1)

Omit “persons”, substitute “non‑grandfathered students”.

18  After subsection 33‑30(1)

Insert:

          (1A)  The number of Commonwealth supported places that a higher education provider has provided in respect of *grandfathered students during a particular year is a number equal to the number worked out as follows:

Method statement

Step 1.   For each unit of study (other than any unit that is an *ineligible work experience unit for a *grandfathered student) that the provider provided that had its *census date during the year, multiply:

               (a)     the *EFTSL value of the unit; by

              (b)     the number of grandfathered students enrolled with the provider in that unit as *Commonwealth supported students.

Step 2.   Add together all of the amounts worked out under step 1.

19  Subsection 33‑30(3)

Before “to the units”, insert “or (1A) (as the case requires)”.

20  Subsection 33‑30(3) (table)

Repeal the table, substitute:

 

Working out the number of Commonwealth supported places provided

Item

Column 1

To work out the number of Commonwealth supported places provided in …

Column 2

apply the method statement in subsection (1) or (1A) (as the case requires) to …

1

a *funding cluster or a *grandfathered funding cluster part

units provided by the provider in the funding cluster or the grandfathered funding cluster part.

2

*higher education courses in a *funding cluster or a *grandfathered funding cluster part

units provided by the provider in the funding cluster, or the grandfathered funding cluster part, in those courses.

3

*designated higher education courses in a *funding cluster

units provided by the provider in the funding cluster in those courses.

4

*demand driven higher education courses in a *funding cluster or a *grandfathered funding cluster part

units provided by the provider in the funding cluster, or the grandfathered funding cluster part, in those courses.

 

21  Subsection 33‑37(1)

Omit “*basic grant amount for the grant year”, substitute “*total basic grant amount for a year”.

22  Subsection 33‑37(1)

Omit “grant” (second and third occurring).

23  Subsection 33‑37(2) (definition of total places provided)

Repeal the definition, substitute:

total places provided is the sum of the following:

                     (a)  the *number of Commonwealth supported places that the higher education provider has provided in respect of *non‑grandfathered students for the year;

                     (b)  the number of Commonwealth supported places that the higher education provider has provided in respect of *grandfathered students for the year.

24  Paragraph 33‑37(4)(d)

Omit “*basic grant amount for the grant year”, substitute “*total basic grant amount for the year”.

25  Subsection 33‑37(6)

Omit “*basic grant amount for a grant year”, substitute “*total basic grant amount for a year”.

26  Subsection 198‑5(1) (table item 1)

Repeal the item, substitute:

 

1

*Commonwealth contribution amount

Subsection 33‑10(1)

2A

*Grandfathered Commonwealth contribution amount

Subsection 33‑10(2)

27  Paragraph 238‑10(1)(a)

Omit “Chapter, Part or section”, substitute “provision (or a term defined in the Dictionary in Schedule 1 that is required for the purposes of the provision)”.

28  Paragraph 238‑10(1)(b)

Omit “Chapter, Part or section”, substitute “provision”.

29  Subsection 238‑10(1) (table, heading to column headed “Chapter/Part/section”)

Repeal the heading, substitute:

                Provision

30  Subsection 238‑10(1) (table item 1)

After “section 19‑37;”, insert “section 33‑30;”.

31  Subclause 1(1) of Schedule 1 (definition of basic grant amount)

Repeal the definition.

32  Subclause 1(1) of Schedule 1 (definition of Commonwealth contribution amount)

Omit “section 33‑10”, substitute “subsection 33‑10(1)”.

33  Subclause 1(1) of Schedule 1

Insert:

demand driven higher education course means a *course of study that:

                     (a)  is undertaken by an *eligible Indigenous person for the course of study with a *Table A provider; and

                     (b)  is leading to a *higher education award that is a bachelor degree or bachelor honours degree; and

                     (c)  is not a *designated higher education course.

34  Subclause 1(1) of Schedule 1 (definition of designated courses of study)

Repeal the definition.

