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A Bill for an Act to amend the law relating to education, 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 04 Apr 2022
Introduced HR 17 Feb 2022
Table of contents.

2019‑2020‑2021‑2022

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Education Legislation Amendment (2022 Measures No. 1) Bill 2022

 

No.      , 2022

 

(Education, Skills and Employment)

 

 

 

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

  

  


Contents

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

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

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

Schedule 1—Amendments commencing day after Royal Assent             3

Part 1—Student identifier requirements                                                              3

Higher Education Support Act 2003                                                                       3

Part 2—HELP debt arrangements for certain rural, remote or very remote health practitioners                7

Division 1—Amendments                                                                                          7

Higher Education Support Act 2003                                                                       7

Division 2—Application, saving and transitional provisions                             18

Part 3—Student learning entitlement—enabling courses                         20

Higher Education Support Act 2003                                                                     20

Part 4—Other amendments                                                                                      21

Higher Education Support Act 2003                                                                     21

Tertiary Education Quality and Standards Agency Act 2011                          21

Schedule 2—Amendments commencing 1 January 2022                            23

Higher Education Support Act 2003                                                                     23

Schedule 3—Amendments commencing 1 July 2022                                     24

Higher Education Support Act 2003                                                                     24

Schedule 4—Amendments commencing 1 January 2023                            25

Higher Education Support Act 2003                                                                     25

 

 


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

The Parliament of Australia enacts:

1  Short title

                   This Act is the Education Legislation Amendment (2022 Measures No. 1) Act 2022.

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 after this Act receives the Royal Assent.

 

2.  Schedule 1

The day after this Act receives the Royal Assent.

 

3.  Schedule 2

1 January 2022.

1 January 2022

4.  Schedule 3

1 July 2022.

1 July 2022

5.  Schedule 4

1 January 2023.

1 January 2023

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 commencing day after Royal Assent

Part 1Student identifier requirements

Higher Education Support Act 2003

1  Paragraph 36‑10(1)(f)

Omit “the person has a *student identifier immediately before the census date”, substitute “the person meets the *student identifier requirements for the purposes of this paragraph (see subsection (2C))”.

2  Before subsection 36‑10(2)

Insert:

When a person meets the citizenship or residency requirements

3  After subsection 36‑10(2B)

Insert:

When a person meets the student identifier requirements

          (2C)  A person meets the *student identifier requirements for the purposes of paragraph (1)(f) if:

                     (a)  the person has a student identifier immediately before the census date; and

                     (b)  before the census date, the person notifies the person’s student identifier to:

                              (i)  an *appropriate officer of the higher education provider; and

                             (ii)  the *Secretary.

          (2D)  A notification under paragraph (2C)(b) may be included in a *request for Commonwealth assistance that the person has given to the higher education provider in relation to:

                     (a)  the unit of study for which the assistance is sought; or

                     (b)  the *course of study of which the unit forms a part; or

                     (c)  any other unit of study forming part of that course.

4  Paragraph 104‑1(1)(ga)

Omit “the student has a *student identifier immediately before the census date”, substitute “the student meets the *student identifier requirements under subsection (5)”.

5  At the end of section 104‑1

Add:

When a student meets the student identifier requirements

             (5)  A student meets the *student identifier requirements under this subsection if:

                     (a)  the student has a student identifier immediately before the census date; and

                     (b)  before the census date, the student notifies the student’s student identifier to:

                              (i)  an *appropriate officer of the higher education provider; and

                             (ii)  the *Secretary.

             (6)  A notification under paragraph (5)(b) may be included in a *request for Commonwealth assistance that the student has given to the higher education provider in relation to:

                     (a)  the unit of study for which the assistance is sought; or

                     (b)  the *course of study of which the unit forms a part; or

                     (c)  any other unit of study forming part of that course.

6  Paragraph 118‑1(1)(hb)

Omit “the student has a *student identifier immediately before the student made the application”, substitute “the student meets the *student identifier requirements under section 118‑12”.

7  After section 118‑10

Insert:

118‑12  Student identifier requirements

             (1)  The *student identifier requirements for *OS‑HELP assistance are that:

                     (a)  the student in question had a student identifier immediately before the student made the application referred to in paragraph 118‑1(1)(hb); and

                     (b)  before making, or at the time of making, the application referred to in paragraph 118‑1(1)(hb), the student notified the student’s student identifier to:

                              (i)  an *appropriate officer of the higher education provider; and

                             (ii)  the *Secretary.

