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This is a Bill, not an Act. For current law, see the Acts databases.


HIGHER EDUCATION LEGISLATION AMENDMENT (2005 MEASURES NO. 2) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Legislation
Amendment (2005 Measures No. 2) Bill
2005
No. , 2005
(Education, Science and Training)
A Bill for an Act to amend legislation relating to
higher education, and for other purposes
i Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. ,
2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................3
Schedule 1--Amendment of the Higher Education Support Act
2003
4
Part 1--Amendments commencing on Royal Assent
4
Part 2--Amendments commencing 28 days after Royal Assent
16
Part 3--Amendments commencing on 1 January 2004
18
Schedule 2--Amendment of the Higher Education Support
(Transitional Provisions and Consequential
Amendments) Act 2003
19
Schedule 3--Amendment of the Taxation Administration Act
1953
20
Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. , 2005
1
A Bill for an Act to amend legislation relating to
1
higher education, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Higher Education Legislation
5
Amendment (2005 Measures No. 2) Act 2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Higher Education Legislation Amendment (2005 Measures No. 2) 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,
Part 1
The later of:
(a) the start of the day on which this Act
receives the Royal Assent; and
(b) immediately after the commencement of
item 9 of Schedule 2 to the Higher
Education Legislation Amendment (2005
Measures No. 1) Act 2005.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
3. Schedule 1,
Part 2
The 28th day after the day on which the
provision(s) covered by table item 2
commence.
4. Schedule 1,
Part 3
Immediately after the commencement of
Schedule 1 to the Higher Education Support
Act 2003.
1 January 2004
5. Schedule 2
Immediately after the commencement of
item 2 of Schedule 1 to the Higher
Education Support (Transitional Provisions
and Consequential Amendments) Act 2003.
1 January 2004
6. Schedule 3
The day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. , 2005
3
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Amendment of the Higher Education Support Act 2003
Part 1 Amendments commencing on Royal Assent
4 Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. ,
2005
1
Schedule 1--Amendment of the Higher
2
Education Support Act 2003
3
Part 1--Amendments commencing on Royal Assent
4
1 Subsection 19-45(4)
5
Repeal the subsection, substitute:
6
Guidelines may provide for matters relating to reviews
7
(4) The Higher Education Provider Guidelines may provide for matters
8
relating to reviews of decisions made by higher education
9
providers:
10
(a) under section 36-22; or
11
(b) relating to assistance under Chapter 3;
12
including procedures that are to be followed by
*
review officers
13
when reviewing those decisions.
14
2 Transitional--section 19-45 of the Higher Education
15
Support Act 2003
16
The amendment of section 19-45 of the Higher Education Support Act
17
2003 made by this Part does not affect the continuity of any Higher
18
Education Provider Guidelines made before the commencement of this
19
item.
20
3 Paragraph 19-87(1)(a)
21
Omit "year", substitute "period ascertained in accordance with the
22
Higher Education Provider Guidelines".
23
4 Subsection 19-87(2)
24
Omit "year", substitute "period".
25
5 At the end of section 19-87
26
Add:
27
(3) The provider must not vary a
*
student contribution amount unless
28
the provider:
29
(a) does so:
30
Amendment of the Higher Education Support Act 2003 Schedule 1
Amendments commencing on Royal Assent Part 1
Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. , 2005
5
(i) before the date ascertained in accordance with the
1
Higher Education Provider Guidelines; and
2
(ii) in circumstances specified in the Higher Education
3
Provider Guidelines; or
4
(b) does so with the written approval of the Minister.
5
6 Subsection 19-90(1)
6
Omit "year", substitute "period ascertained in accordance with the
7
Higher Education Provider Guidelines".
8
7 Subsection 19-90(2)
9
Omit "year", substitute "period".
10
8 At the end of section 19-90
11
Add:
12
(4) The provider must not vary a
*
fee unless the provider:
13
(a) does so:
14
(i) before the date ascertained in accordance with the
15
Higher Education Provider Guidelines; and
16
(ii) in circumstances specified in the Higher Education
17
Provider Guidelines; or
18
(b) does so with the written approval of the Minister.