35  Subclause 1(1) of Schedule 1

Insert:

designated higher education course has the meaning given by subsection 30‑12(1).

                   eligible Indigenous person: an Indigenous person is an eligible Indigenous person for a *course of study with a *Table A provider if, at the time the person first enrols in a course of study with that provider, the person’s permanent residential address is in a *regional area or a *remote area.

first funding cluster means the *funding cluster referred to in item 1 of the table in section 30‑15.

grandfathered Commonwealth contribution amount has the meaning given by subsection 33‑10(2).

grandfathered funding cluster part means:

                     (a)  any part of the *first funding cluster other than the Society and Culture part of that cluster; or

                     (b)  the Social Studies or Behavioural Science subpart of the Society and Culture part of the first funding cluster; or

                     (c)  any other subpart of the Society and Culture part of the first funding cluster; or

                     (d)  any part of the *second funding cluster.

grandfathered student: a person is a grandfathered student if:

                     (a)  any of the following apply in relation to the person:

                              (i)  the person commenced a *course of study (the ongoing course) with a higher education provider before 1 January 2021 but has not completed the ongoing course immediately before that day;

                             (ii)  the person completed a course of study (the earlier course) with a higher education provider before 1 January 2021 and, on or after that day, the person commences another course of study (the honours course) that relates to the earlier course and that is leading to a *higher education award that is an honours degree;

                            (iii)  the person was undertaking, in 2020, an *enabling course and, on or after 1 January 2021, the person commences another course of study (the later course) that is leading to a higher education award;

                            (iv)  the person was undertaking, in 2020, a course of study (the UC course) leading to a higher education award that is an undergraduate certificate and, on or after 1 January 2021, the person commences another course of study (the higher qualification course) that relates to the UC course and that is leading to a higher education award that is a bachelor degree; and

                     (b)  the person was, at any time before 1 January 2021, a *Commonwealth supported student in relation to a unit of study in the ongoing course, earlier course, enabling course or UC course (as the case may be); and

                     (c)  the person undertakes a unit of study as part of the ongoing course, honours course, later course or higher qualification course (as the case may be) that has a *census date that is on or after 1 January 2021.

Note:          An undergraduate certificate is an award conferred by higher education providers under the Australian Qualifications Framework.

                   grant year has the meaning given by subsection 30‑25(1).

                   higher education course means a *course of study other than the following:

                     (a)  a course of study that is a *designated higher education course;

                     (b)  a course of study that is a *demand driven higher education course.

Indigenous person has the same meaning as in the Indigenous Education (Targeted Assistance) Act 2000.

ineligible work experience unit for a *non‑grandfathered student or a *grandfathered student means a unit of study that the student is enrolled in that meets the following conditions:

                     (a)  the unit wholly consists of *work experience in industry;

                     (b)  either:

                              (i)  the student is exempt from paying his or her *student contribution amount in relation to the unit; or

                             (ii)  the unit does not meet the requirements specified by the Administration Guidelines for the purposes of this subparagraph.

36  Subclause 1(1) of Schedule 1 (definition of maximum basic grant amount)

Omit “subsection 30‑27(1)”, substitute “section 30‑27”.

37  Subclause 1(1) of Schedule 1 (definition of non‑designated courses of study)

Repeal the definition.

38  Subclause 1(1) of Schedule 1

Insert:

non‑grandfathered student means a person other than a *grandfathered student.

39  Subclause 1(1) of Schedule 1 (definition of number of Commonwealth supported places)

Repeal the definition, substitute:

number of Commonwealth supported places means:

                     (a)  in relation to an allocation of a number of Commonwealth supported places for a *funding cluster or a *grandfathered funding cluster part—the number of places allocated under section 30‑10 for that funding cluster or that grandfathered funding cluster part; or

                     (b)  in relation to the provision of a number of Commonwealth supported places in respect of *non‑grandfathered students—the number worked out under subsection 33‑30(1); or

                     (c)  in relation to the provision of a number of Commonwealth supported places in respect of *grandfathered students—the number worked out under subsection 33‑30(1A).

40  Subclause 1(1) of Schedule 1

Insert:

regional area means an area that is classified as inner regional Australia, or outer regional Australia, under the *ABS Remoteness Structure.

remote area means an area that is classified as remote Australia, or very remote Australia, under the *ABS Remoteness Structure.

second funding cluster means the *funding cluster referred to in item 2 of the table in section 30‑15.

total basic grant amount has the meaning given by section 33‑5.

Part 2Application provisions

41  Application of amendments

The amendments of the Higher Education Support Act 2003 made by this Schedule apply in relation to the following:

                     (a)  funding agreements entered into under Part 2‑2 of that Act in respect of 2021 and later calendar years;

                     (b)  grants payable under that Part for 2021 and later calendar years.

