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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. 3) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Higher Education Legislation
Amendment (2005 Measures No. 3) Bill
2005
No. , 2005
(Education, Science and Training)
A Bill for an Act to amend legislation relating to
higher education, and for related purposes
i Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. ,
2005
Contents
1
Short title ......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................5
Schedule 1--Student load etc.
6
Higher Education Support Act 2003
6
Schedule 2--Fairness requirements
8
Higher Education Support Act 2003
8
Schedule 3--Fees
9
Higher Education Support Act 2003
9
Schedule 4--Auditing requirements
10
Higher Education Support Act 2003
10
Schedule 5--Commonwealth supported student
11
Higher Education Support Act 2003
11
Schedule 6--Amendment of reference from Open Learning
Australia to Open Universities Australia
13
Higher Education Support Act 2003
13
Schedule 7--General amendments to change references
15
Part 1--Amendments to change asterisked references
15
Higher Education Support Act 2003
15
Part 2--Amendments to change other references
18
Higher Education Support Act 2003
18
Higher Education Legislation Amendment (2005 Measures No. 2) Act
2005
20
Schedule 8--Technical amendment
21
Australian National University Act 1991
21
Higher Education Support Act 2003
21
Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. , 2005
1
A Bill for an Act to amend legislation relating to
1
higher education, and for related 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. 3) 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. 3) 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. Schedules 1
and 2
The day on which this Act receives the
Royal Assent.
3. Schedule 3
The 14th day after the day on which this
Act receives the Royal Assent.
4. Schedules 4
and 5
The day on which this Act receives the
Royal Assent.
5. Schedule 6
23 November 2004.
23 November
2004
6. Schedule 7,
items 1 to 6
Immediately after the commencement of the
provisions covered by table item 5.
23 November
2004
7. Schedule 7,
item 7
Immediately after the commencement of
item 6 of Schedule 1 to the Higher
Education Support Amendment (Abolition
of Compulsory Up-front Student Union
Fees) Act 2005.
However, if item 6 of Schedule 1 to the
Higher Education Support Amendment
(Abolition of Compulsory Up-front Student
Union Fees) Act 2005 does not commence,
the provision(s) do not commence at all.
8. Schedule 7,
item 8
Immediately after the commencement of the
provisions covered by table item 5.
23 November
2004
9. Schedule 7,
item 9
Immediately after the commencement of
item 18 of Schedule 1 to the Higher
Education Legislation Amendment (2005
Measures No. 2) Act 2005.
However, if item 18 of Schedule 1 to the
Higher Education Legislation Amendment
(2005 Measures No. 2) Act 2005 does not
commence, the provision(s) do not
commence at all.
Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. , 2005
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
10. Schedule 7,
item 10
Immediately after the commencement of the
provisions covered by table item 5.
23 November
2004
11. Schedule 7,
item 11
Immediately after the commencement of
item 20 of Schedule 1 to the Higher
Education Legislation Amendment (2005
Measures No. 2) Act 2005.
However, if item 20 of Schedule 1 to the
Higher Education Legislation Amendment
(2005 Measures No. 2) Act 2005 does not
commence, the provision(s) do not
commence at all.
12. Schedule 7,
items 12 to 14
Immediately after the commencement of the
provisions covered by table item 5.
23 November
2004
13. Schedule 7,
item 15
Immediately after the commencement of
item 24 of Schedule 1 to the Higher
Education Legislation Amendment (2005
Measures No. 2) Act 2005.
However, if item 24 of Schedule 1 to the
Higher Education Legislation Amendment
(2005 Measures No. 2) Act 2005 does not
commence, the provision(s) do not
commence at all.
14. Schedule 7,
items 16 to 36
Immediately after the commencement of the
provisions covered by table item 5.
23 November
2004
15. Schedule 7,
items 37 and 38
Immediately after the commencement of
item 44 of Schedule 1 to the Higher
Education Legislation Amendment (2005
Measures No. 2) Act 2005.
However, if item 44 of Schedule 1 to the
Higher Education Legislation Amendment
(2005 Measures No. 2) Act 2005 does not
commence, the provision(s) do not
commence at all.
16. Schedule 7,
items 39 to 43
Immediately after the commencement of the
provisions covered by table item 5.
23 November
2004
4 Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No.