19
9 Subsection 19-95(1)
20
Omit "the year", substitute "a period ascertained in accordance with the
21
Higher Education Provider Guidelines".
22
10 Paragraph 19-95(2)(b)
23
Omit all the words after "particular", substitute "period by the date
24
ascertained in accordance with the Higher Education Provider
25
Guidelines; and".
26
11 At the end of section 19-95
27
Add:
28
Replacement schedules
29
(3) If:
30
Schedule 1 Amendment of the Higher Education Support Act 2003
Part 1 Amendments commencing on Royal Assent
6 Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. ,
2005
(a) the provider has given the Minister a schedule (the previous
1
schedule) under:
2
(i) subsection (1); or
3
(ii) this subsection; and
4
(b) the provider:
5
(i) varies a
*
student contribution amount in the previous
6
schedule; or
7
(ii) varies a
*
tuition fee in the previous schedule;
8
the provider must:
9
(c) by written notice given to the Minister:
10
(i) withdraw the previous schedule; and
11
(ii) inform the Minister of the variation; and
12
(d) give the Minister a replacement schedule incorporating the
13
variation.
14
Note 1:
The provider must comply with subsection 19-87(3) when varying a
15
student contribution amount.
16
Note 2:
The provider must comply with subsection 19-90(4) when varying a
17
tuition fee.
18
(4) Subsections (1) and (2) apply to the replacement schedule in a
19
corresponding way to the way in which they apply to the previous
20
schedule.
21
12 Application of amendments--sections 19-87, 19-90 and
22
19-95 of the Higher Education Support Act 2003
23
(1)
A higher education provider may, by written notice given to the
24
Secretary, choose to have the amendments of sections 19-87, 19-90 and
25
19-95 of the Higher Education Support Act 2003 made by this Part
26
apply in relation to units of study provided, or proposed to be provided,
27
by the provider during periods that commence on or after 1 January
28
2005.
29
(2)
The choice has effect accordingly.
30
(3)
The choice cannot be revoked.
31
(4)
If a higher education provider does not make a choice under
32
subitem (1), the amendments of sections 19-87, 19-90 and 19-95 of the
33
Higher Education Support Act 2003 made by this Part apply in relation
34
to units of study provided, or proposed to be provided, by the provider
35
during periods that commence on or after 1 January 2006.
36
Amendment of the Higher Education Support Act 2003 Schedule 1
Amendments commencing on Royal Assent Part 1
Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. , 2005
7
(5)
A notice given under subitem (1) is not a legislative instrument for the
1
purposes of the Legislative Instruments Act 2003.
2
13 After section 36-22
3
Insert:
4
36-23 Providers to repay amounts etc. for units wholly consisting of
5
work experience in industry--no tax file numbers
6
(1) This section applies to a person if:
7
(a) a higher education provider cancels the person's enrolment in
8
a unit of study under subsection 193-5(1); and
9
(b) the unit wholly consists of
*
work experience in industry.
10
Note:
A HECS-HELP debt of a person to whom this section applies is
11
remitted under subsection 137-5(5).
12
(2) The provider must:
13
(a) pay to the person an amount equal to the payment, or the sum
14
of the payments, that the person made in relation to his or her
15
*
student contribution amount for the unit; and
16
(b) pay to the Commonwealth an amount equal to any
17
*
HECS-HELP assistance to which the person was entitled for
18
the unit.
19
Note:
The heading to section 36-22 is altered by omitting "industry in special" and
20
substituting "industry--special".
21
14 After paragraph 79-1(aa)
22
Insert:
23
(ab) the unit does not wholly consist of
*
work experience in
24
industry; and
25
15 At the end of Division 79
26
Add:
27
Schedule 1 Amendment of the Higher Education Support Act 2003
Part 1 Amendments commencing on Royal Assent
8 Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. ,
2005
Subdivision 79-C--Students without tax file numbers
1
79-25 Re-crediting a person's SLE--no tax file number
2
A higher education provider must, on the
*
Secretary's behalf,
3
re-credit a person's
*
SLE with an amount equal to the
*
EFTSL
4
value of a unit of study if:
5
(a) the provider cancels the person's enrolment in the unit under
6
subsection 193-5(1); and
7
(b) the unit does not wholly consist of
*
work experience in
8
industry.
