Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Legislation Amendment (2021
Measures No. 2) Bill 2021
No. , 2021
(Education, Skills and Employment)
A Bill for an Act to amend the law relating to
education, and for related purposes
No. , 2021
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Higher education support amendments
3
Part 1--Student eligibility for Commonwealth assistance
3
Higher Education Support Act 2003
3
Part 2--HECS-HELP re-crediting and repayment provisions
5
Higher Education Support Act 2003
5
Part 3--Other grants
8
Higher Education Support Act 2003
8
Part 4--Grants for Commonwealth scholarships
11
Higher Education Support Act 2003
11
Part 5--Other amendments
13
Higher Education Support Act 2003
13
Schedule 2--Education services for overseas students
amendments
16
Education Services for Overseas Students Act 2000
16
No. , 2021
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
1
A Bill for an Act to amend the law relating to
1
education, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Education Legislation Amendment (2021 Measures
5
No. 2) Act 2021
.
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 (2021 Measures No. 2) Bill 2021
No. , 2021
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. Schedule 1,
Part 1
1 January 2022.
1 January 2022
3. Schedule 1,
Parts 2 to 5
The day after this Act receives the Royal
Assent.
4. Schedule 2
The day after 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
Higher education support amendments
Schedule 1
Student eligibility for Commonwealth assistance
Part 1
No. , 2021
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
3
Schedule 1--Higher education support
1
amendments
2
Part 1--Student eligibility for Commonwealth
3
assistance
4
Higher Education Support Act 2003
5
1 Paragraphs 90-5(1)(b) and 104-5(1)(b)
6
After "
*
permanent humanitarian visa holder", insert ", or an
*
eligible
7
former permanent humanitarian visa holder,".
8
2 Paragraph 118-5(1)(b)
9
After "
*
permanent humanitarian visa holder", insert "or an
*
eligible
10
former permanent humanitarian visa holder".
11
3 Paragraph 126-5(1)(b)
12
After "
*
permanent humanitarian visa holder", insert ", or an
*
eligible
13
former permanent humanitarian visa holder, who is".
14
4 Subclause 1(1) of Schedule 1
15
Insert:
16
eligible former permanent humanitarian visa holder
means a
17
person who:
18
(a) is not a
*
permanent humanitarian visa holder; and
19
(b) was previously a permanent humanitarian visa holder; and
20
(c) is the holder of a visa in a class or subclass of visas specified
21
in a determination under subclause (1A).
22
5 After subclause 1(1) of Schedule 1
23
Insert:
24
(1A) The Minister may, for the purposes of paragraph (c) of the
25
definition of
eligible former permanent humanitarian visa holder
26
in subclause (1), make a determination in writing specifying a class
27
Schedule 1
Higher education support amendments
Part 1
Student eligibility for Commonwealth assistance
4
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
or subclass of visas provided for by the
Migration Act 1958
or
1
regulations made under that Act.
2
(1B) A determination under subclause (1A) is a legislative instrument.
3
6 Application provisions
4
(1)
The amendments of sections 90-5 and 104-5 of the
Higher Education
5
Support Act 2003
made by this Part apply in relation to determining
6
entitlement to HECS-HELP assistance, or FEE-HELP assistance, for
7
units of study with a census date on or after 1 January 2022.
8
(2)
The amendment of section 118-5 of the
Higher Education Support Act
9
2003
made by this Part applies in relation to applications for receipt of
10
OS-HELP assistance made on or after 1 January 2022.
11
(3)
The amendment of section 126-5 of the
Higher Education Support Act
12
2003
made by this Part applies in relation to requests for
13
Commonwealth assistance in relation to a student services and
14
amenities fee made on or after 1 January 2022.
15
Higher education support amendments
Schedule 1
HECS-HELP re-crediting and repayment provisions
Part 2
No. , 2021
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
5
Part 2--HECS-HELP re-crediting and repayment
1
provisions
2
Higher Education Support Act 2003
3
7 Before section 36-24C
4
Insert:
5
36-24BB Providers to repay amounts--provider completes request
6
for assistance
7
(1) This section applies to a person if the person's
*
HELP balance is
8
re-credited with an amount relating to
*
HECS-HELP assistance for
9
a unit of study under section 97-45.
