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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Legislation Amendment (2019
Measures No. 1) Bill 2019
No. , 2019
(Education)
A Bill for an Act to amend the law relating to
higher education, and for related purposes
No. , 2019
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Increased HELP loan limit for specified aviation
courses
3
Part 1--Amendments
3
Higher Education Support Act 2003
3
Part 2--Application and transitional provisions
4
Schedule 2--HELP debt arrangements for very remote HELP
debtors
5
Part 1--Amendments
5
Higher Education Support Act 2003
5
Part 2--Application and transitional provisions
13
Schedule 3--Other amendments
14
Part 1--Amendments commencing 1 January 2019
14
Higher Education Support Legislation Amendment (Student Loan
Sustainability) Act 2018
14
Part 2--Amendments commencing on Royal Assent
15
Division 1--Amendments
15
Higher Education Support Act 2003
15
VET Student Loans Act 2016
18
Division 2--Application and transitional provisions
19
No. , 2019
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
1
A Bill for an Act to amend the law relating to
1
higher education, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Education Legislation Amendment (2019 Measures
5
No. 1) Act 2019
.
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
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
No. , 2019
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 this Act receives the Royal Assent.
2. Schedules 1
and 2
Immediately after the commencement of
Schedule 3 to the
Higher Education Support
Legislation Amendment (Student Loan
Sustainability) Act 2018
.
1 January 2020
3. Schedule 3,
Part 1
Immediately after the commencement of
Schedule 4 to the
Higher Education Support
Legislation Amendment (Student Loan
Sustainability) Act 2018
.
1 January 2019
4. Schedule 3,
Part 2
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation 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
Increased HELP loan limit for specified aviation courses
Schedule 1
Amendments
Part 1
No. , 2019
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
3
Schedule 1--Increased HELP loan limit for
1
specified aviation courses
2
Part 1--Amendments
3
Higher Education Support Act 2003
4
1 Section 128-20
5
Repeal the section, substitute:
6
128-20 HELP loan limit
7
(1) The
HELP loan limit
is:
8
(a) $106,319; or
9
(b) in relation to a person who is enrolled in a
*
course of study in
10
medicine, a
*
course of study in dentistry, a
*
course of study
11
in veterinary science or a
*
course of study in aviation, while
12
the person is enrolled in that course--$152,700.
13
Note:
The HELP loan limit is indexed under Part 5-6.
14
(2) A
course of study in aviation
is a
*
course of study specified in the
15
FEE-HELP Guidelines for the purposes of this subsection.
16
2 Subsection 238-10(1) (cell at table item 4, column headed
17
"Chapter/Part/section")
18
After "Part 3-3", insert "; section 128-20".
19
3 Subclause 1(1) of Schedule 1
20
Insert:
21
course of study in aviation
: see subsection 128-20(2).
22
Schedule 1
Increased HELP loan limit for specified aviation courses
Part 2
Application and transitional provisions
4
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
No. , 2019
Part 2--Application and transitional provisions
1
4 Application of amendments
2
The amendments of section 128-20 of the
Higher Education Support
3
Act 2003
made by this Schedule, so far as those amendments relate to a
4
course of study in aviation, apply in relation to a student who is enrolled
5
in such a course of study on or after the commencement of this item,
6
whether the student enrolled in the course before or after that
7
commencement.
8
5 Transitional
--indexation
9
Despite anything in subsection 198-10(1) of the
Higher Education
10
Support Act 2003
, the HELP loan limit is not to be indexed on
11
1 January 2020.
12
HELP debt arrangements for very remote HELP debtors
Schedule 2
Amendments
Part 1
No. , 2019
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
5
Schedule 2--HELP debt arrangements for
1
very remote HELP debtors
2
Part 1--Amendments
3
Higher Education Support Act 2003
4
1 At the end of section 128-25
5
Add:
6
(3) If, under section 142-15, the
*
Secretary determines, during a
7
financial year, that an amount is to be reduced from a person's
8
*
accumulated HELP debt, the Secretary must re-credit the person's
9
*
HELP balance with an amount equal to the amount reduced as
10
soon as practicable after the end of that financial year.
11
2 Section 129-1 (after paragra
ph beginning "Under Part 4-2")
12
Insert:
13
A very remote HELP debtor's accumulated debt, or the indexation
14
of that debt, may be reduced (see Division 142).