9
Note:
A HECS-HELP debt relating to a unit of study will be remitted if the
10
SLE in relation to the unit is re-credited: see subsection 137-5(4). In
11
addition, it is a condition of the higher education provider's funding
12
under Part 2-2 that payments for the unit must be repaid: see
13
section 36-20.
14
16 Subsection 104-4(1)
15
Omit "year", substitute "period ascertained in accordance with the
16
FEE-HELP Guidelines".
17
17 Subsection 104-4(2)
18
Omit "year", substitute "period".
19
18 After subsection 104-4(2)
20
Insert:
21
(2A)
*
Open Learning Australia must not vary a
*
fee unless Open
22
Learning Australia:
23
(a) does so:
24
(i) before the date ascertained in accordance with the
25
FEE-HELP Guidelines; and
26
(ii) in circumstances specified in the FEE-HELP
27
Guidelines; or
28
(b) does so with the written approval of the Minister.
29
19 Subsection 104-4(5)
30
Omit "year", substitute "period".
31
20 After subsection 104-4(5)
32
Amendment of the Higher Education Support Act 2003 Schedule 1
Amendments commencing on Royal Assent Part 1
Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. , 2005
9
Insert:
1
(5A)
*
Open Learning Australia must not vary a
*
census date unless
2
Open Learning Australia:
3
(a) does so:
4
(i) before the date ascertained in accordance with the
5
FEE-HELP Guidelines; and
6
(ii) in circumstances specified in the FEE-HELP
7
Guidelines; or
8
(b) does so with the written approval of the Minister.
9
21 Paragraphs 104-4(6)(a) and (b)
10
Omit "year", substitute "period".
11
22 Subsection 104-4(6)
12
Omit "that year", substitute "that period".
13
23 Application of amendments--section 104-4 of the Higher
14
Education Support Act 2003
15
(1)
Open Learning Australia may, by written notice given to the Secretary,
16
choose to have the amendments of section 104-4 of the Higher
17
Education Support Act 2003 made by this Part apply in relation to units
18
of study access to which was provided by Open Learning Australia
19
during periods that commence on or after 1 January 2005.
20
(2)
The choice has effect accordingly.
21
(3)
The choice cannot be revoked.
22
(4)
If Open Learning Australia does not make a choice under subitem (1),
23
the amendments of section 104-4 of the Higher Education Support Act
24
2003 made by this Part apply in relation to units of study access to
25
which was provided by Open Learning Australia during periods that
26
commence on or after 1 January 2006.
27
(5)
A notice given under subitem (1) is not a legislative instrument for the
28
purposes of the Legislative Instruments Act 2003.
29
24 After section 104-25
30
Insert:
31
Schedule 1 Amendment of the Higher Education Support Act 2003
Part 1 Amendments commencing on Royal Assent
10 Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. ,
2005
104-27 Re-crediting a person's FEE-HELP balance--no tax file
1
number
2
(1) A higher education provider must, on the
*
Secretary's behalf,
3
re-credit a person's
*
FEE-HELP balance with an amount equal to
4
the amounts of
*
FEE-HELP assistance that the person received for
5
a unit of study if:
6
(a) the person has been enrolled in the unit with the provider;
7
and
8
(b) subsection 193-10(1) applies to the person in relation to the
9
unit.
10
(2)
*
Open Learning Australia must, on the
*
Secretary's behalf,
11
re-credit a person's
*
FEE-HELP balance with an amount equal to
12
the amounts of
*
FEE-HELP assistance that the person has received
13
for a unit of study if subsection 193-10(2) applies to the person in
14
relation to the unit.
15
Note:
A FEE-HELP debt relating to a unit of study will be remitted if the
16
FEE-HELP balance in relation to the unit is re-credited: see
17
section 137-10.
18
25 Subsection 110-5(1)
19
After "104-25(1)", insert ", 104-27(1)".
20
26 Subsection 110-5(2)
21
After "104-25(2)", insert "or 104-27(2)".