10
Note:
The person's HECS-HELP debt relating to the unit is taken to be
11
remitted if the person's HELP balance is re-credited in relation to the
12
unit under section 97-45: see section 137-5.
13
(2) The higher education provider must:
14
(a) pay to the person an amount equal to the payment, or the sum
15
of the payments, that the person made in relation to the
16
person's
*
student contribution amount for the unit; and
17
(b) pay to the Commonwealth an amount equal to any
18
*
HECS-HELP assistance to which the person was entitled for
19
the unit.
20
(3) Subsection (2) does not apply to the provider if:
21
(a) the person enrolled in the unit as a
*
replacement unit; or
22
(b) it is determined that section 36-24A applies to the person in
23
relation to the unit.
24
(4) The Higher Education Provider Guidelines may, in setting out the
25
*
tuition protection requirements, specify, in relation to
26
circumstances to which paragraph (3)(a) applies:
27
(a) the amount (if any) that is to be paid to the person; and
28
(b) the amount (if any) that is to be paid to the Commonwealth;
29
and
30
(c) the person (if any) who is to pay the amounts.
31
Schedule 1
Higher education support amendments
Part 2
HECS-HELP re-crediting and repayment provisions
6
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
36-24BC Providers to repay amounts--person not entitled to
1
assistance
2
(1) This section applies to a person if the person's
*
HELP balance is
3
re-credited with an amount relating to
*
HECS-HELP assistance for
4
a unit of study under section 97-50.
5
Note:
The person's HECS-HELP debt relating to the unit is taken to be
6
remitted if the person's HELP balance is re-credited in relation to the
7
unit under section 97-50: see section 137-5.
8
(2) The higher education provider must:
9
(a) pay to the person an amount equal to the payment, or the sum
10
of the payments, that the person made in relation to the
11
person's
*
student contribution amount for the unit; and
12
(b) pay to the Commonwealth an amount equal to any
13
*
HECS-HELP assistance to which the person was entitled for
14
the unit.
15
(3) Subsection (2) does not apply to the provider if:
16
(a) the person enrolled in the unit as a
*
replacement unit; or
17
(b) it is determined that section 36-24A applies to the person in
18
relation to the unit.
19
(4) The Higher Education Provider Guidelines may, in setting out the
20
*
tuition protection requirements, specify, in relation to
21
circumstances to which paragraph (3)(a) applies:
22
(a) the amount (if any) that is to be paid to the person; and
23
(b) the amount (if any) that is to be paid to the Commonwealth;
24
and
25
(c) the person (if any) who is to pay the amounts.
26
8 Section 96-5
27
Repeal the section.
28
9 Subsection 137-5(4)
29
Omit "or 36-24B", substitute ", 36-24B, 36-24BB or 36-24BC".
30
10 Subsection 137-5(4)
31
After "36-20(3)", insert ", 36-24BB(3) or 36-24BC(3)".
32
Higher education support amendments
Schedule 1
HECS-HELP re-crediting and repayment provisions
Part 2
No. , 2021
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
7
11 Subsection 238-10(1) (table item 6)
1
Omit "section 96-5;".
2
12 Application provisions
3
(1)
Subject to this item, the amendments of the
Higher Education Support
4
Act 2003
made by this Part apply in relation to units of study with a
5
census date on or after 1 January 2021.
6
(2)
Subitem (3) applies if, before the commencement of this item:
7
(a) a person's HELP balance was re-credited with an amount
8
relating to HECS-HELP assistance for a unit of study under
9
section 97-45 or 97-50 of the
Higher Education Support Act
10
2003
; and
11
(b) the higher education provider paid to the Commonwealth an
12
amount equal to any HECS-HELP assistance to which the
13
person was entitled for the unit, in accordance with
14
section 96-5 of that Act.
15
(3)
Paragraphs 36-24BB(2)(b) and 36-24BC(2)(b) of the
Higher Education
16
Support Act 2003
, as inserted by this Part, do not apply to the provider
17
in relation to the person and the unit.