, 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
17. Schedule 7,
item 44
Immediately after the commencement of
item 60 of Schedule 1 to the Higher
Education Legislation Amendment (2005
Measures No. 2) Act 2005.
However, if item 60 of Schedule 1 to the
Higher Education Legislation Amendment
(2005 Measures No. 2) Act 2005 does not
commence, the provision(s) do not
commence at all.
18. Schedule 7,
items 45 and 46
Immediately after the commencement of the
provisions covered by table item 5.
23 November
2004
19. Schedule 7,
item 47
Immediately after the commencement of
item 61 of Schedule 1 to the Higher
Education Legislation Amendment (2005
Measures No. 2) Act 2005.
However, if item 61 of Schedule 1 to the
Higher Education Legislation Amendment
(2005 Measures No. 2) Act 2005 does not
commence, the provision(s) do not
commence at all.
20. Schedule 7,
items 48 and 49
Immediately after the commencement of the
provisions covered by table item 5.
23 November
2004
21. Schedule 7,
items 50 to 56
Immediately after the commencement of the
provisions covered by table item 6.
23 November
2004
22. Schedule 7,
item 57
Immediately after the commencement of the
provisions covered by table item 9.
However, if the provisions covered by table
item 9 do not commence, the provision(s)
do not commence at all.
23. Schedule 7,
item 58
Immediately after the commencement of the
provisions covered by table item 11.
However, if the provisions covered by table
item 11 do not commence, the provision(s)
do not commence at all.
24. Schedule 7,
items 59 to 81
Immediately after the commencement of the
provisions covered by table item 6.
23 November
2004
Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. , 2005
5
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
25. Schedule 7,
item 82
Immediately after the commencement of
item 44 of Schedule 1 to the Higher
Education Legislation Amendment (2005
Measures No. 2) Act 2005.
However, if item 44 of Schedule 1 to the
Higher Education Legislation Amendment
(2005 Measures No. 2) Act 2005 does not
commence, the provision(s) do not
commence at all.
26. Schedule 7,
items 83 to 91
Immediately after the commencement of the
provisions covered by table item 6.
23 November
2004
27. Schedule 7,
item 92
Immediately after the commencement of
item 23 of Schedule 1 to the Higher
Education Legislation Amendment (2005
Measures No. 2) Act 2005.
However, if item 23 of Schedule 1 to the
Higher Education Legislation Amendment
(2005 Measures No. 2) Act 2005 does not
commence, the provision(s) do not
commence at all.
28. Schedule 8
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
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1 Student load etc.
6 Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No.
, 2005
1
Schedule 1--Student load etc.
2
3
Higher Education Support Act 2003
4
1 Subsection 73-10(1)
5
Omit "
*
student load", substitute "student load".
6
2 Paragraph 104-45(1)(d)
7
Omit "total
*
student load", substitute "total student load".
8
3 Paragraph 104-45(1)(d)
9
Omit "the provider's
*
maximum BOTP student load", substitute "the
10
student load that, in the provider's opinion, represents the load imposed
11
on a full-time student for one year".
12
4 Paragraph 104-45(2)(d)
13
Omit "total
*
student load", substitute "total student load".
14
5 Paragraph 104-45(2)(d)
15
Omit "the provider's
*
maximum BOTP student load", substitute "the
16
student load that, in the provider's opinion, represents the load imposed
17
on a full-time student for one year".
18
6 Paragraph 104-45(3)(d)
19
Omit "total
*
student load", substitute "total student load".
20
7 Paragraph 104-45(3)(d)
21
Omit "the institution's
*
maximum BOTP student load", substitute "the
22
student load that, in the provider's opinion, represents the load imposed
23
on a full-time student for one year".
24
8 Section 104-75
25
Repeal the section.
26
9 Clause 1 of Schedule 1 (definition of maximum BOTP
27
student load)
28
Student load etc. Schedule 1
Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. , 2005
7
Repeal the definition.
1
10 Clause 1 of Schedule 1 (definition of student load)
2
Repeal the definition.
3
11 Application
4
The amendments made by this Schedule only apply to a bridging course
5
for overseas-trained professionals in which a person enrols on or after
6
the commencement of this Schedule.
7
Schedule 2 Fairness requirements
8 Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No.
, 2005
1
Schedule 2--Fairness requirements
2
3
Higher Education Support Act 2003
4
1 Subsection 19-35(2)
5
After "in the provider's", insert "reasonable".