42  Indexation

Despite anything in Division 198 of Part 5‑6 of the Higher Education Support Act 2003, an amount specified in subsection 33‑10(1) or (2) of that Act, as amended by this Schedule, is not to be indexed on 1 January 2021.

Schedule 2Maximum student contribution amounts for places

Part 1Amendments commencing day after Royal Assent

Division 1—Amendments

Higher Education Support Act 2003

1  Section 33‑35

Repeal the section, substitute:

33‑35  Funding clusters, or parts of funding clusters, in which units are included

                   The Commonwealth Grant Scheme Guidelines may specify:

                     (a)  how to determine, for the purposes of this Act, the *funding cluster, or the part of a funding cluster, in which units of study are included; or

                     (b)  the particular funding cluster, or the particular part of a particular funding cluster, in which a particular unit is included for the purposes of this Act.

2  Section 87‑5 (note 1)

Omit “Note 1”, substitute “Note”.

3  Section 87‑5 (note 2)

Repeal the note.

4  At the end of subsection 93‑5(2)

Add “that applies in respect of that person”.

5  Section 93‑10

Repeal the section, substitute:

93‑10  Maximum student contribution amount for a place

                   The maximum student contribution amount for a place in a unit of study is the amount specified in respect of a person in the following table in relation to the *funding cluster in which the unit is included.

 

Maximum student contribution amounts for a place

Item

For a place in a unit of study included in this funding cluster:

The amount in respect of a non‑grandfathered student is:

The amount in respect of a grandfathered student is:

1

Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture

$14,500.

(a) for a place in a unit in Law, Accounting, Administration, Economics or Commerce—$11,355; or

(b) for a place in a unit in Communications or Society and Culture—$6,804.

2

Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology or Professional Pathway Social Work

(a) for a place in a unit in Education, Clinical Psychology, English, Mathematics or Statistics—$3,950; or

(b) for a place in a unit in Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology or Professional Pathway Social Work—$7,950.

(a) for a place in a unit in Education, Clinical Psychology, English, Mathematics or Statistics—$3,950; or

(b) for a place in a unit in Allied Health, Other Health, Built Environment or Computing—$7,950; or

(c) for a place in a unit in Visual and Performing Arts, Professional Pathway Psychology or Professional Pathway Social Work—$6,804.

3

Nursing, Foreign Languages, Engineering, Surveying, Environmental Studies, Science

(a) for a place in a unit in Nursing or Foreign Languages—$3,950; or

(b) for a place in a unit in Engineering, Surveying, Environmental Studies or Science—$7,950.

(a) for a place in a unit in Nursing or Foreign Languages—$3,950; or

(b) for a place in a unit in Engineering, Surveying, Environmental Studies or Science—$7,950.

4

Agriculture, Medicine, Dentistry, Veterinary Science, Pathology

(a) for a place in a unit in Agriculture—$3,950; or

(b) for a place in a unit in Medicine, Dentistry or Veterinary Science—$11,300; or

(c) for a place in a unit in Pathology—$7,950.

(a) for a place in a unit in Agriculture—$3,950; or

(b) for a place in a unit in Medicine, Dentistry or Veterinary Science—$11,300; or

(c) for a place in a unit in Pathology—$7,950.

Note 1:       The Commonwealth Grant Scheme Guidelines may specify how to determine the funding cluster, or the part of a funding cluster, in which units of study are included or the particular funding cluster, or the particular part of a particular funding cluster, in which a particular unit of study is included: see section 33‑35.

Note 2:       Maximum student contribution amounts for places are indexed under Part 5‑6.

6  Subsection 198‑5(1) (table item 3)

Omit “amounts for places”, substitute “amount for a place”.

7  Subsection 238‑10(1) (table item 2)

Omit “; section 93‑10”.

8  Subclause 1(1) of Schedule 1 (definition of maximum student contribution amount for a place)

Omit “subsection 93‑10(1)”, substitute “section 93‑10”.

Division 2—Application provisions

9  Application of amendments

Sections 93‑5 and 93‑10 of the Higher Education Support Act 2003, as amended by this Schedule, apply in relation to a unit of study that has a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day).

10  Indexation

Despite anything in Division 198 of Part 5‑6 of the Higher Education Support Act 2003, an amount specified in section 93‑10 of that Act, as amended by this Schedule, is not to be indexed on 1 January 2021.