15
3 After section 134-1
16
Insert:
17
134-5 The Very Remote HELP Debtor Guidelines
18
Matters relating to
*
very remote HELP debtors are also dealt with
19
in the Very Remote HELP Debtor Guidelines. The provisions of
20
this Part indicate when a particular matter is or may be dealt with
21
in those Guidelines.
22
Note:
The Very Remote HELP Debtor Guidelines are made by the Minister
23
under section 238-10.
24
4 After paragraph 140-1(3)(c)
25
Insert:
26
; and (d) reductions of those debts under section 142-15.
27
Schedule 2
HELP debt arrangements for very remote HELP debtors
Part 1
Amendments
6
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
No. , 2019
5 Paragraph 140-5(1)(b)
1
After "factor", insert "for the person".
2
6 Subsection 140-10(1)
3
Omit all the words before the method statement, substitute:
4
(1) The
HELP debt indexation factor
for a person for 1 June in a
5
financial year is the number (rounded to 3 decimal places):
6
(a) if the
*
Secretary has determined, under section 142-10, that
7
the indexation of the person's
*
accumulated HELP debt for
8
the financial year is to be reduced--worked out using the
9
formula in subsection (1A); and
10
(b) in any other case--worked out as follows:
11
7 After subsection 140-10(1)
12
Insert:
13
(1A) For the purposes of paragraph (1)(a), the formula to work out the
14
*
HELP debt indexation factor for the person is:
15
A
1
1
365
B
365




ï€-







ï‚´
ï€-












16
where:
17
A
means the
*
HELP debt indexation factor for 1 June in the
18
financial year worked out using the method statement in
19
subsection (1).
20
B
means the number of days in the applicable calendar year
21
determined for the person by the
*
Secretary under
22
subsection 142-10(2).
23
8 Section 140-20
24
After "factor", insert "worked out using the method statement in
25
subsection 140-10(1)".
26
9 Subsection 140-25(1) (formula)
27
Repeal the formula, substitute:
28
HELP debt arrangements for very remote HELP debtors
Schedule 2
Amendments
Part 1
No. , 2019
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
7
Former accumulated
HELP debts
HELP debt
Very remote HELP
HELP debt
incurred
repayments
debtor reduction

ï€-
ï€-
1
2
10 Subsection 140-25(1)
3
Insert:
4
very remote HELP debtor reduction
means the amount by which
5
the person's
*
accumulated HELP debt is to be reduced as a result
6
of a determination made by the
*
Secretary in relation to the person
7
under section 142-15:
8
(a) on or after 1 June in the preceding financial year; and
9
(b) before 1 June in the financial year.
10
11 At the end of Part 4-1
11
Add:
12
Division 142--Special measures for very remote HELP
13
debtors
14
142-1 Meaning of
very remote HELP debtor
15
(1) A person is a
very remote HELP debtor
on a day if:
16
(a) the person carries out work as a teacher on that day at a
17
school located in an area that is classified as very remote
18
Australia under the
*
ABS Remoteness Structure; and
19
(b) the person has completed a
*
course of study in education; and
20
(c) the person incurred a
*
HECS-HELP debt or a
*
FEE-HELP
21
debt in relation to that course of study.
22
(2) For the purposes of paragraph (1)(a), a
school
is any of the
23
following:
24
(a) an early childhood education and care service that includes a
25
preschool education program;
26
(b) a preschool;
27
(c) a school providing primary or secondary education.
28
(3) For the purposes of this Division, the Very Remote HELP Debtor
29
Guidelines may set out:
30
Schedule 2
HELP debt arrangements for very remote HELP debtors
Part 1
Amendments
8
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
No. , 2019
(a) circumstances in which a person is taken, or is taken not, to
1
carry out work as a teacher on a day; or
2
(b) circumstances in which a person is taken, or is taken not, to
3
carry out such work at a school located in an area that is
4
classified as very remote Australia under the
*
ABS
5
Remoteness Structure; or
6
(c) circumstances in which a person is taken, or is taken not, to
7
be a
*
very remote HELP debtor for particular periods.