6
2 Subsection 19-35(4)
7
After "in the provider's", insert "reasonable".
8
3 Application
9
The amendments made by this Schedule only apply to the meeting of the
10
fairness requirements on or after the commencement of this Schedule.
11
Fees Schedule 3
Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. , 2005
9
1
Schedule 3--Fees
2
3
Higher Education Support Act 2003
4
1 Paragraph 19-102(3)(d)
5
Omit "Commonwealth Grant Scheme Guidelines", substitute "Higher
6
Education Provider Guidelines".
7
2 Paragraph 19-102(3)(f)
8
Repeal the paragraph, substitute:
9
(f) determined, in accordance with the Higher Education Provider
10
Guidelines, to be a fee of a kind that is incidental to studies
11
that may be undertaken with a higher education provider; or
12
3 Application
13
The amendments made by this Schedule only apply to the determination
14
of fees after the commencement of this Schedule.
15
Schedule 4 Auditing requirements
10 Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No.
, 2005
1
Schedule 4--Auditing requirements
2
3
Higher Education Support Act 2003
4
1 At the end of Subdivision 19-E of Division 19 of Part 2-1
5
Add:
6
19-80 Compliance assurance--provider (other than Table A
7
provider)
8
(1) The Minister may require a higher education provider (other than a
9
*
Table A provider) to be audited as to compliance with any one or
10
more of the following requirements:
11
(a) the
*
financial viability requirements;
12
(b) the
*
fairness requirements;
13
(c) the
*
compliance requirements;
14
(d) the
*
contribution and fee requirements.
15
(2) The audit must be conducted:
16
(a) by a body determined in writing by the Minister; and
17
(b) at such time or times, and in such manner, as the Minister
18
requires.
19
(3) The provider must:
20
(a) fully co-operate with the auditing body in the course of its
21
audit; and
22
(b) pay to the auditing body any charges payable for such an
23
audit.
24
(4) A determination made under paragraph (2)(a) is not a legislative
25
instrument.
26
Commonwealth supported student Schedule 5
Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. , 2005
11
1
Schedule 5--Commonwealth supported
2
student
3
4
Higher Education Support Act 2003
5
1 Subsection 36-5(1)
6
Omit all the words after "in relation to a unit of study,", substitute:
7
if:
8
(a) the higher education provider with which he or she is enrolled
9
in that unit has advised the person in writing that he or she is a
10
Commonwealth supported student:
11
(i) in relation to the unit; or
12
(ii) if the person is undertaking a
*
course of study with the
13
provider of which the unit forms a part--in relation to
14
that course of study; and
15
(b) at the end of the
*
census date for the unit, the higher education
16
provider would not have been prohibited, under section 36-10
17
or 36-15, or both, from so advising the person.
18
2 Subsection 36-5(2)
19
Repeal the subsection.
20
3 Paragraph 36-10(1)(e)
21
Repeal the paragraph, substitute:
22
(e) the person:
23
(i) enrolled in the unit on or before the
*
census date for the
24
unit; and
25
(ii) at the end of the census date, remained so enrolled.
26
4 Paragraph 36-25(1)(b)
27
After "under section 36-10", insert "or section 36-15, or both".
28
5 Paragraph 36-25(2)(c)
29
After "under section 36-10", insert "or section 36-15, or both".
30
Schedule 5 Commonwealth supported student
12 Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No.
, 2005
6 At the end of section 36-25
1
Add:
2
(3) If a higher education provider has, under subparagraph
3
36-5(1)(a)(ii), advised a person that he or she is a Commonwealth
4
supported student in relation to a
*
course of study with the provider,
5
then the higher education provider is taken to have advised the
6
person that he or she is a Commonwealth supported student in
7
relation to each unit of study undertaken with the provider, as part
8
of that course.
9
7 Paragraph 36-30(1)(b)
10
After "under section 36-10", insert "or section 36-15, or both".
11
8 Application
12
The amendments made by this Schedule only apply to the giving of
13
advice under section 36-5 of the Higher Education Support Act 2003
14
after the commencement of this Schedule.
15
16
Amendment of reference from Open Learning Australia to Open Universities Australia
Schedule 6
Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. , 2005
13
1
Schedule 6--Amendment of reference from
2
Open Learning Australia to Open
3
Universities Australia
4
5
Higher Education Support Act 2003
6
1 Subsection 179-15(3A)
7
Omit "Open Learning Australia", substitute "Open Universities
8
Australia".