Part 2Amendments commencing 1 January 2021

Higher Education Support Amendment (2009 Budget Measures) Act 2009

11  Item 3 of Schedule 5

Repeal the item.

Schedule 3Other grants

Part 1Amendments commencing day after Royal Assent

Higher Education Support Act 2003

1  After paragraph 19‑110(3)(c)

Insert:

            ; and (d)  a statement of the provider’s strategies for engaging with industry; and

                     (e)  a statement of the provider’s strategies for improving equality of opportunity in higher education.

2  Application of amendment

The amendment of subsection 19‑110(3) of the Higher Education Support Act 2003 made by item 1 of this Schedule applies in relation to a mission based compact in respect of 2021 and later calendar years.

Part 2Amendments commencing 1 January 2021

Higher Education Support Act 2003

3  After subparagraph 2‑1(b)(iii)

Insert:

                     and (iv)  the engagement with industry and the local community to enable graduates to thrive in the workforce;

4  Paragraphs 30‑25(3)(b), (ca), (d) and (da)

Repeal the paragraphs.

5  Subparagraphs 33‑1(1)(b)(i) and (iii)

Repeal the subparagraphs.

6  Subsection 41‑10(1) (cell at table item 1, column headed “Who is eligible”)

Repeal the cell, substitute:

 

*Table A providers and bodies corporate that are specified in the Other Grants Guidelines for the purposes of this item

7  Subsection 41‑10(1) (at the end of the table)

Add:

 

13

Grants to encourage higher education providers to engage with industry

*Table A providers

Schedule 4Student protection

Part 1Amendments commencing 1 January 2021

Division 1—Amendments

Education Legislation Amendment (Provider Integrity and Other Measures) Act 2017

1  At the end of Part 2 of Schedule 3

Add:

45  Further application of amendments—listed providers and Table C providers

(1)       In this item:

Act means the Higher Education Support Act 2003.

commencement day means 1 January 2021.

(2)       The amendments of sections 19‑10 and 19‑12 of the Act made by this Schedule apply on and after the commencement day in relation to higher education providers taken to be approved under section 16‑5 of the Act, whether taken to be approved before, on or after that day.

(3)       Sections 19‑36 to 19‑36E and 19‑42 of the Act, as inserted by this Schedule, apply on and after the commencement day in relation to higher education providers taken to be approved under section 16‑5 of the Act, whether taken to be approved before, on or after that day.

(4)       The amendments of sections 19‑45 and 19‑70 of the Act made by this Schedule apply on and after the commencement day in relation to higher education providers taken to be approved under section 16‑5 of the Act, whether taken to be approved before, on or after that day.

(5)       Sections 19‑71 to 19‑73 of the Act, as inserted by this Schedule, apply on and after the commencement day in relation to higher education providers taken to be approved under section 16‑5 of the Act, whether taken to be approved before, on or after that day.

(6)       The amendments of sections 19‑75, 19‑77, 19‑78, 19‑80, 19‑82 and 19‑95 of the Act made by this Schedule apply on and after the commencement day in relation to higher education providers taken to be approved under section 16‑5 of the Act, whether taken to be approved before, on or after that day.

(7)       The amendments of section 104‑1 of the Act made by this Schedule apply in relation to a unit of study if:

                     (a)  the unit of study is undertaken as part of a course of study; and

                     (b)  the student enrolled in the course of study on or after the commencement day; and

                     (c)  the unit of study has a census date that occurs on or after that day; and

                     (d)  the unit is provided by a higher education provider taken to be approved under section 16‑5 of the Act, whether taken to be approved before, on or after that day.

(8)       Sections 104‑43 and 104‑44 of the Act, as inserted by this Schedule, apply on and after the commencement day in relation to higher education providers taken to be approved under section 16‑5 of the Act, whether taken to be approved before, on or after that day.

(9)       Section 169‑17 of the Act, as inserted by this Schedule, applies in relation to students enrolled in units of study:

                     (a)  with census dates that occur on or after the commencement day (whether the units of study are part of a course of study commenced before, on or after that day); and

                     (b)  that are provided by higher education providers taken to be approved under section 16‑5 of the Act, whether taken to be approved before, on or after that day.

(10)     The amendments of sections 169‑25 and 174‑5 of the Act made by this Schedule apply on and after the commencement day in relation to higher education providers taken to be approved under section 16‑5 of the Act, whether taken to be approved before, on or after that day.