8
142-5 Meaning of
course of study in education
9
(1) Subject to subsection (2), a
course of study in education
means a
10
*
course of study, completion of which would satisfy the minimum
11
academic requirements for registration as a teacher by an authority
12
of a State or Territory.
13
(2) The Very Remote HELP Debtor Guidelines may specify
*
courses
14
of study that are, or are not,
*
courses of study in education.
15
142-10 Reducing indexation of accumulated HELP debts
16
(1) The
*
Secretary must, on the application of a person under
17
subsection (4), determine that the indexation of the person's
18
*
accumulated HELP debt for a financial year is to be reduced if:
19
(a) on 1 June of the financial year in which the application is
20
made, the person has an
*
accumulated HELP debt; and
21
(b) the Secretary is satisfied that the person:
22
(i) was a
*
very remote HELP debtor at any time during the
23
calendar year (the
applicable calendar year
) ending on
24
31 December in the financial year; and
25
(ii) has met such other requirements (if any) as are specified
26
in the Very Remote HELP Debtor Guidelines for the
27
purposes of this subparagraph.
28
(2) If the
*
Secretary determines that the indexation of the person's
29
*
accumulated HELP debt for a financial year is to be reduced, the
30
Secretary must determine the number of days in the applicable
31
calendar year in respect of which the person was a
*
very remote
32
HELP debtor.
33
HELP debt arrangements for very remote HELP debtors
Schedule 2
Amendments
Part 1
No. , 2019
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
9
(3) The
*
Secretary must, within 28 days after the day the Secretary
1
receives the application under subsection (4), give notice to the
2
person of the Secretary's decision on that application. The notice
3
must:
4
(a) be in writing; and
5
(b) if the Secretary determines that the indexation of the person's
6
accumulated HELP debt for a financial year is to be
7
reduced--state the number of days determined by the
8
Secretary under subsection (2).
9
Note:
The Secretary is taken to have made a decision to reject the
10
application if the Secretary does not notify the person of the decision
11
within 28 days: see section 206-5.
12
(4) A person may apply to the
*
Secretary for a determination under
13
subsection (1) that the indexation of the person's
*
accumulated
14
HELP debt for a financial year be reduced. The application must:
15
(a) be in writing; and
16
(b) be in the form (if any) approved by the Secretary and
17
accompanied by the information (if any) required by the
18
Secretary; and
19
(c) include the person's
*
tax file number; and
20
(d) meet any requirements specified by the Very Remote HELP
21
Debtor Guidelines for the purposes of this paragraph.
22
142-15 Reducing accumulated HELP debts
23
(1) The
*
Secretary must, on the application of a person under
24
subsection (5), determine that the person's
*
accumulated HELP
25
debt is to be reduced in relation to a
*
course of study in education
26
by a specified amount if:
27
(a) the Secretary is satisfied that the person:
28
(i) has been a
*
very remote HELP debtor for a period of 4
29
years, or for periods within a continuous 6 year period
30
that total 4 years; and
31
(ii) has met such other requirements (if any) as are specified
32
in those Guidelines for the purposes of this
33
subparagraph; and
34
(b) the Secretary has not previously determined under this
35
section that the person's accumulated HELP debt is to be
36
reduced in relation to a course of study in education.
37
Schedule 2
HELP debt arrangements for very remote HELP debtors
Part 1
Amendments
10
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
No. , 2019
(2) If the
*
Secretary determines that a person's
*
accumulated HELP
1
debt is to be reduced, the amount by which that debt is reduced is
2
the amount equal to the lesser of the following:
3
(a) the sum of the amounts of
*
HECS-HELP debt and
4
*
FEE-HELP debt incurred by the person in respect of units of
5
study:
6
(i) with a total
*
EFTSL value of not more than 5.0
7
*
EFTSL; and
8
(ii) undertaken as part of the
*
course of study in education
9
mentioned in subsection (1);
10
(b) the amount of the person's accumulated HELP debt at the
11
start of the period of 4 years, or at the start of the first period
12
of the periods totalling 4 years, referred to in
13
subparagraph (1)(a)(i).
14
(3) To avoid doubt, subsection (2) may have the effect of reducing a
15
person's
*
accumulated HELP debt for a financial year to less than
16
zero.