9
2 Division 190 of Part 5-5 (heading)
10
Repeal the heading, substitute:
11
Division 190--In what circumstances can higher education
12
providers and Open Universities Australia be
13
notified of tax file number matters?
14
3 Division 193 of Part 5-5 (heading)
15
Repeal the heading, substitute:
16
Division 193--What are the requirements on higher
17
education providers and Open Universities
18
Australia relating to tax file numbers?
19
4 Clause 1 of Schedule 1 (definition of officer of Open
20
Learning Australia)
21
Repeal the definition.
22
5 Clause 1 of Schedule 1
23
Insert:
24
officer of Open Universities Australia has the meaning given by
25
subsection 179-15(3A).
26
Schedule 6 Amendment of reference from Open Learning Australia to Open
Universities Australia
14 Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No.
, 2005
6 Clause 1 of Schedule 1 (definition of Open Learning
1
Australia)
2
Repeal the definition.
3
7 Clause of Schedule 1
4
Insert:
5
Open Universities Australia means Open Universities Australia
6
Pty Ltd (ACN 053 431 888).
7
General amendments to change references Schedule 7
Amendments to change asterisked references Part 1
Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. , 2005
15
1
Schedule 7--General amendments to change
2
references
3
Part 1--Amendments to change asterisked
4
references
5
1 Amendment of Act--asterisked references
6
The specified provisions of the Act listed in this Part are amended by
7
omitting "
*
Open Learning Australia" and substituting "
*
Open
8
Universities Australia".
9
Higher Education Support Act 2003
10
2 Subsection 36-40(3)
11
3 Subparagraph 104-1(1)(f)(ii)
12
4 Section 104-2
13
5 Subsection 104-3(1)
14
6 Paragraphs 104-3(2)(a) and (3)(a)
15
7 Subsection 104-3(5)
16
8 Subsections 104-4(1) and (2)
17
9 Subsection 104-4(2A)
18
10 Subsections 104-4(3) and (5)
19
11 Subsection 104-4(5A)
20
12 Subsection 104-4(6)
21
13 Paragraph 104-25(1)(aa)
22
14 Subsection 104-25(2)
23
Schedule 7 General amendments to change references
Part 1 Amendments to change asterisked references
16 Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No.
, 2005
15 Subsection 104-27(2)
1
16 Subsection 104-30(3)
2
17 Paragraph 104-35(1A)(b)
3
18 Paragraph 104-40(1A)(b)
4
19 Subsections 107-10(3) and (4)
5
20 Subsections 110-1(1) and (2)
6
21 Subsection 110-5(2)
7
22 Subsection 154-55(2)
8
23 Paragraph 179-15(3A)(a)
9
24 Paragraph 179-20(ca)
10
25 Subparagraph 179-35(1)(d)(iii)
11
26 Subsections 187-1(1), (1A) and (3A)
12
27 Paragraph 187-1(4)(b)
13
28 Subsection 187-2(2)
14
29 Paragraph 187-5(2)(a)
15
30 Subsection 190-1(2)
16
31 Subsections 190-5(3) and (4)
17
32 Paragraph 190-10(3)(a)
18
33 Subsection 190-10(4)
19
34 Paragraph 190-15(1A)(a)
20
35 Subsection 190-20(1A)
21
General amendments to change references Schedule 7
Amendments to change asterisked references Part 1
Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. , 2005
17
36 Subsections 193-1(2A), (2B) and (2C)
1
37 Paragraphs 193-10(1)(b) and (2)(b)
2
38 Subsections 193-10(3) and (4)
3
39 Section 206-1 (table item 2A, column headed "Decision
4
maker")
5
40 Paragraph 209-1(1)(b)
6
41 Subsections 238-1(2A) and (2B)
7
42 Clause 1 of Schedule 1 (paragraph (a) of the definition of
8
census date)
9
43 Clause 1 of Schedule 1 (paragraph (a) of the definition of
10
fee)
11
44 Clause 1 of Schedule 1 (subparagraph (b)(ii) of the
12
definition of overseas student)
13
45 Clause 1 of Schedule 1 (paragraph (a) of the definition of
14
request for Commonwealth assistance)
15
46 Clause 1 of Schedule 1 (paragraph (b) of the definition of
16
review officer)
17
47 Clause 1 of Schedule 1 (definition of student)
18
48 Clause 1 of Schedule 1 (paragraph (a) of the definition of
19
tuition fee)
20
49 Clause 1 of Schedule 1 (subparagraph (b)(i) of the
21
definition of unit of study)
22
Schedule 7 General amendments to change references
Part 2 Amendments to change other references
18 Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No.
