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.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Legislation Amendment
(Provider Integrity and Other Measures)
Bill 2017
No. , 2017
(Education and Training)
A Bill for an Act to amend the law relating to
higher education and education services for
overseas students, and for related purposes
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments relating to education services for
overseas students
3
Part 1--Amendments
3
Education Services for Overseas Students Act 2000
3
Part 2--Application provisions
8
Schedule 2--Amendments relating to the Tertiary Education
Quality and Standards Agency
9
Part 1--Amendments
9
Tertiary Education Quality and Standards Agency Act 2011
9
Part 2--Application provisions
12
Schedule 3--Amendment of the Higher Education Support Act
2003
13
Part 1--Amendments
13
Higher Education Support Act 2003
13
Part 2--Application provisions
33
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
1
A Bill for an Act to amend the law relating to
1
higher education and education services for
2
overseas students, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Education Legislation Amendment (Provider
6
Integrity and Other Measures) Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments relating to education services for overseas students Schedule 1
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
3
Schedule 1--Amendments relating to
1
education services for overseas
2
students
3
Part 1--Amendments
4
Education Services for Overseas Students Act 2000
5
1 After paragraph 7A(2)(g)
6
Insert:
7
(ga) the matters (if any) specified by the Minister in an instrument
8
under subsection (2A); and
9
2 After subsection 7A(2)
10
Insert:
11
(2A) The Minister may, by legislative instrument, make a determination
12
specifying matters for the purposes of paragraph (2)(ga).
13
3 At the end of section 7A
14
Add:
15
(5) If:
16
(a) the Minister determines that an entity is an ESOS agency for
17
a provider or a registered provider under subsection 6C(2) or
18
(3); and
19
(b) the entity is not a Commonwealth authority (within the
20
meaning of section 85ZL of the Crimes Act 1914);
21
the entity is taken to be a Commonwealth authority for the
22
purposes of Part VIIC of the Crimes Act 1914.
23
4 After paragraph 17(1)(a)
24
Insert:
25
(aa) has been convicted of an offence against any other law of the
26
Commonwealth, or against a law of a State, punishable by:
27
(i) imprisonment for 2 years or longer; or
28
(ii) a fine of 120 penalty units or more;
29
Schedule 1 Amendments relating to education services for overseas students
Part 1 Amendments
4
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
at any time during the last 5 years; or
1
5 After paragraph 17(1)(b)
2
Insert:
3
(ba) if the associate or agent is or has ever been approved
4
(however described) to provide a program, service or activity
5
on behalf of, or with funding from, the Commonwealth or a
6
State--has ever had the associate's or agent's approval
7
cancelled or suspended other than at the request of the
8
associate or agent; or
9
6 After paragraph 17(1)(d)
10
Insert:
11
(da) if the associate or agent is or has ever been approved
12
(however described) to provide a program, service or activity
13
on behalf of, or with funding from, the Commonwealth or a
14
State--has ever had disciplinary, remedial or other
15
compliance action taken in relation to the approval; or
16
7 Paragraph 17(1)(e)
17
Omit "paragraph (a), (b), (c) or (d)", substitute "any of paragraphs (a) to
18
(da)".
19
8 At the end of section 17
20
Add:
21
(3) If:
22
(a) the Minister determines that an entity is an ESOS agency for
23
a provider or a registered provider under subsection 6C(2) or
24
(3); and
25
(b) the entity is not a Commonwealth authority (within the
26
meaning of section 85ZL of the Crimes Act 1914);
27
the entity is taken to be a Commonwealth authority for the
28
purposes of Part VIIC of the Crimes Act 1914.
29
9 After section 17
30
Insert:
31
Amendments relating to education services for overseas students Schedule 1
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
5
17A Registered providers must notify their ESOS agency of certain
1
other events
2
(1) A registered provider must notify the ESOS agency for the
3
provider of the occurrence of an event that would significantly
4
affect the provider's ability to comply with this Act.
5
(2) Notice under subsection (1) must be given within 10 business days
6
after the event occurs.
7
(3) A registered provider must notify the ESOS agency for the
8
provider of:
9
(a) any prospective changes to the ownership of the registered
10
provider as soon as practicable before the change takes
11
effect; or
12
(b) any prospective or actual change in relation to a related
13
person of the provider:
14
(i) if the change cannot be determined until it takes
15
effect--within 10 business days of the change taking
16
effect; or
17
(ii) otherwise--as soon as practicable before the change
18
takes effect.
19
(4) Notice under subsection (3) must be accompanied by information
20
on the new owner or the related person of the provider to enable
21
the making of a decision under section 7A as to whether:
22
(a) the ESOS agency is satisfied, or no longer satisfied, that the
23
provider is fit and proper to be registered; or
24
(b) the ESOS agency believes on reasonable grounds that the
25
provider is not fit and proper to be registered.
26
(5) A notice under this section must be provided in the manner and
27
form specified by the ESOS agency for the provider for the
28
purposes of this subsection.