17
(4) The
*
Secretary must, within 28 days after the day the Secretary
18
receives an application under subsection (5), notify the person of
19
the Secretary's decision on that application. The notice must:
20
(a) be in writing; and
21
(b) if the Secretary has determined that the person's
22
*
accumulated HELP debt is to be reduced--state the amount
23
by which that debt is to be reduced.
24
Note:
The Secretary is taken to have made a decision to reject the
25
application if the Secretary does not notify the person of the decision
26
within 28 days: see section 206-5.
27
(5) A person may apply to the
*
Secretary for a determination under
28
subsection (1) that the person's
*
accumulated HELP debt be
29
reduced. The application must:
30
(a) be in writing; and
31
(b) be in the form (if any) approved by the Secretary and
32
accompanied by the information (if any) required by the
33
Secretary; and
34
(c) include the person's
*
tax file number; and
35
(d) meet any requirements specified by the Very Remote HELP
36
Debtor Guidelines for the purposes of this paragraph.
37
HELP debt arrangements for very remote HELP debtors
Schedule 2
Amendments
Part 1
No. , 2019
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
11
142-20 Refunding amounts
1
If:
2
(a) the
*
Secretary has determined, for the purposes of
3
section 142-15, that a person's
*
accumulated HELP debt is to
4
be reduced by an amount; and
5
(b) the amount exceeds the sum of:
6
(i) the amount required to discharge the total debt that the
7
person owed to the Commonwealth under this Chapter;
8
and
9
(ii) the total amount of the person's primary tax debts
10
(within the meaning of Part IIB of the
Taxation
11
Administration Act 1953
);
12
the Commonwealth must refund to the person an amount equal to
13
that excess.
14
12 Section 206-1 (after table item 2A)
15
Insert:
16
17
2AA
A decision that the
indexation of a
person's
*
accumulated
HELP debt is not to be
reduced, or is to be
reduced in respect of a
particular number of
days
section 142-10
the
*
Secretary
2AB
A decision that a
person's accumulated
HELP debt is not to be
reduced, or is to be
reduced by a particular
amount
section 142-15
the
*
Secretary
18
13 Subsection 238-10(1) (after table item 8)
19
Insert:
20
21
8AA
Very Remote HELP Debtor Guidelines
Part 4-1
22
Schedule 2
HELP debt arrangements for very remote HELP debtors
Part 1
Amendments
12
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
No. , 2019
14 Subclause 1(1) of Schedule 1
1
Insert:
2
ABS Remoteness Structure
means the Remoteness Structure
3
described in:
4
(a) the document titled "Australian Statistical Geography
5
Standard (ASGS): Volume 5--Remoteness Structure, July
6
2016", published by the Australian Statistician, as amended
7
from time to time; or
8
(b) the most recent replacement of the document referred to in
9
paragraph (a) that is published by the Australian Statistician,
10
as amended from time to time.
11
Note:
The Australian Statistical Geography Standard (ASGS): Volume 5--
12
Remoteness Structure, July 2016 could in 2019 be viewed on the
13
Australian Bureau of Statistics website (https://www.abs.gov.au).
14
course of study in education
: see section 142-5.
15
very remote HELP debtor
: see section 142-1.
16
HELP debt arrangements for very remote HELP debtors
Schedule 2
Application and transitional provisions
Part 2
No. , 2019
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
13
Part 2--Application and transitional provisions
1
15 Application of amendments
2
(1)
The amendments of sections 140-5 and 140-10 of the
Higher Education
3
Support Act 2003
made by this Schedule apply in relation to the
4
2019-2020 financial year and each later financial year.
5
(2)
Despite subsection 142-10(2) of the
Higher Education Support Act
6
2003
, as inserted by this Schedule, a day that occurs before 14 February
7
2019 must not be counted for the purposes of that subsection.
8
(3)
Section 142-15 of the
Higher Education Support Act 2003
, as inserted
9
by this Schedule, applies in relation to a course of study whether
10
completed before or after 1 January 2020.
11
(4)
Despite subparagraph 142-15(1)(a)(i) of the
Higher Education Support
12
Act 2003
, as inserted by this Schedule, the Secretary must not determine
13
that a person was a very remote HELP debtor in respect of a period if
14
any part of the period occurs before 1 January 2019.