             (2)  A notification under paragraph (1)(b) may be included in a *request for Commonwealth assistance that the student has given to the higher education provider in relation to:

                     (a)  the unit of study for which the assistance is sought; or

                     (b)  the *course of study of which the unit forms a part; or

                     (c)  any other unit of study forming part of that course.

8  Paragraph 126‑1(1)(e)

Omit “the student has a *student identifier immediately before the day on which the fee is payable”, substitute “the student meets the *student identifier requirements under section 126‑10”.

9  At the end of Division 126

Add:

126‑10  Student identifier requirements

             (1)  A student meets the *student identifier requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if:

                     (a)  the student has a student identifier immediately before the day on which the fee is payable; and

                     (b)  before making, or at the time of making, the *request for Commonwealth assistance referred to in paragraph 126‑1(1)(d), the student notifies the student’s student identifier to:

                              (i)  an *appropriate officer of the higher education provider; and

                             (ii)  the *Secretary.

             (2)  A notification under paragraph (1)(b) may be included in the *request for Commonwealth assistance by the student referred to in paragraph 126‑1(1)(d).

10  Application provisions

(1)       The amendments of section 36‑10 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 the day this Part commences (whether the unit of study is part of a course of study commenced before, on or after that day).

(2)       The amendments of section 104‑1 of the Higher Education Support Act 2003 made by this Part apply in relation to determining entitlement to FEE‑HELP assistance for units of study with a census date that is on or after the day this Part commences.

(3)       The amendment of section 118‑1 of the Higher Education Support Act 2003 made by this Part, and section 118‑12 of that Act as inserted by this Part, apply in relation to applications for receipt of OS‑HELP assistance that are made on or after the day this Part commences.

(4)       The amendment of section 126‑1 of the Higher Education Support Act 2003 made by this Part, and section 126‑10 of that Act as inserted by this Part, apply in relation to requests for Commonwealth assistance in relation to a student services and amenities fee that are made on or after the day this Part commences.

Part 2HELP debt arrangements for certain rural, remote or very remote health practitioners

Division 1—Amendments

Higher Education Support Act 2003

11  Subsection 128‑25(3)

After “142‑15”, insert “or 144‑10”.

12  Section 129‑1 (paragraph beginning “A very remote”)

Repeal the paragraph, substitute:

Accumulated HELP debt, or the indexation of that debt, may be reduced for certain HELP debtors working in rural, remote or very remote areas (see Divisions 142 and 144).

13  Section 134‑5

Repeal the section, substitute:

134‑5  HELP Debtor Guidelines

             (1)  Matters relating to *location‑preferred HELP debtors (teachers) are dealt with in the HELP Debtor Guidelines (Teachers).

             (2)  Matters relating to *location‑preferred HELP debtors (health practitioners) are dealt with in the HELP Debtor Guidelines (Health Practitioners).

             (3)  The provisions of this Part indicate when a particular matter is or may be dealt with in those Guidelines.

Note:          The HELP Debtor Guidelines (Teachers) and HELP Debtor Guidelines (Health Practitioners) are made by the Minister under section 238‑10.

14  At the end of paragraph 140‑1(3)(d)

Add “or 144‑10”.

15  Paragraph 140‑10(1)(a)

After “section 142‑10”, insert “or 144‑5”.

16  Subsection 140‑10(1A) (definition of “B”)

At the end of the definition, add “or 144‑5(2)”.

17  Subsection 140‑25(1) (formula)

Repeal the formula, substitute:

18  Subsection 140‑25(1) (definition of “very remote HELP debtor reduction”)

Repeal the definition, substitute:

location‑preferred HELP debtor reduction means the amount by which the person’s *accumulated HELP debt is to be reduced as a result of a determination made by the *Secretary in relation to the person under section 142‑15 or 144‑10:

                     (a)  on or after 1 June in the preceding financial year; and

                     (b)  before 1 June in the financial year.

19  Division 142 (heading)

Omit “very remote HELP debtors”, substitute “location‑preferred HELP debtors—teachers”.

20  Section 142‑1 (heading)

Omit “very remote HELP debtor”, substitute “location‑preferred HELP debtor (teacher)”.

21  Subsection 142‑1(1)

Omit “very remote HELP debtor”, substitute “location‑preferred HELP debtor (teacher)”.

22  Subsection 142‑1(3)

Omit “Very Remote HELP Debtor Guidelines”, substitute “HELP Debtor Guidelines (Teachers)”.

