HIGHER EDUCATION LEGISLATION AMENDMENT (2005 MEASURES NO. 1) BILL 2005

i Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. ,

2005

Contents

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

Commencement .............................................................................1

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

Schedule 1--Amendments relating to grants for higher

education assistance

Higher Education Support Act 2003

Schedule 2--Amendments relating to assistance to students

Part 1--Amendments

Higher Education Support Act 2003

Part 2--Application of amendments

Schedule 3--Amendments relating to voluntary repayment of

debts

Higher Education Funding Act 1988

Schedule 4--Amendment of the Maritime College Act 1978

Schedule 5--Technical correction

Higher Education Funding Act 1988

Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. , 2005

A Bill for an Act to amend legislation relating to

higher education, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Higher Education Legislation

Amendment (2005 Measures No. 1) Act 2005.

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.

2 Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. ,

2005

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.

2. Schedule 1

The day on which this Act receives the

Royal Assent.

3. Schedule 2,

item 1

The day on which this Act receives the

Royal Assent.

4. Schedule 2,

item 2

Immediately after the commencement of the

provision(s) covered by table item 5.

5. Schedule 2,

items 3 to 17

The day on which this Act receives the

Royal Assent.

6. Schedules 3

and 4

The day on which this Act receives the

Royal Assent.

7. Schedule 5

Immediately after the commencement of

item 120 of Schedule 2 to the Higher

Education Support (Transitional Provisions

and Consequential Amendments) Act 2003.

1 January 2004

Note:

This table relates only to the provisions of this Act as originally

passed by 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.

Amendments relating to grants for higher education assistance Schedule 1

Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. , 2005

Schedule 1--Amendments relating to grants

for higher education assistance

Higher Education Support Act 2003

1 Paragraphs 30-5(1)(a) to (d)

Repeal the paragraphs, substitute:

(a) for the year 2005--$3,066,956,000; or

(b) for the year 2006--$3,203,943,000; or

(d) for the year 2008--$3,414,711,000.

2 Subsection 41-10(1) (cell at table item 5, column headed

"Who is eligible")

Repeal the cell, substitute:

Table A providers and

Table B

providers

3 Subsection 41-45(1) (table)

Repeal the table, substitute:

Maximum payments for other grants under this Part

Item

Year

Amount

2005

$1,545,004,000

2006

$1,668,851,000

2007

$1,632,330,000

2008

$1,645,505,000

Schedule 2 Amendments relating to assistance to students

Part 1 Amendments

4 Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. ,

2005

Schedule 2--Amendments relating to

assistance to students

Part 1--Amendments

Higher Education Support Act 2003

1 Paragraph 16-25(1)(c)

Repeal the paragraph, substitute:

tuition assurance requirements

on the date of making an application under section 16-40 or

is exempted from those requirements under section 16-31;

and

2 Subsection 16-30(1)

Omit "(1)".

3 Subsection 16-30(1)

Omit ", on the date of an application under section 16-40".

4 Paragraph 16-30(1)(a)

Omit "making the application".

5 Subsection 16-30(2)

Repeal the subsection.

6 After section 16-30

Insert:

16-31 Tuition assurance requirements exemption for approvals

(1) The Minister may, in writing, exempt a body corporate from the

tuition assurance requirements for the purposes of approving the

body under section 16-25.

Note:

This section only deals with exemptions from the tuition assurance

requirements when approving bodies as higher education providers.

For exemptions from the tuition assurance requirements after approval

has happened, see subsection 19-40(2).

Amendments relating to assistance to students Schedule 2

Amendments Part 1

Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. , 2005

(2) An exemption is subject to such conditions as are specified in the

exemption.

Note:

A body will not be exempt if a condition of the exemption is not

complied with.

(3) An exemption given under this section is not a legislative

instrument.

7 At the end of section 19-40

Add:

(3) An exemption:

(a) is subject to such conditions as are specified in the

exemption; and

(b) may be expressed to be in force for a period specified in the

exemption.

Note:

A body will not be exempt if a condition of the exemption is not

complied with.

(4) An exemption given under this section is not a legislative

instrument.

8 Before section 79-1

Insert:

Subdivision 79-A--Main case of re-crediting a person's SLE

79-1A Application of this Subdivision

If Subdivision 79-B applies to re-credit a person's

SLE with an

amount equal to the

EFTSL value of a unit of study, then this

Subdivision does not apply in relation to that unit.

Note:

The heading to section 79-1 is replaced by the heading "Main case of re-crediting a

person's SLE".

9 At the end of Division 79

Add:

Schedule 2 Amendments relating to assistance to students

Part 1 Amendments

6 Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. ,

2005

Subdivision 79-B--Re-crediting a person's SLE if provider is

unable to provide unit

79-20 Re-crediting a person's SLE if provider unable to provide unit

A higher education provider must, on the

Secretary's behalf,

re-credit a person's

SLE with an amount equal to the

EFTSL

value of a unit of study if:

(a) the person has been enrolled in the unit as part of a

course of

study with the provider; and

(b) the person has not completed the requirements for the unit

during the period during which the person undertook, or was

to undertake, the unit because the provider ceased to be able

to provide the unit; and

tuition assurance requirements applied to the provider at

the time the provider ceased to be able to provide the unit.

Note:

A HECS-HELP debt relating to a unit of study will be remitted if the

SLE in relation to the unit is re-credited: see subsection 137-5(4). In

addition, it is a condition of the higher education provider's funding

under Part 2-2 that payments for the unit must be repaid: see

section 36-20.