15
Schedule 3
Other amendments
Part 1
Amendments commencing 1 January 2019
14
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
No. , 2019
Schedule 3--Other amendments
1
Part 1--Amendments commencing 1 January 2019
2
Higher Education Support Legislation Amendment (Student
3
Loan Sustainability) Act 2018
4
1 Item 2 of Schedule 4
5
Omit "a loan made", substitute "a unit of study if the census date for the
6
unit is".
7
Other amendments
Schedule 3
Amendments commencing on Royal Assent
Part 2
No. , 2019
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
15
Part 2--Amendments commencing on Royal Assent
1
Division 1
--Amendments
2
Higher Education Support Act 2003
3
2 Subsection 16-15(1) (table)
4
Omit "Curtin University of Technology", substitute "Curtin
5
University".
6
3 Subsection 16-15(1) (table)
7
Insert "Flinders University".
8
4 Subsection 16-15(1) (table)
9
Omit "The Flinders University of South Australia".
10
5 Subsection 16-15(1) (table)
11
Omit "Technology, Sydney", substitute "Technology Sydney".
12
6 Subsection 16-20(1) (table)
13
Omit "MCD University", substitute "University".
14
7 At the end of section 179-1
15
Add "unless an exception applies".
16
8 Section 179-10 (after the heading)
17
Insert:
18
Offence
19
9 Section 179-10
20
Before "An", insert "(1)".
21
10 At the end of section 179-10
22
Add:
23
Schedule 3
Other amendments
Part 2
Amendments commencing on Royal Assent
16
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
No. , 2019
Exception--consent
1
(2) Subsection (1) does not apply if the person to whom the
*
personal
2
information relates has consented to the disclosure, or the making
3
of the copy or record.
4
Note:
A defendant bears an evidential burden in relation to the matter in this
5
subsection: see subsection 13.3(3) of the
Criminal Code
.
6
Exception--authorised or required by a Commonwealth law
7
(3) Subsection (1) does not apply if the disclosure, or the making of
8
the copy or record, is authorised or required by a law of the
9
Commonwealth.
10
Note:
A defendant bears an evidential burden in relation to the matter in this
11
subsection: see subsection 13.3(3) of the
Criminal Code
.
12
Exception--authorised or required by certain State or Territory
13
laws
14
(4) Subsection (1) does not apply if the disclosure, or the making of
15
the copy or record, is authorised or required by a law of a State or
16
Territory:
17
(a) that relates to the administration, regulation or funding of
18
education; or
19
(b) that is specified in the Administration Guidelines for the
20
purposes of this paragraph.
21
Note:
A defendant bears an evidential burden in relation to the matter in this
22
subsection: see subsection 13.3(3) of the
Criminal Code
.
23
11 Paragraph 179-15(4)(a)
24
After "this Act", insert "or the
VET Student Loans Act 2016
".
25
12 After section 180-20
26
Insert:
27
180-23 Disclosure of information to certain agencies
28
(1) The
*
Secretary may disclose
*
Higher Education Support Act
29
information to a person who is employed or engaged by an agency
30
covered by subsection (2) for the purposes of exercising powers, or
31
performing functions or duties, of the agency.
32
Other amendments
Schedule 3
Amendments commencing on Royal Assent
Part 2
No. , 2019
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
17
(2) An agency is covered by this subsection if the agency is
1
administered by a Minister who administers any of the following:
2
(a) the
Human Services (Centrelink) Act 1997
;
3
(b) the
Social Security Act 1991
;
4
(c) the
Student Assistance Act 1973
;
5
(d) a law of the Commonwealth prescribed by the
6
Administration Guidelines for the purposes of this paragraph.
7
(3) If
*
Higher Education Support Act information is disclosed to an
8
agency under subsection (1), the agency may use the information
9
for the purposes of exercising powers, or performing functions or
10
duties, of the agency.
11
13 At the end of clause 71 of Schedule 1A
12
Add "unless an exception applies".
13
14 Clause 73 of Schedule 1A (after the heading)
14
Insert:
15
Offence
16
15 Clause 73 of Schedule 1A
17
Before "A", insert "(1)".