Higher Education Support Act 2003

2  Paragraph 19‑10(2)(ab)

Before “comply”, insert “must”.

3  Subparagraph 19‑45(1)(c)(i)

Repeal the subparagraph, substitute:

                              (i)  under subsection 36‑12(2) or 36‑20(1); or

4  Paragraph 19‑45(4)(a)

Repeal the paragraph, substitute:

                     (a)  under subsection 36‑12(2) or 36‑20(1); or

5  Paragraph 19‑50(1)(a)

Repeal the paragraph, substitute:

                     (a)  under subsection 36‑12(2) or 36‑20(1); or

6  Paragraph 19‑50(2)(c)

Repeal the paragraph, substitute:

                     (c)  under subsection 36‑12(2) or 36‑20(1); or

7  Subsection 19‑60(1)

Omit “section 36‑20”, substitute “subsection 36‑12(2) or 36‑20(1)”.

8  Section 19‑80 (heading)

Omit “—provider (other than Table A provider)”.

9  Subsection 19‑80(1)

Omit “(other than a *Table A provider)”.

10  Paragraph 36‑5(1)(b)

Omit “, under section 36‑10 or 36‑15, or both,”, substitute “under this Subdivision”.

11  At the end of section 36‑5

Add:

             (5)  In addition, the person is not a *Commonwealth supported student in relation to the unit of study if the *Secretary determines that the person is not a genuine student in relation to the unit.

             (6)  In determining whether a person is a genuine student for the purposes of subsection (5), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.

             (7)  If a determination under subsection (5) is made in writing, the determination is not a legislative instrument.

12  Section 36‑10 (at the end of the heading)

Add “—general”.

13  After paragraph 36‑10(1)(b)

Insert:

                   (ba)  the person has been assessed by the higher education provider, in accordance with section 19‑42, as academically suited to undertake the unit; and

14  After section 36‑10

Insert:

36‑12  Advice on whether a person is a Commonwealth supported student—unreasonable study load

             (1)  A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study (the new unit) if the sum of the following amounts is more than 2:

                     (a)  the *EFTSL value of the new unit;

                     (b)  the sum of the EFTSL values of each other unit of study:

                              (i)  that has a *census date during the 12 month period ending on the census date for the new unit; and

                             (ii)  for which the person is entitled to *HECS‑HELP assistance or *FEE‑HELP assistance, or would be so entitled but for the previous operation of this section, or section 104‑1AA, in relation to the other unit of study.

             (2)  Subsection (1) does not apply if the higher education provider determines that undertaking the new unit will not impose an unreasonable study load on the person, having regard to:

                     (a)  whether the person has the demonstrated capacity and capability to successfully complete units of study that have a total EFTSL value of more than 2; and

                     (b)  the matters (if any) specified by the Higher Education Provider Guidelines for the purposes of this paragraph.

             (3)  A decision of a higher education provider under subsection (2) must be in accordance with the requirements (if any) specified in the Higher Education Provider Guidelines.

             (4)  If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.

15  At the end of section 36‑15

Add:

             (5)  A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:

                     (a)  the provider has completed any part of a *request for Commonwealth assistance that the person is required to complete; and

                     (b)  the request relates to the person enrolling in the unit of study or, where the unit forms part of a *course of study undertaken with the provider, the course of study.

16  Section 36‑24C

Omit “subsection 36‑20(1)”, substitute “subsection 36‑12(2) or 36‑20(1)”.

17  Paragraphs 36‑25(1)(b) and (2)(c)

Omit “under section 36‑10 or section 36‑15, or both”, substitute “under Subdivision 36‑B”.

18  Paragraph 36‑30(1)(b)

Omit “under section 36‑10 or section 36‑15, or both”, substitute “under Subdivision 36‑B”.

19  At the end of subsection 36‑30(3)

Add:

             ; and (c)  the provider is not prohibited, under Subdivision 36‑B, from advising the person that the person is a Commonwealth supported student in relation to the unit.

20  Section 90‑1

Omit “Subject to section 90‑10, a student”, substitute “A student”.

21  Section 90‑10

Repeal the section.