22
27 Paragraph 118-1(1)(f)
23
Omit "one EFTSL", substitute "0.5 EFTSL".
24
28 Subsection 137-5(5)
25
After "36-22", insert "or 36-23".
26
29 Subsection 137-10(4)
27
After "104-25", insert ", 104-27".
28
30 Subsection 140-25(1) (example)
29
Omit "143-B", substitute "140-B".
30
31 Subsection 169-25(1)
31
Amendment of the Higher Education Support Act 2003 Schedule 1
Amendments commencing on Royal Assent Part 1
Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. , 2005
11
Omit "a year", substitute "a period ascertained in accordance with the
1
Administration Guidelines".
2
32 Subsection 169-25(1)
3
Omit "that year", substitute "that period".
4
33 Paragraphs 169-25(3)(a) and (b)
5
Omit "date, and in the manner, specified in", substitute "date
6
ascertained in accordance with, and in the manner specified in,".
7
34 Subsection 169-25(4)
8
Repeal the subsection, substitute:
9
Variations
10
(4) The provider must not vary the
*
census date for the unit, or the
11
*
EFTSL value for the unit, after publication under subsection (3),
12
unless the provider:
13
(a) does so:
14
(i) before the date ascertained in accordance with the
15
Administration Guidelines; and
16
(ii) in circumstances specified in the Administration
17
Guidelines; or
18
(b) does so with the written approval of the Minister.
19
(5) If paragraph (4)(a) applies, the provider must publish the variation
20
by the date ascertained in accordance with, and in the manner
21
specified in, the Administration Guidelines.
22
(6) If paragraph (4)(b) applies, the provider must publish the variation
23
by the date, and in the manner, specified by the Minister in the
24
approval.
25
35 Application of amendments--section 169-25 of the Higher
26
Education Support Act 2003
27
(1)
A higher education provider may, by written notice given to the
28
Secretary, choose to have the amendments of section 169-25 of the
29
Higher Education Support Act 2003 made by this Part apply in relation
30
to units of study provided, or proposed to be provided, by the provider
31
during periods that commence on or after 1 January 2005.
32
Schedule 1 Amendment of the Higher Education Support Act 2003
Part 1 Amendments commencing on Royal Assent
12 Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. ,
2005
(2)
The choice has effect accordingly.
1
(3)
The choice cannot be revoked.
2
(4)
If a higher education provider does not make a choice under
3
subitem (1), the amendments of section 169-25 of the Higher Education
4
Support Act 2003 made by this Part apply in relation to units of study
5
provided, or proposed to be provided, by the provider during periods
6
that commence on or after 1 January 2006.
7
(5)
A notice given under subitem (1) is not a legislative instrument for the
8
purposes of the Legislative Instruments Act 2003.
9
36 After subsection 187-1(1)
10
Insert:
11
(1AA) Compliance by a person with subsection (1) in relation to a
*
course
12
of study is to be ignored in determining whether there has been
13
compliance by the person with subsection (1) in relation to any
14
other course of study.
15
37 Paragraphs 187-1(3)(a) and (b)
16
Repeal the paragraphs, substitute:
17
(a) the unit of study for which the assistance is sought; or
18
(b) the
*
course of study of which the unit forms a part; or
19
(c) any other unit of study forming part of that course.
20
38 Subsection 187-1(3A)
21
Omit ", or any other unit of study".
22
39 At the end of section 187-1
23
Add:
24
(7) A guideline issued under subsection (4) is a legislative instrument
25
for the purposes of the Legislative Instruments Act 2003.
26
40 Division 193 (heading)
27
Repeal the heading, substitute:
28
Amendment of the Higher Education Support Act 2003 Schedule 1
Amendments commencing on Royal Assent Part 1
Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. , 2005
13
Division 193--Other provisions relating to tax file numbers
1
41 At the end of subsection 193-5(1)
2
Add:
3
; and (c) the person is entitled to
*
HECS-HELP assistance for the unit
4
(ignoring paragraph 90-1(f)); and
5
(d) the person has not paid, as one or more
*
up-front payments in
6
relation to the unit, 80% of his or her
*
student contribution
7
amount for the unit.