, 2005
1
Part 2--Amendments to change other references
2
50 Amendment of Acts--other references
3
The specified provisions of the Acts listed in this Part are amended by
4
omitting "Open Learning Australia" (wherever occurring) and
5
substituting "Open Universities Australia".
6
Higher Education Support Act 2003
7
51 Section 101-1
8
52 Subparagraph 104-1(1)(i)(i)
9
53 Paragraph 104-2(a)
10
Note:
The heading to section 104-2 is altered by omitting "Open Learning Australia" and
11
substituting "Open Universities Australia".
12
54 Subsection 104-3(1)
13
55 Paragraphs 104-3(2)(b), (c), (e) and (f)
14
Note:
The heading to section 104-3 is altered by omitting "Open Learning Australia" and
15
substituting "Open Universities Australia".
16
56 Subsection 104-4(2)
17
57 Subsection 104-4(2A)
18
58 Subsection 104-4(5A)
19
59 Subsection 104-4(6)
20
Note:
The heading to section 104-4 is altered by omitting "Open Learning Australia" and
21
substituting "Open Universities Australia".
22
60 Paragraphs 104-25(2)(a), (c) and (d)
23
61 Subparagraph 104-25(2)(e)(ii)
24
62 Subsection 104-40(1A)
25
General amendments to change references Schedule 7
Amendments to change other references Part 2
Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. , 2005
19
63 Paragraphs 107-10(4)(a) and (b)
1
64 Paragraph 110-1(2)(b)
2
65 Subsection 110-5(2)
3
66 Paragraphs 179-15(1)(c), (3A)(b) and (4)(c)
4
67 Paragraphs 179-20(ca), (e), (f) and (g)
5
68 Paragraph 179-25(1)(c)
6
69 Subparagraph 179-35(1)(d)(iv)
7
70 Section 184-1
8
71 Paragraph 187-1(1A)(a)
9
72 Paragraphs 187-2(2)(a) and (b)
10
73 Subsection 187-2(2)
11
74 Paragraph 187-5(2)(b)
12
75 Subsection 190-1(2)
13
76 Subsection 190-5(3)
14
77 Subsection 190-10(3)
15
78 Subsection 190-15(1A)
16
79 Subsection 190-20(1A)
17
80 Paragraphs 193-1(2A)(a) and (b)
18
Note:
The heading to subsection 193-1(2A) is altered by omitting "Open Learning
19
Australia" and substituting "Open Universities Australia".
20
81 Paragraph 193-1(2B)(b)
21
82 Paragraphs 193-10(2)(c) and (d)
22
Schedule 7 General amendments to change references
Part 2 Amendments to change other references
20 Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No.
, 2005
83 Section 206-1 (note 2)
1
84 Subsection 209-1(2) (note 2)
2
85 Subsection 238-1(2A)
3
86 Paragraphs 238-1(2B)(a) and (b)
4
87 Subsection 238-1(2B)
5
88 Clause 1 of Schedule 1 (paragraph (b) of the definition of
6
census date)
7
89 Clause 1 of Schedule 1 (paragraph (b) of the definition of
8
fee)
9
90 Clause 1 of Schedule 1 (paragraph (b) of the definition of
10
request for Commonwealth assistance)
11
91 Clause 1 of Schedule 1 (paragraph (b) of the definition of
12
tuition fee)
13
Higher Education Legislation Amendment (2005 Measures
14
No. 2) Act 2005
15
92 Subitems 23(1) and (4) of Schedule 1
16
Technical amendment Schedule 8
Higher Education Legislation Amendment (2005 Measures No. 3) Bill 2005 No. , 2005
21
1
Schedule 8--Technical amendment
2
3
Australian National University Act 1991
4
1 Division 4 of Part 2 (heading)
5
Repeal the heading.
6
Higher Education Support Act 2003
7
2 Paragraph 36-15(1)(b)
8
Omit "overseas trained professionals", substitute "overseas-trained
9
professionals".
10

 

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