23  Paragraph 142‑1(3)(c)

Omit “*very remote HELP debtor”, substitute “*location‑preferred HELP debtor (teacher)”.

24  Subsection 142‑5(2)

Omit “Very Remote HELP Debtor Guidelines”, substitute “HELP Debtor Guidelines (Teachers)”.

25  Paragraph 142‑10(1)(a)

After “financial year in”, insert “relation to”.

26  Subparagraph 142‑10(1)(b)(i)

Omit “*very remote HELP debtor”, substitute “*location‑preferred HELP debtor (teacher)”.

27  Subparagraph 142‑10(1)(b)(ii)

Omit “Very Remote HELP Debtor Guidelines”, substitute “HELP Debtor Guidelines (Teachers)”.

28  Subsection 142‑10(2)

Omit “*very remote HELP debtor”, substitute “*location‑preferred HELP debtor (teacher)”.

29  Subsection 142‑10(3)

Omit “28 days after the day the Secretary receives the application under subsection (4)”, substitute “the period specified by subsection (3A)”.

30  Subsection 142‑10(3) (note)

Repeal the note.

31  After subsection 142‑10(3)

Insert:

          (3A)  For the purposes of subsection (3), the period is:

                     (a)  the period of 60 days after the day the *Secretary receives the application under subsection (4); or

                     (b)  any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.

Note:          The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206‑5.

          (3B)  If the notice states a number of days by which indexation of the person’s *accumulated HELP debt is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

32  Paragraph 142‑10(4)(d)

Omit “Very Remote HELP Debtor Guidelines”, substitute “HELP Debtor Guidelines (Teachers)”.

33  Subparagraph 142‑15(1)(a)(i)

Omit “*very remote HELP debtor”, substitute “*location‑preferred HELP debtor (teacher)”.

34  Subparagraph 142‑15(1)(a)(ii)

Omit “those Guidelines”, substitute “the HELP Debtor Guidelines (Teachers)”.

35  Subsection 142‑15(4)

Omit “28 days after the day the Secretary receives an application under subsection (5)”, substitute “the period specified by subsection (4A)”.

36  Subsection 142‑15(4) (note)

Repeal the note.

37  After subsection 142‑15(4)

Insert:

          (4A)  For the purposes of subsection (4), the period is:

                     (a)  the period of 60 days after the day the *Secretary receives the application under subsection (5); or

                     (b)  any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.

Note:          The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206‑5.

          (4B)  If the notice states an amount by which the person’s *accumulated HELP debt is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

38  Paragraph 142‑15(5)(d)

Omit “Very Remote HELP Debtor Guidelines”, substitute “HELP Debtor Guidelines (Teachers)”.

39  At the end of Part 4‑1

Add:

Division 144Special measures for location‑preferred HELP debtors—health practitioners

144‑1  Meaning of location‑preferred HELP debtor (health practitioner)

             (1)  A person is a location‑preferred HELP debtor (health practitioner) in relation to a *course of study if:

                     (a)  the person has completed the course of study; and

                     (b)  the course of study is covered by subsection (2); and

                     (c)  the person incurred a *HECS‑HELP debt or a *FEE‑HELP debt in relation to the course of study; and

                     (d)  the person holds the registration or accreditation as a kind of health practitioner for the course of study specified by the HELP Debtor Guidelines (Health Practitioners) (the Guidelines) for the purposes of this paragraph; and

                     (e)  the person carries out work as that kind of health practitioner in the circumstances (if any) specified by the Guidelines for the purposes of this paragraph; and

                      (f)  the work is carried out in an area specified by the Guidelines, by reference to the *ABS Remoteness Structure, as a rural area, a remote area or a very remote area for the purposes of this paragraph; and

                     (g)  the number of hours during which the person carries out work is not less than the minimum number of hours (if any) specified for a health practitioner of that kind by the Guidelines for the purposes of this paragraph; and

                     (h)  the person satisfies any other applicable requirements specified by the Guidelines for the purposes of this paragraph.

Eligible courses of study

             (2)  For the purposes of this Division, a *course of study is covered by this subsection if:

                     (a)  it is a *course of study in medicine specified by the Guidelines for the purposes of this paragraph; or

                     (b)  it is a course of study:

                              (i)  the completion of which would allow a person to be registered as a nurse practitioner within the meaning of the Health Insurance Act 1973; and

                             (ii)  that is specified by the Guidelines for the purposes of this subparagraph; or

                     (c)  it is a course of study otherwise specified by the Guidelines for the purposes of this paragraph.