8
Note 1:
If the unit does not wholly consist of work experience in industry, the
9
person's SLE in relation to the unit is re-credited: see section 79-25.
10
Note 2:
If the unit wholly consists of work experience in industry, the provider
11
has certain payment obligations: see section 36-23.
12
Note:
The heading to section 193-5 is replaced by the heading "No entitlement to
13
HECS-HELP assistance for students without tax file numbers".
14
42 At the end of subsection 193-5(2)
15
Add "as a
*
Commonwealth supported student".
16
43 At the end of section 193-5
17
Add:
18
(5) A guideline issued under subsection (4) is a legislative instrument
19
for the purposes of the Legislative Instruments Act 2003.
20
44 After section 193-5
21
Insert:
22
193-10 No entitlement to FEE-HELP assistance for students without
23
tax file numbers
24
(1) This subsection applies to a person in relation to a unit of study if:
25
(a) the person is enrolled with a higher education provider in the
26
unit; and
27
(b) access to the unit was not provided by
*
Open Learning
28
Australia; and
29
(c) the provider receives notice under section 190-15 or 190-20
30
to the effect that the person does not have, or no longer has, a
31
*
tax file number; and
32
Schedule 1 Amendment of the Higher Education Support Act 2003
Part 1 Amendments commencing on Royal Assent
14 Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. ,
2005
(d) at the end of 28 days after the provider receives that notice,
1
the provider has not been notified of a number that the
2
provider is satisfied (in accordance with subsection (3)) is a
3
valid tax file number; and
4
(e) the person is entitled to
*
FEE-HELP assistance for the unit
5
(ignoring paragraph 104-1(1)(h)).
6
Note:
The person's FEE-HELP balance in relation to the unit is re-credited:
7
see subsection 104-27(1).
8
(2) This subsection applies to a person in relation to a unit of study if:
9
(a) the person is enrolled in the unit; and
10
(b) access to the unit was provided by
*
Open Learning Australia;
11
and
12
(c) Open Learning Australia receives notice under
13
section 190-15 or 190-20 to the effect that the person does
14
not have, or no longer has, a
*
tax file number; and
15
(d) at the end of 28 days after Open Learning Australia receives
16
that notice, Open Learning Australia has not been notified of
17
a number that it is satisfied (in accordance with
18
subsection (3)) is a valid tax file number; and
19
(e) the person is entitled to
*
FEE-HELP assistance for the unit
20
(ignoring paragraph 104-1(1)(h)).
21
Note:
The person's FEE-HELP balance in relation to the unit is re-credited:
22
see subsection 104-27(2).
23
(3) A higher education provider or
*
Open Learning Australia must, in
24
deciding whether it is satisfied that a number is a valid
*
tax file
25
number for the purposes of paragraph (1)(d) or (2)(d), as the case
26
may be, comply with the guidelines issued by the
*
Commissioner
27
under subsection 187-1(4).
28
(4) A higher education provider or
*
Open Learning Australia must
29
comply with any requirements, set out in guidelines issued by the
30
*
Commissioner, relating to procedures for informing persons of the
31
need to obtain a valid
*
tax file number, where the persons may be
32
affected by subsection (1) or (2), as the case may be, applying to
33
them.
34
(5) A guideline issued under subsection (4) is a legislative instrument
35
for the purposes of the Legislative Instruments Act 2003.
36
45 Section 198-1 (note 2)
37
Amendment of the Higher Education Support Act 2003 Schedule 1
Amendments commencing on Royal Assent Part 1
Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. , 2005
15
Omit "The Other Grants and Payments Guidelines and the
1
Commonwealth Scholarship".
2
46 At the end of section 198-10
3
Add:
4
(3) If an amount worked out under subsection (1) is an amount made
5
up of dollars and cents, round the amount down to the nearest
6
dollar.
7
47 Application of amendment--subsection 198-10(3) of the
8
Higher Education Support Act 2003
9
Subsection 198-10(3) of the Higher Education Support Act 2003 applies
10
to amounts indexed after the commencement of this item.