22  At the end of Division 96

Add:

96‑5  Effect of HELP balance being re‑credited

             (1)  If, under Division 97, a person’s *HELP balance is re‑credited with an amount relating to *HECS‑HELP assistance for a unit of study, the provider must pay to the Commonwealth an amount equal to the amount of HECS‑HELP assistance to which the person was entitled for the unit.

Note:          The provider must repay the amount under subsection (1) even if the person’s HELP balance is not increased by an amount equal to the amount re‑credited.

             (2)  Subsection (1) does not apply to the provider if:

                     (a)  the person’s *HELP balance was re‑credited under subsection 97‑25(2) (which deals with the main case of re‑crediting a person’s HELP balance); and

                     (b)  the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *tuition protection requirements.

             (3)  The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to the re‑crediting of a person’s *HELP balance in circumstances to which subsection (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.

96‑10  Implications for student’s liability to higher education provider for student contribution amount

                   If, under Division 97, a student’s *HELP balance is re‑credited with an amount relating to *HECS‑HELP assistance for a unit of study, the student is discharged from all liability to pay or account for so much of the student’s *student contribution amount for the unit as is equal to that amount.

23  At the end of Division 97

Add:

97‑45  Re‑crediting a person’s HELP balance in relation to HECS‑HELP assistance—provider completes request for assistance

             (1)  A higher education provider must, on the *Secretary’s behalf, re‑credit a person’s *HELP balance with an amount equal to the amounts of *HECS‑HELP assistance that the person received for a unit of study if the provider completes any part of the *request for Commonwealth assistance in relation to the unit that the person is required to complete.

Note:          A HECS‑HELP debt relating to a unit of study is taken to be remitted if the HELP balance in relation to the unit is re‑credited under this section: see subsection 137‑5(5).

             (2)  The *Secretary may re‑credit the person’s *HELP balance under this section if the provider is unable to do so.

97‑50  Re‑crediting a person’s HELP balance in relation to HECS‑HELP assistance—person not entitled to assistance

             (1)  A higher education provider must, on the *Secretary’s behalf, re‑credit a person’s *HELP balance with an amount equal to the amounts of *HECS‑HELP assistance that the person received for a unit of study if the provider or the Secretary is satisfied that the person was not entitled to receive HECS‑HELP assistance for the unit of study with the provider.

Note 1:       For example, a person is not entitled to HECS‑HELP assistance for a unit of study if the person is not a Commonwealth supported student in relation to the unit: see section 90‑1.

Note 2:       Subdivision 36‑B sets out circumstances in which a higher education provider must not advise a person that the person is a Commonwealth supported student in relation to a unit of study.

Note 3:       A HECS‑HELP debt relating to a unit of study is taken to be remitted if the HELP balance in relation to the unit is re‑credited under this section: see subsection 137‑5(5).

             (2)  The *Secretary may re‑credit the person’s *HELP balance under subsection (1) if the provider is unable to do so.

24  Subsection 104‑1(1)

Omit “104‑1A”, substitute “104‑1AA, 104‑1A”.

25  Paragraph 104‑1(1)(ab)

Repeal the paragraph.

26  Subsection 104‑1(1A)

Repeal the subsection, substitute:

       (1AA)  A student is not entitled to *FEE‑HELP assistance for a unit of study if the *Secretary determines that the student is not a genuine student in relation to the unit.

       (1AB)  In determining whether a student is a genuine student for the purposes of subsection (1AA), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.

       (1AC)  If a determination under subsection (1AA) is made in writing, the determination is not a legislative instrument.

27  After section 104‑1

Insert:

104‑1AA  Student has unreasonable study load

             (1)  A student is not entitled to *FEE‑HELP assistance for a unit of study (the new unit) provided, or to be provided, by a higher education provider if the sum of the following amounts is more than 2:

                     (a)  the *EFTSL value of the new unit;

                     (b)  the sum of the EFTSL values of each other unit of study:

                              (i)  that has a *census date during the 12 month period ending on the census date for the new unit; and

                             (ii)  for which the person is entitled to *HECS‑HELP assistance or *FEE‑HELP assistance, or would be so entitled but for the previous operation of this section, or section 36‑12, in relation to the other unit of study.

             (2)  Subsection (1) does not apply if the higher education provider determines that undertaking the new unit will not impose an unreasonable study load on the person, having regard to:

                     (a)  whether the person has the demonstrated capacity and capability to successfully complete units of study that have a total EFTSL value of more than 2; and

                     (b)  the matters (if any) specified by the Higher Education Provider Guidelines for the purposes of this paragraph.

