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A Bill for an Act to amend the Higher Education Support Act 2003, 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 06 Dec 2021
Introduced HR 02 Dec 2021
Table of contents.

2019‑2020‑2021

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Higher Education Support Amendment (2021 Measures No. 1) Bill 2021

 

No.      , 2021

 

(Education, Skills and Employment)

 

 

 

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 is the Higher Education Support Amendment (2021 Measures No. 1) Act 2021.

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.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted.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  Subsection 16‑20(1) (table)

Before:

 

Bond University Limited

 

insert:

 

Avondale University

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

Add:

 

14

Grants to assist higher education providers to translate research into commercial outcomes, including through collaboration with industry

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

 

3  Subclause 1(1) of Schedule 1 (after subparagraph (a)(i) of the definition of grandfathered student)

Insert:

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

4  Subclause 1(1) of Schedule 1 (subparagraph (a)(ii) of the definition of grandfathered student)

Omit “*higher education award”, substitute “higher education award”.

5  Application—definition of grandfathered student

The amendment made by item 3 of this Schedule applies on and after the commencement of that item in relation to a person who undertakes a unit of study in an ongoing course or an honours course that has a census date on or after 1 January 2021, whether the person enrolled in that unit of study before, on or after the commencement of that item.

6  Transitional rules

(1)       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.

(2)       Without limiting subitem (1), the rules may make provision for, or in relation to, the following matters:

                     (a)  requiring a higher education provider to refund amounts of upfront payments made by a transitional grandfathered student;

                     (b)  requiring a higher education provider, or the Secretary, to re‑credit the HELP balance of a transitional grandfathered student;

                     (c)  requiring a higher education provider to repay amounts paid by the Commonwealth to the higher education provider under Division 96 of the Higher Education Support Act 2003 in respect of a transitional grandfathered student;

                     (d)  the circumstances in which a transitional grandfathered student’s HECS‑HELP debt is to be remitted or reduced;

                     (e)  the circumstances in which the whole or part of an amount payable under the rules is taken to be a debt due to the Commonwealth;

                      (f)  any other matters that will, to the greatest extent possible, put transitional grandfathered students in the same position they would have been had they been a grandfathered student within the meaning of the Higher Education Support Act 2003, as in force on 1 January 2021.

(3)       Without limiting subitem (1), rules that make provision for, or in relation to, a matter mentioned in subitem (2) may do so by providing that this Act, the Higher Education Support Act 2003, or any other Act or instrument has effect with any modifications prescribed by the rules.

(4)       Rules under subitem (1) may only be made before the end of the period of 12 months starting on the day this Schedule commences (but may continue to apply on and after the end of that period, and may be revoked by the Minister, by legislative instrument, before, on or after the end of that period).

(5)       To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.

(6)       This Schedule (other than subitem (5)) does not limit the rules that may be made for the purposes of subitem (1).

(7)       In this item:

transitional grandfathered student: a person is a transitional grandfathered student if:

                     (a)  the person is a grandfathered student because of subparagraph (a)(ia) of the definition of that term in Schedule 1 to the Higher Education Support Act 2003, as amended by this Schedule; and

                     (b)  the person enrolled in a unit of study in an honours course referred to in that subparagraph during the period starting on 1 January 2021 and ending on the day before the commencement of this Schedule.