HELP Debtor Guidelines (Health Practitioners)

             (3)  Without limiting subsection 238‑10(1), the Guidelines may set out:

                     (a)  circumstances in which a person is taken, or is taken not, to carry out work as a *location‑preferred HELP debtor (health practitioner) as a particular kind of health practitioner; or

                     (b)  circumstances in which a person is taken, or is taken not, to carry out such work in a rural area, a remote area or a very remote area; or

                     (c)  circumstances in which a person is taken, or is taken not, to be a location‑preferred HELP debtor (health practitioner) in relation to a *course of study for particular periods.

144‑5  Reducing indexation of accumulated HELP debts

             (1)  The *Secretary must, on the application of a person under subsection (6), determine that the indexation of the person’s *accumulated HELP debt for a *course of study is to be reduced in relation to a financial year if:

                     (a)  on 1 June of the financial year in relation to which the application is made, the person has an accumulated HELP debt for the course of study; and

                     (b)  the Secretary is satisfied that the person:

                              (i)  was a *location‑preferred HELP debtor (health practitioner) in relation to the course of study at any time during the calendar year (the applicable calendar year) ending on 31 December in the financial year; and

                             (ii)  has met such other requirements (if any) as are specified in the HELP Debtor Guidelines (Health Practitioners) for the purposes of this subparagraph.

             (2)  If the *Secretary determines that the indexation of the person’s *accumulated HELP debt for a *course of study is to be reduced in relation to a financial year, the Secretary must determine the number of days in the applicable calendar year in respect of which the person was a *location‑preferred HELP debtor (health practitioner) for the course of study.

             (3)  The *Secretary must, within the period specified by subsection (4), give notice to the person of the Secretary’s decision on that application. The notice must:

                     (a)  be in writing; and

                     (b)  if the Secretary determines that the indexation of the person’s *accumulated HELP debt for the *course of study is to be reduced in relation to a financial year—state the number of days determined by the Secretary under subsection (2).

             (4)  For the purposes of subsection (3), the period is:

                     (a)  the period of 60 days after the day the *Secretary receives the application under subsection (6); or

                     (b)  any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.

Note:          The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206‑5.

             (5)  If the notice states a number of days by which indexation of the person’s *accumulated HELP debt for the *course of study is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

             (6)  A person may apply to the *Secretary for a determination under subsection (1) that the indexation of the person’s *accumulated HELP debt for a *course of study be reduced in relation to a financial year. The application must:

                     (a)  be in writing; and

                     (b)  be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and

                     (c)  include the person’s *tax file number; and

                     (d)  meet any requirements specified by the HELP Debtor Guidelines (Health Practitioners) for the purposes of this paragraph.

             (7)  The *Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (6).

144‑10  Reducing accumulated HELP debts

             (1)  The *Secretary must, on the application of a person under subsection (7), determine that the person’s *accumulated HELP debt for a *course of study is to be reduced by a specified amount if the Secretary is satisfied that the person:

                     (a)  has been a *location‑preferred HELP debtor (health practitioner) in relation to the course of study for one or more periods that, in total, are not less than the minimum period specified for the course of study by the HELP Debtor Guidelines (Health Practitioners); and

                     (b)  has met such other requirements (if any) as are specified in those Guidelines for the purposes of this paragraph.

             (2)  If the *Secretary determines that a person’s *accumulated HELP debt for a *course of study is to be reduced, the amount by which that debt is reduced must not exceed the lesser of the following:

                     (a)  the sum of the amounts of *HECS‑HELP debt and *FEE‑HELP debt incurred by the person in respect of units of study:

                              (i)  with a total *EFTSL value not exceeding the maximum amount for the course of study specified in the HELP Debtor Guidelines (Health Practitioners) for the purposes of this subparagraph; and

                             (ii)  undertaken as part of the course of study;

                     (b)  the amount of the person’s accumulated HELP debt for the course of study on the day the person first becomes a *location‑preferred HELP debtor (health practitioner) in relation to the course of study.

             (3)  To avoid doubt, this section may have the effect of reducing a person’s *accumulated HELP debt for a financial year to less than zero.

             (4)  The *Secretary must, within the period specified by subsection (5), notify the person of the Secretary’s decision on that application. The notice must:

                     (a)  be in writing; and

                     (b)  if the Secretary has determined that the person’s *accumulated HELP debt for the *course of study is to be reduced—state the amount by which that debt is to be reduced.