18
16 At the end of clause 73 of Schedule 1A
19
Add:
20
Exception--consent
21
(2) Subclause (1) does not apply if the person to whom the
*
VET
22
personal information relates has consented to the disclosure, or the
23
making of the copy or record.
24
Note:
A defendant bears an evidential burden in relation to the matter in this
25
subclause: see subsection 13.3(3) of the
Criminal Code
.
26
Exception--authorised or required by a Commonwealth law
27
(3) Subclause (1) does not apply if the disclosure, or the making of the
28
copy or record, is authorised or required by a law of the
29
Commonwealth.
30
Schedule 3
Other amendments
Part 2
Amendments commencing on Royal Assent
18
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
No. , 2019
Note:
A defendant bears an evidential burden in relation to the matter in this
1
subclause: see subsection 13.3(3) of the
Criminal Code
.
2
Exception--authorised or required by certain State or Territory
3
laws
4
(4) Subclause (1) does not apply if the disclosure, or the making of the
5
copy or record, is authorised or required by a law of a State or
6
Territory:
7
(a) that relates to the administration, regulation or funding of
8
vocational education or training; or
9
(b) that is specified in the
*
VET Guidelines for the purposes of
10
this paragraph.
11
Note:
A defendant bears an evidential burden in relation to the matter in this
12
subclause: see subsection 13.3(3) of the
Criminal Code
.
13
17 Subclause 1(1) of Schedule 1 (definition of
Australian
14
Qualifications Framework Register
)
15
Repeal the definition.
16
18 Subclause 1(1) of Schedule 1 (paragraph (c) of the
17
definition of
higher education award
)
18
Repeal the paragraph, substitute:
19
(c) any other award offered or conferred by a higher education
20
provider under the
*
Australian Qualifications Framework,
21
except an award offered or conferred for completing a
*
VET
22
course of study.
23
VET Student Loans Act 2016
24
19 At the end of subsection 93(2)
25
Add:
26
; (f) an agency that is administered by a Minister who administers
27
any of the following:
28
(i) the
Human Services (Centrelink) Act 1997
;
29
(ii) the
Social Security Act 1991
;
30
(iii) the
Student Assistance Act 1973
;
31
(iv) a law of the Commonwealth prescribed by the rules for
32
the purposes of this paragraph.
33
Other amendments
Schedule 3
Amendments commencing on Royal Assent
Part 2
No. , 2019
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
19
20 At the end of section 93
1
Add:
2
(3) If VET information is disclosed to an agency, body or person under
3
subsection (1), the agency, body or person may use the information
4
for the purposes of exercising powers, or performing functions or
5
duties, of the agency, body or person.
6
21 At the end of section 99
7
Add:
8
(3) Subsection (1) does not apply if the person to whom the personal
9
information relates has consented to the use or disclosure.
10
Note:
A defendant bears an evidential burden in relation to the matter in
11
subsection (3) (see subsection 13.3(3) of the
Criminal Code
).
12
22 After subsection 100(2)
13
Insert:
14
(2A) Subsection (1) does not apply if the person to whom the personal
15
information relates has consented to the use.
16
Note:
A defendant bears an evidential burden in relation to the matter in
17
subsection (2A) (see subsection 13.3(3) of the
Criminal Code
).
18
23 At the end of section 100
19
Add:
20
(5) Subsection (3) does not apply if the person to whom the personal
21
information relates has consented to the disclosure.
22
Note:
A defendant bears an evidential burden in relation to the matter in
23
subsection (5) (see subsection 13.3(3) of the
Criminal Code
).
24
Division 2
--Application and transitional provisions
25
24 Application of amendments
26
(1)
The amendments of Divisions 179 and 180 of Part 5-4 of the
Higher
27
Education Support Act 2003
, and Division 14 of Part 3 of Schedule 1A
28
to that Act, made by this Part, apply in relation to the disclosure, or the
29
making of a copy or record, of information after the commencement of
30
Schedule 3
Other amendments
Part 2
Amendments commencing on Royal Assent
20
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
No. , 2019
this item, whether the information was obtained or created before or
1
after that commencement.
2
(2)
The amendments of the
VET Student Loans Act 2016
made by this Part
3
apply in relation to the use or disclosure of information after the
4
commencement of this item, whether the information was obtained or
5
created before or after that commencement.
6