11
48 After subsection 209-10(5)
12
Insert:
13
(5A) The
*
reviewer must give the person written notice of the decision
14
on review.
15
(5B) The notice:
16
(a) must be given within a reasonable period after the decision
17
on review is made; and
18
(b) must contain a statement of the reasons for the decision on
19
review.
20
49 Application of amendment--subsections 209-10(5A) and
21
(5B) of the Higher Education Support Act 2003
22
Subsections 209-10(5A) and (5B) of the Higher Education Support Act
23
2003 apply to a decision on review that is made after the
24
commencement of this item.
25
50 At the end of section 238-10
26
Add:
27
Indexation
28
(3) Guidelines may provide for the indexation of any or all amounts in
29
the Guidelines, using the method of indexation set out in Part 5-6.
30
Schedule 1 Amendment of the Higher Education Support Act 2003
Part 2 Amendments commencing 28 days after Royal Assent
16 Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. ,
2005
1
Part 2--Amendments commencing 28 days after
2
Royal Assent
3
51 Paragraph 19-45(1)(c)
4
Repeal the paragraph, substitute:
5
(c) a review procedure for dealing with review of decisions made
6
by the provider:
7
(i) under section 36-22; or
8
(ii) relating to assistance under Chapter 3.
9
52 Subsection 19-50(1)
10
Omit "provider relating to assistance under Chapter 3.", substitute:
11
provider:
12
(a) under section 36-22; or
13
(b) relating to assistance under Chapter 3.
14
53 Subsection 19-50(2)
15
Omit "provider relating to assistance under Chapter 3.", substitute:
16
provider:
17
(c) under section 36-22; or
18
(d) relating to assistance under Chapter 3.
19
54 Subsection 19-60(1)
20
After "purposes of", insert "section 36-22 or".
21
55 Subsection 36-22(1)
22
Omit "This section applies to a person", substitute "A higher education
23
provider must, on the
*
Secretary's behalf, determine that this section
24
applies to a person".
25
56 Paragraph 36-22(1)(a)
26
Omit "a higher education", substitute "the".
27
57 Section 206-1 (note 1)
28
After "items", insert "1A,".
29
Amendment of the Higher Education Support Act 2003 Schedule 1
Amendments commencing 28 days after Royal Assent Part 2
Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. , 2005
17
58 Subsection 209-1(2) (note 1)
1
After "under", insert "section 36-22 or".
2
59 Subsection 238-1(2)
3
Omit "provider relating to Chapter 3.", substitute:
4
provider:
5
(a) under section 36-22; or
6
(b) relating to Chapter 3.
7
Schedule 1 Amendment of the Higher Education Support Act 2003
Part 3 Amendments commencing on 1 January 2004
18 Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. ,
2005
1
Part 3--Amendments commencing on 1 January
2
2004
3
60 Clause 1 of Schedule 1 (paragraph (b) of the definition of
4
overseas student)
5
Repeal the paragraph, substitute:
6
(b) is enrolled, or proposes to become enrolled, in:
7
(i) a
*
course of study with a higher education provider; or
8
(ii) a unit of study access to which was provided by
*
Open
9
Learning Australia;
10
61 Clause 1 of Schedule 1 (at the end of the definition of
11
student)
12
Add ", and includes a person who is enrolled in a unit of study access to
13
which was provided by
*
Open Learning Australia".
14
Amendment of the Higher Education Support (Transitional Provisions and
Consequential Amendments) Act 2003 Schedule 2
Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. , 2005
19
1
Schedule 2--Amendment of the Higher
2
Education Support (Transitional
3
Provisions and Consequential
4
Amendments) Act 2003
5
6
1 Paragraph 2(c) of Schedule 1
7
Omit "item 5", substitute "item 4".
8
Schedule 3 Amendment of the Taxation Administration Act 1953
20 Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005 No. ,
2005
1
Schedule 3--Amendment of the Taxation
2
Administration Act 1953
3
4
1 Subsection 15-25(1) in Schedule 1
5
After "(c),", insert "(ca),".
6
2 Paragraph 15-50(1)(b) in Schedule 1
7
After "(c),", insert "(ca),".
8

 


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