             (3)  A decision of a higher education provider under subsection (2) must be in accordance with the Higher Education Provider Guidelines.

             (4)  If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.

28  At the end of Subdivision 104‑A

Add:

104‑12  Secretary may act if provider is unable to

                   If a higher education provider is unable to act for the purposes of subsection 104‑1AA(2), the *Secretary may act as if one or more of the references in that provision to a higher education provider were a reference to the Secretary.

29  Paragraph 104‑43(1)(b)

Repeal the paragraph, substitute:

                     (b)  the Secretary has determined under subsection 104‑1(1AA) that the student is not a genuine student in relation to the unit.

30  At the end of Division 110

Add:

110‑10  Implications for student’s liability to higher education provider for student tuition fee

                   If, under Subdivision 104‑B, a student’s *HELP balance is re‑credited with an amount relating to *FEE‑HELP assistance for a *unit of study, the student is discharged from all liability to pay or account for so much of the student’s *tuition fee for the unit as is equal to that amount.

31  Subsection 137‑5(5)

Omit “section 97‑25, 97‑27 or 97‑42”, substitute “Division 97”.

32  Section 206‑1 (after table item 1AB)

Insert:

 

1AC

A decision that a person is not a genuine student in relation to a unit of study

subsection 36‑5(5)

the *Secretary

1AD

A decision that undertaking a unit of study will impose an unreasonable study load on a student

subsection 36‑12(2)

(a) the higher education provider with whom the student is enrolled in the unit; or

(b) if the *Secretary made the decision—the Secretary

 

33  Section 206‑1 (after table item 1B)

Insert:

 

1C

Refusal to re‑credit a person’s *HELP balance

subsection 97‑45(1)

(a) the higher education provider with whom the student is enrolled in the unit; or

(b) if the *Secretary made the decision—the Secretary

1D

Refusal to re‑credit a person’s *HELP balance

subsection 97‑50(1)

(a) the higher education provider with whom the student is enrolled in the unit; or

(b) if the *Secretary made the decision—the Secretary

1E

A decision that a student is not a genuine student in relation to a unit of study

subsection 104‑1(1AA)

the *Secretary

1F

A decision that undertaking a unit of study will impose an unreasonable study load on a student

subsection 104‑1AA(2)

(a) the higher education provider with whom the student is enrolled in the unit; or

(b) if the *Secretary made the decision—the Secretary

1

A decision that section 104‑30 does not apply to a person

subsection 104‑1A(2)

the higher education provider with whom the student is enrolled in the unit

34  Section 206‑1 (note 1)

Repeal the note, substitute:

Note 1:       The decisions referred to in items 1A, 1B, 1C, 1D and 2 of the table are made by a higher education provider on the Secretary’s behalf.

35  Subsection 209‑1(2) (note 1)

Omit “section 36‑20”, substitute “subsection 36‑12(2) or 36‑20(1)”.

36  Paragraph 238‑1(2)(a)

Repeal the paragraph, substitute:

                     (a)  under subsection 36‑12(2) or 36‑20(1); or

37  Subsection 238‑10(1) (table item 6)

Omit “section 104‑1;”, substitute “Division 36; section 96‑5; Subdivision 104‑A; section 110‑5;”.

Division 2—Application provision

38  Application of amendments

(1)       The amendments of section 36‑5, 36‑10, 36‑15 and 104‑1 of the Higher Education Support Act 2003 made by this Part apply in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day).

(2)       Sections 36‑12, 97‑45, 97‑50 and 104‑1AA of the Higher Education Support Act 2003, as inserted by this Part, apply in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day).

(3)       Section 96‑10 of the Higher Education Support Act 2003, as inserted by this Part, applies in relation to any unit of study in respect of which a student becomes liable, on or after 1 January 2021, to pay a student contribution amount (whether the unit of study is part of a course of study commenced before, on or after that day).

(4)       Section 110‑10 of the Higher Education Support Act 2003, as inserted by this Part, applies in relation to any unit of study in respect of which a student becomes liable, on or after 1 January 2021, to pay a tuition fee (whether the unit of study is part of a course of study commenced before, on or after that day).