18
Schedule 1
Higher education support amendments
Part 3
Other grants
8
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
Part 3--Other grants
1
Higher Education Support Act 2003
2
13 Section 41-25
3
Repeal the section, substitute:
4
41-25 Conditions on grants
5
(1) A grant is made on the following conditions:
6
(a) if the grant is made under a program and the Other Grants
7
Guidelines specify conditions that apply to a grant under that
8
program--on the conditions provided for in the guidelines;
9
(b) if the body receiving the grant is a higher education
10
provider--on the condition that the body must meet the
11
*
quality and accountability requirements;
12
(c) on such other conditions (if any) as the Minister determines
13
in relation to the grant under subsection (2).
14
(2) The Minister may, in writing, determine conditions in relation to a
15
grant for the purposes of paragraph (1)(c).
16
(3) A determination under subsection (2) is not a legislative
17
instrument.
18
14 Subsection 41-40(1)
19
Repeal the subsection, substitute:
20
(1) If a body to which a grant (the
original grant
)
under this Part has
21
been made in respect of a year fails to spend an amount (the
22
unspent amount
) of the grant before the end of the year, then:
23
(a) unless paragraph (b) applies--the unspent amount is taken to
24
be granted to the body under this Part in respect of the next
25
following year; or
26
(b) if the
*
Secretary specifies an amount (not greater than the
27
unspent amount) in relation to the body and the original grant
28
in a determination under subsection (1A)--the specified
29
amount is taken to be granted to the body under this Part in
30
respect of the next following year.
31
Higher education support amendments
Schedule 1
Other grants
Part 3
No. , 2021
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
9
(1A) The
*
Secretary may, in writing, make a determination for the
1
purposes of paragraph (1)(b) specifying an amount in relation to a
2
body and a grant.
3
15 Subsection 41-40(2)
4
After "The amount", insert "taken to be granted under subsection (1)".
5
16 Subsection 41-40(3)
6
After "The grant", insert "taken to be made under subsection (1)".
7
17 At the end of section 41-40
8
Add:
9
(4) Subsection (1) does not apply to a body in relation to a grant if the
10
*
Secretary specifies the body in relation to the grant in a
11
determination under subsection (5).
12
(5) The
*
Secretary may, in writing, make a determination for the
13
purposes of subsection (4) specifying a body in relation to a grant.
14
(6) A determination under subsection (1A) or (5) is not a legislative
15
instrument.
16
18 Section 41-50
17
Repeal the section.
18
19 Application and transitional provisions
19
(1)
Subject to this item, the amendments made by this Part apply in relation
20
to grants made under Part 2-3 of the
Higher Education Support Act
21
2003
on or after the time (the
commencement time
) when this item
22
commences.
23
(2)
Subitem (3) applies to a grant made on conditions if:
24
(a) the grant was made under Part 2-3 of the
Higher Education
25
Support Act 2003
before the commencement time; and
26
(b) if the grant had been made on or after the commencement
27
time, the conditions would or could have been imposed under
28
section 41-25 of the
Higher Education Support Act 2003
as
29
amended by this Part.
30
Schedule 1
Higher education support amendments
Part 3
Other grants
10
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
(3)
On and after the commencement time, treat the conditions on the grant
1
as conditions imposed under section 41-25 of the
Higher Education
2
Support Act 2003
as amended by this Part.
3
Higher education support amendments
Schedule 1
Grants for Commonwealth scholarships
Part 4
No. , 2021
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
11
Part 4--Grants for Commonwealth scholarships
1
Higher Education Support Act 2003
2
20 Subsection 46-35(1)
3
Repeal the subsection, substitute:
4
(1) If a higher education provider to which a grant (the
original grant
)
5
under this Part has been made in respect of a year fails to spend an
6
amount (the
unspent amount
) of the grant before the end of the
7
year, then:
8
(a) unless paragraph (b) applies--the unspent amount is taken to
9
be granted to the provider under this Part in respect of the
10
next following year; or
11
(b) if the
*
Secretary specifies an amount (not greater than the
12
unspent amount) in relation to the provider and the original
13
grant in a determination under subsection (1A)--the
14
specified amount is taken to be granted to the provider under
15
this Part in respect of the next following year.
16
(1A) The
*
Secretary may, in writing, make a determination for the
17
purposes of paragraph (1)(b) specifying an amount in relation to a
18
higher education provider and a grant.
19
21 Subsection 46-35(2)
20
After "The amount", insert "taken to be granted under subsection (1)".