10 Before subsection 104-25(1)

Insert:

(1A) If section 104-42 applies to re-credit a person's

FEE-HELP

balance with an amount equal to the amounts of

FEE-HELP

assistance that the person has received for a unit of study, then this

section does not apply in relation to that unit.

Note:

The heading to section 104-25 is replaced by the heading "Main case of re-crediting a

person's FEE-HELP balance".

11 At the end of Subdivision 104-B

Add:

104-42 Re-crediting a person's FEE-HELP balance if provider is

unable to provide unit

A higher education provider must, on the

Secretary's behalf,

re-credit a person's

FEE-HELP balance with an amount equal to

Amendments relating to assistance to students Schedule 2

Amendments Part 1

Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. , 2005

the amounts of

FEE-HELP assistance that the person received for

a unit of study if:

(a) the person has been enrolled in the unit with the provider;

and

(b) the person has not completed the requirements for the unit

during the period during which the person undertook, or was

to undertake, the unit because the provider ceased to be able

to provide the unit; and

tuition assurance requirements applied to the provider at

the time the provider ceased to be able to provide the unit.

Note:

A FEE-HELP debt relating to a unit of study will be remitted if the

FEE-HELP balance in relation to the unit is re-credited: see subsection

137-10(4).

12 Subsection 110-5(1)

Omit ", a higher education provider re-credits a person's

FEE-HELP

balance", substitute "or section 104-42, a person's

FEE-HELP balance

is re-credited".

13 Subsection 137-10(4)

After "section 104-25", insert "or 104-42".

14 Clause 1 of Schedule 1 (definition of tuition assurance

requirements)

Omit "subsection 16-30(1)", substitute "section 16-30".

Schedule 2 Amendments relating to assistance to students

Part 2 Application of amendments

8 Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. ,

2005

Part 2--Application of amendments

15 Application of items 3 and 4

The amendments made by items 3 and 4 of this Schedule apply in

relation to bodies corporate that became higher education providers

before or after the commencement of this item.

16 Application of item 5

Despite the repeal of subsection 16-30(2) of the Higher Education

Support Act 2003 by item 5 of this Schedule, that subsection continues

to apply, in relation to exemptions that are in force immediately before

the repeal, as if the repeal had not happened.

17 Application of items 6 and 7

The amendments made by items 6 and 7 of this Schedule apply in

relation to exemptions given after the commencement of this item.

Amendments relating to voluntary repayment of debts Schedule 3

Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. , 2005

Schedule 3--Amendments relating to

voluntary repayment of debts

Higher Education Funding Act 1988

1 Paragraph 61(1)(b)

After "to be refunded", insert ", other than amounts paid under

section 106P or 106PC or referred to in subsection 106YA(4)".

2 Application

The amendment made by item 1 of this Schedule applies to all amounts

paid under section 106P or 106PC or referred to in subsection

106YA(4) of the Higher Education Funding Act 1988, whether the

amounts were paid before or after the commencement of this item.

Schedule 4 Amendment of the Maritime College Act 1978

10 Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. ,

2005

Schedule 4--Amendment of the Maritime

College Act 1978

1 Paragraph 15(4)(b)

Omit "Minister", substitute "Council".

2 After subsection 15(4)

Insert:

(4A) If a member appointed as Chairperson or Deputy Chairperson

resigns his or her office as Chairperson or Deputy Chairperson

under paragraph 15(4)(b), the Council must notify the Minister in

writing of the resignation as soon as practicable after receiving it.

3 Paragraph 17(2)(b)

Repeal the paragraph.

4 At the end of section 17

Add:

(4) The Council must remove a member from the Council if the

member has, in the Council's opinion formed by resolution as

mentioned in subsection (5), breached his or her duties under

section 22A, 22B, 22C, 22D, 22E or 22F as a member of the

Council.

(5) For the purposes of subsection (4), the Council forms its opinion

by resolution if the resolution is passed at a meeting of the Council

by at least a two-thirds majority of the members of the Council.

(6) If a member is removed from the Council under subsection (4), the

Council must notify the Minister in writing of the removal as soon

as practicable after the member has been removed.

5 Subsections 26(2) and (2A)

Repeal the subsections, substitute:

(2) The Council must appoint the Principal.

Amendment of the Maritime College Act 1978 Schedule 4

Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 No. , 2005

(2A) The Council must not appoint the Principal under subsection (2)

without the Minister's agreement.

6 Subsection 26(4)

After "he or she", insert "resigns from office under subsection (5) or".

7 After subsection 26(4)

Insert:

(5) The Principal may resign his or her office as Principal by writing

signed by him or her and delivered to the Council.

(5A) If the Principal resigns under subsection (5), the Council must

notify the Minister in writing of the resignation as soon as

practicable after receiving it.

8 Subsection 27(4)

Omit "Minister", substitute "Council".

9 After subsection 27(4)

Insert:

(4A) If an acting Principal resigns under subsection (4), the Council

must notify the Minister in writing of the resignation as soon as

practicable after receiving it.

10 Application and savings

(1)

A person who, immediately before the commencement of this item, had

been appointed under section 26 of the Maritime College Act 1978 as

Principal continues to hold office as Principal on and after the

commencement of this item for the balance of the term of his or her

appointment, as if the person had been appointed under that section (as

amended by this Act).

(2)

The amendment made by item 4 of this Schedule applies to each person

holding office as a member of the Council under the Maritime College

Act 1978 on or after the commencement of that item, whether that

person was appointed to that office before or after that commencement.

Commonwealth of Australia Bills

HIGHER EDUCATION LEGISLATION AMENDMENT (2005 MEASURES NO. 1) BILL 2005