Part 2Amendments commencing 1 January 2022

Division 1—Amendments

Education Legislation Amendment (Provider Integrity and Other Measures) Act 2017

39  After subitem 45(7) of Part 2 of Schedule 3

Insert:

(7A)     Section 104‑1A of the Act, as inserted by this Schedule, applies in relation to a unit of study if:

                     (a)  the unit of study is undertaken as part of a course of study; and

                     (b)  the student enrolled in the course of study on or after 1 January 2022; and

                     (c)  the unit of study has a census date that occurs on or after that day; and

                     (d)  the unit is provided by a higher education provider taken to be approved under section 16‑5 of the Act, whether taken to be approved before, on or after that day.

Higher Education Support Act 2003

40  After section 36‑12

Insert:

36‑13  Advice on whether a person is a Commonwealth supported student—failure to complete previous units

             (1)  A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:

                     (a)  in a case where the unit of study is part of a *course of study leading to a *higher education award that is a bachelor degree or higher qualification:

                              (i)  the student has already undertaken 8 or more other units of study with that provider as part of that course of study; and

                             (ii)  the student did not successfully complete at least 50% of those other units; or

                     (b)  in any other case:

                              (i)  the student has already undertaken 4 or more other units of study with that provider as part of a course of study; and

                             (ii)  the student did not successfully complete at least 50% of those other units.

             (2)  In determining, for the purposes of subparagraphs (1)(a)(ii) and (b)(ii), the number of units the student did not successfully complete, disregard any units:

                     (a)  not completed by the student; and

                     (b)  in respect of which the provider has determined that section 36‑20 (which deals with special circumstances) applies to the student.

Division 2—Application provision

41  Application of amendment

            Section 36‑13 of the Higher Education Support Act 2003, as inserted by this Part, applies in relation to a unit of study if:

                     (a)  the unit of study is undertaken as part of a course of study; and

                     (b)  the student enrolled in the course of study on or after 1 January 2022; and

                     (c)  the unit of study has a census date that occurs on or after that day; and

                     (d)  the unit is provided by a higher education provider taken to be approved under section 16‑5 of the Act, whether taken to be approved before, on or after that day.

Schedule 5Other amendments

Part 1Amendments commencing 1 January 2020

Higher Education Support Act 2003

1  Paragraph 142‑1(2)(a)

Repeal the paragraph, substitute:

                     (a)  an approved child care service (within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999) that is a centre‑based day care service;

Part 2Amendments commencing day after Royal Assent

Higher Education Support Act 2003

2  Subsection 16‑22(1) (table)

Omit “University College London, a non‑profit organisation established under United Kingdom law”.

3  Section 27‑5

Repeal the section, substitute:

27‑5  Commonwealth Grant Scheme 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.

4  Subsection 36‑55(1) (not including the heading)

Repeal the subsection, substitute:

             (1)  A higher education provider must not determine, as a person’s *tuition fee for a unit of study, an amount that is less than the highest *student contribution amount that the provider would charge any person who is a *Commonwealth supported student in relation to the unit.

5  Subsection 36‑55(2)

Omit all the words after “is less”, substitute “than the *student contribution amount referred to in subsection (1)”.

6  Section 51‑5

Repeal the section.

7  Paragraph 54‑5(f)

Repeal the paragraph.

8  Subsection 57‑1(1)

Omit “(1)”.

9  Subsections 57‑1(2) and 57‑5(3)

Repeal the subsections.

10  Subsection 238‑10(1) (table items 9 and 11)

Repeal the items.

Part 3Amendments commencing 1 January 2021

Higher Education Support Act 2003

11  Subsection 16‑15(1) (table)

Insert “Australian National University”.

12  Subsection 16‑15(1) (table)

Omit “The Australian National University”.

13  Subsection 16‑15(1) (table)

After “Catholic University”, insert “Limited”.

14  Subsection 16‑20(1) (table)

After “Bond University”, insert “Limited”.

15  Subsection 16‑20(1) (table)

After “University Australia”, insert “Ltd”.

16  After subparagraph 137‑10(2)(b)(i)

Insert:

                            (ia)  for a unit of study with a census date on or after 1 January 2021—an amount equal to 120% of the loan; or

Social Security Act 1991

17  Subparagraph 1061ZAAB(c)(i)

Omit “6 months”, substitute “3 months”.

18  Application of amendment

The amendment of subparagraph 1061ZAAB(c)(i) of the Social Security Act 1991 made by item 17 of this Schedule applies in relation to the 2021 study year and later study years.