21
22 At the end of section 46-35
22
Add:
23
(3) Subsection (1) does not apply to a higher education provider in
24
relation to a grant if the
*
Secretary specifies the provider in relation
25
to the grant in a determination under subsection (4).
26
(4) The
*
Secretary may, in writing, make a determination for the
27
purposes of subsection (3) specifying a higher education provider
28
in relation to a grant.
29
Schedule 1
Higher education support amendments
Part 4
Grants for Commonwealth scholarships
12
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
(5) A determination under subsection (1A) or (4) is not a legislative
1
instrument.
2
23 Application provision
3
The amendments made by this Part apply in relation to grants made
4
under Part 2-4 of the
Higher Education Support Act 2003
on or after the
5
commencement of this item.
6
Higher education support amendments
Schedule 1
Other amendments
Part 5
No. , 2021
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
13
Part 5--Other amendments
1
Higher Education Support Act 2003
2
24 Subsections 19-36B(2) and 19-36C(2)
3
Omit "
*
FEE-HELP assistance", substitute "assistance payable under
4
Chapter 3".
5
25 Section 30-15 (table item 3)
6
Omit "Foreign Languages", substitute "Indigenous and Foreign
7
Languages".
8
26 Subsection 33-10(1) (table item 3)
9
Omit "Foreign Languages", substitute "Indigenous and Foreign
10
Languages".
11
27 Section 93-10 (table item 3)
12
Omit "Foreign Languages" (wherever occurring), substitute
13
"Indigenous and Foreign Languages".
14
28 Subclause 1(1) of Schedule 1 (paragraph (c) of the
15
definition of
grandfathered student
)
16
Repeal the paragraph, substitute:
17
(c) the person undertakes a unit of study (the
later unit of study
)
18
that has a
*
census date on or after 1 January 2021; and
19
(d) the later unit of study is one of the following:
20
(i) part of the ongoing course, honours course, later course
21
or higher qualification course (as the case may be);
22
(ii) a
*
replacement unit in relation to an
*
affected unit of
23
that course;
24
(iii) part of a
*
replacement course in relation to that course.
25
29 Subclause 1(1) of Schedule 1 (note to the definition of
26
grandfathered student
)
27
Omit "Note", substitute "Note 1".
28
Schedule 1
Higher education support amendments
Part 5
Other amendments
14
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
30 Subclause 1(1) of Schedule 1 (at the end of the definition
1
of
grandfathered student
)
2
Add:
3
Note 2:
For the effect of a restructure of an ongoing course (or of a
4
replacement course in relation to an ongoing course), see
5
subclause (1C).
6
31 Before subclause 1(2) of Schedule 1
7
Insert:
8
(1C) For the purposes of the definition of
grandfathered student
in
9
subclause (1), if a
*
course of study covered by subclause (1D) is or
10
was restructured by the provider on or after 1 January 2021, treat
11
the course of study as continuing in existence as the same course of
12
study after the restructure.
13
(1D) This subclause covers a
*
course of study that is:
14
(a) an ongoing course (within the meaning of paragraph (a) of
15
the definition of
grandfathered student
in subclause (1)); or
16
(b) a
*
replacement course in relation to such an ongoing course.
17
32 Application provisions
18
(1)
The amendment of section 19-36B of the
Higher Education Support Act
19
2003
made by this Part applies in relation to cold-calls made on or after
20
the commencement of this item.
21
(2)
The amendment of section 19-36C of the
Higher Education Support Act
22
2003
made by this Part applies in relation to a contact with a student (as
23
referred to in paragraph 19-36C(1)(b) of that Act) that occurs on or after
24
the commencement of this item.
25
(3)
The amendments of sections 30-15 and 33-10 of the
Higher Education
26
Support Act 2003
made by this Part apply in relation to the following:
27
(a) funding agreements entered into under Part 2-2 of that Act in
28
respect of 2021 and later calendar years;
29
(b) grants payable under Part 2-2 of that Act for 2021 and later
30
calendar years.
31
Higher education support amendments
Schedule 1
Other amendments
Part 5
No. , 2021
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
15
(4)
The amendment of section 93-10 of the
Higher Education Support Act
1
2003
made by this Part applies in relation to units of study with a
2
census date on or after 1 January 2021.