29
Note:
If a registered provider breaches this section, the ESOS agency for the
30
provider may take action under Division 1 of Part 6 against the
31
provider.
32
10 Paragraphs 23(2)(b) and 23A(3)(b)
33
Omit ", and the late payment penalty for the charge,".
34
Schedule 1 Amendments relating to education services for overseas students
Part 1 Amendments
6
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
11 Paragraph 53D(2)(b)
1
Omit ", along with the associated late payment penalty,".
2
12 Section 175 (heading)
3
Repeal the heading, substitute:
4
175 Giving information to relevant bodies etc.
5
13 After paragraph 175(1)(g)
6
Insert:
7
(ga) the Overseas Students Ombudsman; or
8
14 After subsection 175(1)
9
Insert:
10
(1A) The Secretary, or the ESOS agency for a provider or registered
11
provider, may give information obtained or received for the
12
purposes of this Act to an enforcement body (within the meaning
13
of the Privacy Act 1988), if the Secretary or the ESOS agency is
14
satisfied that giving the information is reasonably necessary for
15
one or more enforcement related activities (within the meaning of
16
that Act) conducted by, or on behalf of, the enforcement body.
17
15 At the end of section 175
18
Add:
19
(3) For the purposes of:
20
(a) promoting compliance with this Act, the national code, the
21
ELICOS Standards and the Foundation Program Standards;
22
or
23
(b) promoting compliance with the conditions of a particular
24
student visa or visas, or of student visas generally;
25
the Secretary, or the ESOS agency for a provider or registered
26
provider, may give information relating to the exercise of functions
27
by agents of providers to registered providers.
28
Publishing information about agents
29
(4) For the purposes of:
30
Amendments relating to education services for overseas students Schedule 1
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
7
(a) promoting compliance with this Act, the national code, the
1
ELICOS Standards and the Foundation Program Standards;
2
or
3
(b) promoting compliance with the conditions of a particular
4
student visa or visas, or of student visas generally;
5
the Secretary may cause to be published information relating to the
6
exercise of functions by agents of providers.
7
(5) Without limiting subsection (3) or (4), the information given or
8
published under those subsections may relate to:
9
(a) the number of applications for student visas made by or on
10
behalf of students recruited or otherwise dealt with by an
11
agent that have been granted, refused or withdrawn, or are
12
invalid; or
13
(b) the number of student visas granted to students recruited or
14
otherwise dealt with by an agent that have been cancelled or
15
have ceased to be in effect; or
16
(c) the number of students accepted for enrolment in courses
17
provided by registered providers by students recruited or
18
otherwise dealt with by an agent; or
19
(d) the completion rates of accepted students recruited or
20
otherwise dealt with by agents.
21
Schedule 1 Amendments relating to education services for overseas students
Part 2 Application provisions
8
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
Part 2--Application provisions
1
16 Application of amendments
2
(1)
The amendments of section 7A of the Education Services for Overseas
3
Students Act 2000 made by this Schedule apply in relation to:
4
(a) applications for registration made after the commencement of
5
this Schedule; and
6
(b) applications for registration made before the commencement
7
of this Schedule but not yet decided before that
8
commencement; and
9
(c) providers registered before or after the commencement of
10
this Schedule.
11
(2)
The amendments of section 17 of the Education Services for Overseas
12
Students Act 2000 made by this Schedule apply in relation to providers
13
registered before or after the commencement of this Schedule.
14
(3)
Section 17A of the Education Services for Overseas Students Act 2000,
15
as inserted by this Schedule, applies in relation to providers registered
16
before or after the commencement of this Schedule.
17
(4)
The amendments of sections 23, 23A and 53D of the Education
18
Services for Overseas Students Act 2000 made by this Schedule apply in
19
relation to notices given after the commencement of this Schedule.
20
(5)
The amendments of section 175 of the Education Services for Overseas
21
Students Act 2000 made by this Schedule apply in relation to
22
information given or published after the commencement of this
23
Schedule, regardless of when the information was obtained or received.
24
Amendments relating to the Tertiary Education Quality and Standards Agency
Schedule 2
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
9
Schedule 2--Amendments relating to the
1
Tertiary Education Quality and
2
Standards Agency
3
Part 1--Amendments
4
Tertiary Education Quality and Standards Agency Act 2011
5
1 Section 5
6
Insert:
7
fit and proper person has a meaning affected by section 7A.
8
2 Section 5 (paragraphs (a) to (c) of the definition of qualified
9
auditor)
10
Repeal the paragraphs, substitute:
11
(a) a registered company auditor (within the meaning of the
12
Corporations Act 2001); or
13
3 Section 5 (definition of vocational education and training
14
course)
15
Omit "or a course of a similar kind".
16
4 At the end of Division 3 of Part 1
17
Add:
18
7A Fit and proper person
19
(1) In determining whether a person is a fit and proper person for the
20
purposes of this Act, regard may be had to the matters (if any)
21
specified in an instrument under subsection (2).