             (5)  For the purposes of subsection (4), the period is:

                     (a)  the period of 60 days after the day the *Secretary receives the application under subsection (7); or

                     (b)  any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.

Note:          The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206‑5.

             (6)  If the notice states an amount by which the person’s *accumulated HELP debt for the *course of study is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

             (7)  A person may apply to the *Secretary for a determination under subsection (1) that the person’s *accumulated HELP debt for a *course of study be reduced. The application must:

                     (a)  be in writing; and

                     (b)  be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and

                     (c)  include the person’s *tax file number; and

                     (d)  meet any requirements specified by the HELP Debtor Guidelines (Health Practitioners) for the purposes of this paragraph.

             (8)  The *Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (7).

144‑15  Refunding amounts

                   If:

                     (a)  the *Secretary has determined, for the purposes of section 144‑10, that a person’s *accumulated HELP debt for a *course of study is to be reduced by an amount; and

                     (b)  the amount exceeds the sum of:

                              (i)  the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and

                             (ii)  the total amount of the person’s primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);

the Commonwealth must refund to the person an amount equal to that excess.

40  Section 206‑1 (at the end of the cell at table item 2AA, column headed “Provision under which decision is made”)

Add “or 144‑5”.

41  Section 206‑1 (at the end of the cell at table item 2AB, column headed “Provision under which decision is made”)

Add “or 144‑10”.

42  Subsection 238‑10(1) (cell at table item 8AA, column headed “Guidelines”)

Repeal the cell, substitute:

HELP Debtor Guidelines (Teachers)

43  Subsection 238‑10(1) (after table item 8AA)

Insert:

8AB

HELP Debtor Guidelines (Health Practitioners)

Part 4‑1

44  At the end of subsection 238‑10(1)

Add:

Note:          The HELP Debtor Guidelines (Teachers) were previously known as the Very Remote HELP Debtor Guidelines.

45  At the end of section 238‑10

Add:

HELP Debtor Guidelines (Health Practitioners)

             (4)  The Minister must consult the Treasurer before specifying a health practitioner in the HELP Debtor Guidelines (Health Practitioners) for the purposes of paragraph 144‑1(1)(d).

             (5)  Despite subsection 14(2) of the Legislation Act 2003, the HELP Debtor Guidelines (Health Practitioners) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time.

46  Subclause 1(1) of Schedule 1

Insert:

location‑preferred HELP debtor (health practitioner): see section 144‑1.

location‑preferred HELP debtor (teacher): see section 142‑1.

47  Subclause 1(1) of Schedule 1 (definition of “very remote HELP debtor”)

Repeal the definition.

Division 2—Application, saving and transitional provisions

48  Application of amendments

(1)       The amendments of sections 142‑10 and 142‑15 of the Higher Education Support Act 2003 made by this Part apply in relation to applications under those sections that are received by the Secretary on or after the commencement of this item.

(2)       Subsection 144‑5(1) of the Higher Education Support Act 2003, as inserted by this Part, applies in relation to the 2021‑2022 financial year and each later financial year.

(3)       Despite subsection 144‑5(2) of the Higher Education Support Act 2003, as inserted by this Part, a day that occurs before 1 January 2022 must not be counted for the purposes of that subsection.

(4)       Section 144‑10 of the Higher Education Support Act 2003, as inserted by this Part, applies in relation to a course of study whether completed before or after the commencement of this Part.

(5)       Despite paragraph 144‑10(1)(a) of the Higher Education Support Act 2003, as inserted by this Part, the Secretary must not determine that a person was a location‑preferred HELP debtor (health practitioner) in relation to a course of study for a period if any part of the period occurred before 1 January 2022.

49  Saving provisions

(1)       A person who was a very remote HELP debtor immediately before the commencement of this Part is taken, on and after that commencement, to be a location‑preferred HELP debtor (teacher).

(2)       Very Remote HELP Debtor Guidelines made under subsection 238‑10(1) of the Higher Education Support Act 2003 that were in force immediately before the commencement of this Part continue in force (and may be dealt with) as if they were HELP Debtor Guidelines (Teachers) made under that subsection as amended by this Part.