3
(5)
The amendments of Schedule 1 to the
Higher Education Support Act
4
2003
made by this Part apply in relation to the following:
5
(a) funding agreements entered into under Part 2-2 of that Act in
6
respect of 2021 and later calendar years;
7
(b) grants payable under Part 2-2 of that Act for 2021 and later
8
calendar years;
9
(c) units of study with a census date on or after 1 January 2021.
10
Schedule 2
Education services for overseas students amendments
16
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
Schedule 2--Education services for overseas
1
students amendments
2
3
Education Services for Overseas Students Act 2000
4
1 At the end of Division 1 of Part 1
5
Add:
6
7AB Application to former registered providers
7
(1) This Act continues to apply in relation to a person or entity that
8
was a registered provider as if the person or entity were still a
9
registered provider.
10
(2) Subsection (1) applies:
11
(a) for the purposes of dealing with or resolving any matter that
12
arose during, or that relates to, the period when the person or
13
entity was a registered provider; and
14
(b) without limiting paragraph (a)--for the purposes of dealing
15
with or resolving any matter that relates to:
16
(i) tuition fees or other money received by the person or
17
entity, or money owed by the person or entity, in
18
accordance with this Act (whether or not the money is
19
received, or the debt arises, while the person or entity is
20
a registered provider); or
21
(ii) a default (whether or not the default occurs while the
22
person or entity is a registered provider).
23
2 Subsections 8(1) and (2)
24
Repeal the subsections, substitute:
25
(1) A person commits an offence if:
26
(a) the person:
27
(i) provides a course at a location to an overseas student; or
28
(ii) makes an offer to an overseas student or an intending
29
overseas student to provide a course at a location to that
30
student; or
31
Education services for overseas students amendments
Schedule 2
No. , 2021
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
17
(iii) invites an overseas student or intending overseas student
1
to undertake, or to apply to undertake, a course at a
2
location; or
3
(iv) holds himself, herself or itself out as able or willing to
4
provide a course at a location to overseas students; and
5
(b) the person is not registered to provide that particular course
6
at that particular location.
7
Penalty: Imprisonment for 2 years.
8
(2) Subsection (1) does not apply if the provision, offer, inviting or
9
holding out is in accordance with an arrangement that the person
10
has with a registered provider for that particular course for that
11
particular location.
12
Note 1:
This means that, if 2 or more providers jointly provide a course, then
13
only one of the providers needs to be registered.
14
Note 2:
However, a provider of a course who is not registered must identify
15
the registered provider in any written material promoting the course
16
(see section 107) and must not engage in misleading or deceptive
17
conduct in relation to the course (see subsection 83(2)).
18
Note 3:
A defendant bears an evidential burden in relation to the matter in this
19
subsection (see subsection 13.3(3) of the
Criminal Code
).
20
3 Subsection 8(3)
21
Omit "A person does not commit an offence under paragraph (1)(d)",
22
substitute "Subsection (1) does not apply as a result of
23
subparagraph (1)(a)(iv)".
24
4 Section 20
25
Repeal the section.
26
5 Subsection 28(1) (note)
27
Omit "Note", substitute "Note 1".
28
6 At the end of subsection 28(1)
29
Add:
30
Note 2:
The obligation to maintain an account under this section may continue
31
to apply to a person or entity that ceases to be a registered provider
32
until matters relating to tuition fees paid into the account in
33
Schedule 2
Education services for overseas students amendments
18
Education Legislation Amendment (2021 Measures No. 2) Bill 2021
No. , 2021
accordance with section 29 have been dealt with or resolved (see
1
section 7AB).
2
7 Subsections 46B(7), 46D(8), 46F(6), 47D(6), 47E(5) and
3
47H(6)
4
Repeal the subsections.
5
8 Paragraphs 48(2)(a) and 49(1)(a)
6
Omit "(or former registered provider)".
7
9 Subsection 50C(2) (note)
8
Repeal the note.
9
10 After subsection 50C(2)
10
Insert:
11
(2A) If the provider is required to maintain an account in accordance
12
with section 28, the payment of that amount must be made out of
13
the account to the extent that there is a sufficient amount standing
14
to the credit of the account.
15
(2B) To avoid doubt, subsection (2A) is subject to subsections 29(4) and
16
(5).
17
11 Subsection 50C(5)
18
Repeal the subsection.
19
12 Paragraph 108(c)
20
Repeal the paragraph.
21