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Act No. 86 of 2009 as amended, taking into account amendments up to Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Act 2020
An Act to amend the law in relation to higher education and research funding, and for related purposes
Administered by: Education, Skills and Employment
Registered 10 Feb 2021
Start Date 01 Jan 2021
Table of contents.

Commonwealth Coat of Arms of Australia

Higher Education Support Amendment (2009 Budget Measures) Act 2009

No. 86, 2009

Compilation No. 1

Compilation date:                              1 January 2021

Includes amendments up to:            Act No. 93, 2020

Registered:                                         10 February 2021

About this compilation

This compilation

This is a compilation of the Higher Education Support Amendment (2009 Budget Measures) Act 2009 that shows the text of the law as amended and in force on 1 January 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

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

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

3............ Schedule(s)......................................................................................... 2

Schedule 1—Grants                                                                                                              3

Higher Education Support Act 2003                                                                       3

Schedule 2—Funding clusters                                                                                        5

Higher Education Support Act 2003                                                                       5

Schedule 3—Adjustment of basic grant amounts                                              7

Higher Education Support Act 2003                                                                       7

Schedule 4—Other grants                                                                                                 8

Higher Education Support Act 2003                                                                       8

Schedule 5—Maximum student contribution amounts                                   9

Higher Education Support Act 2003                                                                       9

Schedule 6—OS‑HELP debts                                                                                       11

Higher Education Support Act 2003                                                                     11

Schedule 7—Indexation                                                                                                    12

Higher Education Support Act 2003                                                                     12

Endnotes                                                                                                                                    13

Endnote 1—About the endnotes                                                                            13

Endnote 2—Abbreviation key                                                                                15

Endnote 3—Legislation history                                                                             16

Endnote 4—Amendment history                                                                           17

 


An Act to amend the law in relation to higher education and research funding, and for related purposes

1  Short title

                   This Act may be cited as the Higher Education Support Amendment (2009 Budget Measures) Act 2009.

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

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

18 September 2009

2.  Schedule 1

The day on which this Act receives the Royal Assent.

18 September 2009

3.  Schedule 2

1 January 2010.

1 January 2010

4.  Schedule 3

The day on which this Act receives the Royal Assent.

18 September 2009

5.  Schedule 4, item 1

1 January 2010.

1 January 2010

6.  Schedule 4, item 2

The day on which this Act receives the Royal Assent.

18 September 2009

7.  Schedule 5

1 January 2010.

1 January 2010

8.  Schedules 6 and 7

The day on which this Act receives the Royal Assent.

18 September 2009

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act 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 1Grants

  

Higher Education Support Act 2003

1  Paragraphs 30‑5(1)(f) to (h)

Repeal the paragraphs, substitute:

                      (f)  for the year 2010—$4,467,881,000; or

                     (g)  for the year 2011—$4,695,755,000.

2  At the end of subsection 33‑1(1)

Add:

             ; and (c)  if applicable, and if the year is 2011 or a later year—adding the performance funding grant amount for the provider for that year.

3  After subsection 33‑1(1)

Insert:

          (1A)  In subsection (1):

performance funding grant amount for a higher education provider for a year is the amount (if any) worked out under the Commonwealth Grant Scheme Guidelines.

4  Subsection 41‑45(1) (table items 6 to 8)

Repeal the items, substitute:

6

2010

$1,887,252,000

7

2011

$2,027,324,000

8

2012

$1,996,679,000

9

2013

$2,067,383,000

5  Section 46‑40 (table items 7 to 9)

Repeal the items, substitute:

7

2010

$301,136,000

8

2011

$315,711,000

9

2012

$303,844,000

10

2013

$275,133,000

Schedule 2Funding clusters

  

Higher Education Support Act 2003

1  Section 30‑15 (table)

Repeal the table, substitute:

 

Funding clusters

Law, Accounting, Administration, Economics, Commerce

Humanities

Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health

Education

Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts

Nursing

Engineering, Science, Surveying

Dentistry, Medicine, Veterinary Science, Agriculture

2  Section 33‑10 (table)

Repeal the table, substitute:

 

Commonwealth contribution amount

Item

Funding cluster

Commonwealth contribution amount

1

Law, Accounting, Administration, Economics, Commerce

$1,765

2

Humanities

$4,901

3

Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health

$8,670

4

Education

$9,020

5

Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts

$10,662

6

Nursing

$11,903

7

Engineering, Science, Surveying

$15,156

8

Dentistry, Medicine, Veterinary Science, Agriculture

$19,235

3  Transitional provision—indexation

Amounts in the table in section 33‑10 of the Higher Education Support Act 2003, as amended by this Schedule, are not to be indexed on 1 January 2010.