Part 3Student learning entitlement—enabling courses

Higher Education Support Act 2003

50  Section 70‑1

Omit:

A person’s SLE amount is reduced as the person undertakes units of study as a Commonwealth supported student. The person’s SLE amount may also be re‑credited in certain circumstances.

substitute:

A person’s SLE amount is reduced as the person undertakes units of study as a Commonwealth supported student. A unit of study undertaken as part of an enabling course does not reduce the person’s SLE amount. The person’s SLE amount may also be re‑credited in certain circumstances.

51  Paragraph 76‑1(1)(a)

After “*course of study”, insert “(other than an *enabling course)”.

52  Application provision

The amendment of section 76‑1 of the Higher Education Support Act 2003 made by this Part applies in relation to an enabling course whether the course is provided before or after the commencement of this Part.

Part 4Other amendments

Higher Education Support Act 2003

53  Paragraph 36‑24B(2)(b)

Repeal the paragraph, substitute:

                     (b)  pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96‑1, 96‑2 or 96‑3.

54  Paragraph 36‑24BB(2)(b)

Repeal the paragraph, substitute:

                     (b)  pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96‑1, 96‑2 or 96‑3.

55  Paragraph 36‑24BC(2)(b)

Repeal the paragraph, substitute:

                     (b)  pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96‑1, 96‑2 or 96‑3.

56  Subsection 110‑5(1)

Omit “the amount of FEE‑HELP assistance to which the person was entitled for the unit”, substitute “the amount (if any) that was paid to the provider for the unit under subsection 110‑1(1)”.

57  Subsection 110‑5(2)

Omit “the amount of FEE‑HELP assistance to which the person was entitled for the unit”, substitute “the amount (if any) that was paid to Open Universities Australia for the unit under subsection 110‑1(2)”.

Tertiary Education Quality and Standards Agency Act 2011

58  Subsection 26A(7)

Repeal the subsection, substitute:

Information and documents related to tuition protection

             (7)  The Up‑front Payments Guidelines may specify either or both of the following:

                     (a)  information or documents that a registered higher education provider must keep records of for the purposes of the tuition protection requirements;

                     (b)  information or documents that a registered higher education provider must give to the *Secretary in accordance with subsection (8).

59  Subsection 26A(8)

Omit “subsection (7)”, substitute “paragraph (7)(b)”.

Schedule 2Amendments commencing 1 January 2022

  

Higher Education Support Act 2003

1  Subparagraph 137‑10(2)(b)(i)

Omit “31 December 2021”, substitute “31 December 2022”.

2  Subparagraph 137‑10(2)(b)(ia)

Omit “1 January 2022”, substitute “1 January 2023”.

Schedule 3Amendments commencing 1 July 2022

  

Higher Education Support Act 2003

1  After subparagraph 104‑10(1)(b)(i)

Insert:

                            (ia)  the course of study is a *microcredential course; or

2  Subclause 1(1) of Schedule 1 (after paragraph (c) of the definition of course of study)

Insert:

               ; or (d)  in Part 3‑3 and any other provision of this Act, to the extent that the provision applies, or relates, to *FEE‑HELP assistance (and without limiting paragraph (a), (b) or (c) of this definition)—a *microcredential course.

3  Subclause 1(1) of Schedule 1

Insert:

microcredential course means a course of instruction:

                     (a)  that consists of one or more units of study; and

                     (b)  that meets the requirements specified in the FEE‑HELP Guidelines.

Schedule 4Amendments commencing 1 January 2023

  

Higher Education Support Act 2003

1  Paragraph 90‑5(2A)(a)

After “citizen”, insert “who will be resident in Australia for the duration of the unit”.

2  After subsection 90‑5(2A)

Insert:

       (2AA)  In determining, for the purpose of paragraph (2A)(a), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:

                     (a)  cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of that unit; or

                     (b)  is required for the purpose of completing a requirement of that unit.

3  Paragraph 104‑5(2A)(a)

After “citizen”, insert “who will be resident in Australia for the duration of the unit”.

4  After subsection 104‑5(2A)

Insert:

       (2AA)  In determining, for the purpose of paragraph (2A)(a), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:

                     (a)  cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of that unit; or

                     (b)  is required for the purpose of completing a requirement of that unit.

5  Application provisions

(1)       The amendments of section 90‑5 of the Higher Education Support Act 2003 made by this Schedule apply in relation to determining entitlement to HECS‑HELP assistance for units of study with a census date that is on or after 1 January 2023.

(2)       The amendments of section 104‑5 of the Higher Education Support Act 2003 made by this Schedule apply in relation to determining entitlement to FEE‑HELP assistance for units of study with a census date that is on or after 1 January 2023.