4  Transitional provision

For the purposes of working out if and how a higher education provider’s basic grant amount for the year 2010 or an earlier year is to be adjusted under Subdivision 33‑C of the Higher Education Support Act 2003, disregard the amendments made by this Schedule.

Schedule 3Adjustment of basic grant amounts

  

Higher Education Support Act 2003

1  Paragraph 33‑25(7)(b)

Omit “5%”, substitute “10%”.

2  Application

The amendment made by this Schedule applies to adjustments of basic grant amounts for 2011 and later years.

Schedule 4Other grants

  

Higher Education Support Act 2003

1  Subsection 41‑10(1) (table items 3 and 8A)

Repeal the items.

2  Subsection 41‑10(1) (after table item 9A)

Insert:

9B

Grants to support structural adjustment

*Table A providers and *Table B providers that are universities

Schedule 5Maximum student contribution amounts

  

Higher Education Support Act 2003

1  Subsection 93‑10(1) (table)

Repeal the table, substitute:

 

Maximum student contribution amounts for places

Item

Column 1
For a place in a unit in this funding cluster:

Column 2
The maximum student contribution is:

1

Law, Accounting, Administration, Economics, Commerce

$8,859

2

Humanities

$5,310

3

Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health

(a) for a place in a unit in Computing, Built Environment or Other Health—$7,567; or

(b) for a place in a unit in Behavioural Science or Social Studies—$5,310; or

(c) for a place in a unit in Mathematics or Statistics—$4,249.

4

Education

$5,310

5

Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts

(a) for a place in a unit in Clinical Psychology, Foreign Languages or Visual and Performing Arts—$5,310; or

(b) for a place in a unit in Allied Health—$7,567.

6

Nursing

$5,310

7

Engineering, Science, Surveying

(a) for a place in a unit in Engineering or Surveying—$7,567; or

(b) for a place in a unit in Science—$4,249.

8

Dentistry, Medicine, Veterinary Science, Agriculture

(a) for a place in a unit in Dentistry, Medicine or Veterinary Science—$8,859; or

(b) for a place in a unit in Agriculture—$7,567.

2  Transitional provision—indexation

Amounts in the table in subsection 93‑10(1) of the Higher Education Support Act 2003, as amended by this Schedule, are not to be indexed on 1 January 2010.

Schedule 6OS‑HELP debts

  

Higher Education Support Act 2003

1  Subsection 137‑15(2)

Repeal the subsection, substitute:

             (2)  The amount of the *OS‑HELP debt is an amount equal to the amount of the loan.

2  Application

The amendment made by this Schedule applies in relation to OS‑HELP debts incurred on or after 1 January 2010.

Schedule 7Indexation

  

Higher Education Support Act 2003

1  Section 198‑20

Omit “The”, substitute “(1) Subject to subsections (2) and (3), the”.

2  At the end of section 198‑20

Add:

             (2)  For the purpose of applying section 198‑10 to the amounts specified in item 2 of the table in section 198‑5 for 2011, the index number is the Higher Education Student Contribution Amounts Index number for that year published by the Minister in the Gazette. Publication may occur at any time, including any time before the start of the year.

             (3)  For the purpose of applying section 198‑10 to the amounts specified in each item of the table in section 198‑5 for 2012, the index number for 2011 is taken to be 1.

             (4)  A notice in the Gazette specifying an index number is not a legislative instrument.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Higher Education Support Amendment (2009 Budget Measures) Act 2009

86, 2009

18 Sept 2009

Sch 2, Sch 4 (item 1) and Sch 5: 1 Jan 2010 (s 2(1) items 3, 5, 7)
Remainder: 18 Sept 2009 (s 2(1) items 1, 2, 4, 6, 8)

 

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

93, 2020

27 Oct 2020

Sch 2 (item 11): 1 Jan 2021 (s 2(1) item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule 5

 

item 3................................

rep No 93, 2020