22
(2) TEQSA may, by legislative instrument, make a determination
23
specifying matters for the purposes of subsection (1).
24
(3) TEQSA must not make an instrument under subsection (2) unless
25
the Minister has given written approval to the making of the
26
instrument.
27
Schedule 2 Amendments relating to the Tertiary Education Quality and Standards
Agency
Part 1 Amendments
10
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
(4) TEQSA must give the Minister such information as the Minister
1
reasonably requires for the purposes of making a decision under
2
subsection (3).
3
5 Section 15
4
Before "TEQSA", insert "(1)".
5
6 Subparagraph 15(a)(iv)
6
Omit "higher".
7
7 At the end of paragraph 15(b)
8
Add:
9
; and (iii) the history of persons related to the entity.
10
8 At the end of section 15
11
Add:
12
(2) For the purposes of subparagraph (1)(b)(iii), a person is related to a
13
regulated entity if the person:
14
(a) is able to control, or to materially influence, the entity's
15
activities or internal affairs; or
16
(b) is able to determine, or to materially influence, the entity's
17
financial or operating policies; or
18
(c) is financially interested in the entity's success or failure or
19
apparent success or failure; or
20
(d) is a holding company of the entity; or
21
(e) is a subsidiary of the entity; or
22
(f) is a subsidiary of a holding company of the entity.
23
9 Subsection 21(1)
24
Repeal the subsection, substitute:
25
Grant of application for registration
26
(1) TEQSA may grant the application for registration if TEQSA is
27
satisfied that:
28
(a) the applicant meets the Threshold Standards; and
29
Amendments relating to the Tertiary Education Quality and Standards Agency
Schedule 2
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
11
(b) the applicant, and each person who makes or participates in
1
making decisions that affect the whole, or a substantial part,
2
of the applicant's affairs, is a fit and proper person.
3
10 After section 25
4
Insert:
5
25A Condition--fit and proper person
6
A registered higher education provider, and each person who
7
makes or participates in making decisions that affect the whole, or
8
a substantial part, of the provider's affairs, must be a fit and proper
9
person.
10
11 Subsection 36(1)
11
Repeal the subsection, substitute:
12
Deciding whether to grant the application
13
(1) Upon receiving a registered higher education provider's
14
application for renewal of registration, TEQSA may renew the
15
provider's registration if TEQSA is satisfied that:
16
(a) the provider continues to meet the Threshold Standards; and
17
(b) the provider, and each person who makes or participates in
18
making decisions that affect the whole, or a substantial part,
19
of the provider's affairs, is a fit and proper person.
20
12 After paragraph 199(1)(a)
21
Insert:
22
(ab) the Chief Executive Officer; or
23
Schedule 2 Amendments relating to the Tertiary Education Quality and Standards
Agency
Part 2 Application provisions
12
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
Part 2--Application provisions
1
13 Application of amendments
2
(1)
The amendment of the definition of qualified auditor in section 5 of the
3
Tertiary Education Quality and Standards Agency Act 2011 made by
4
this Schedule applies in relation to financial statements provided for
5
annual financial reporting periods that commence on or after 1 July
6
2018.
7
(2)
The amendment of subsection 21(1) of the Tertiary Education Quality
8
and Standards Agency Act 2011 made by this Schedule applies in
9
relation to:
10
(a) applications for registration made after the commencement of
11
this Schedule; and
12
(b) applications for registration made before the commencement
13
of this Schedule but not yet decided before that
14
commencement.
15
(3)
Section 25A of the Tertiary Education Quality and Standards Agency
16
Act 2011, as inserted by this Schedule, applies in relation to registered
17
higher education providers whether registered before or after the
18
commencement of this Schedule.
19
(4)
The amendment of subsection 36(1) of the Tertiary Education Quality
20
and Standards Agency Act 2011 made by this Schedule applies in
21
relation to:
22
(a) applications for renewal made after the commencement of
23
this Schedule; and
24
(b) applications for renewal made before the commencement of
25
this Schedule but not yet decided before that commencement.
26
Amendment of the Higher Education Support Act 2003 Schedule 3
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
13
Schedule 3--Amendment of the Higher
1
Education Support Act 2003
2
Part 1--Amendments
3
Higher Education Support Act 2003
4
1 Section 16-1
5
Before "A", insert "(1)".
6
2 At the end of section 16-1
7
Add:
8
(2) Despite subsection (1), a body other than a body corporate may be
9
approved under this Division as a higher education provider if the
10
body is covered by an exemption under subsection (3).
11
(3) The Minister may, in writing, exempt a body for the purposes of
12
this section if the body is established by or under a law of the
13
Commonwealth, a State or a Territory.
14
(4) If the Minister exempts a body under subsection (3), references in
15
this Act, other than in this section, to a body corporate are taken to
16
include the body.
17
(5) An exemption given under this section is not a legislative
18
instrument.
19
3 After paragraph 16-25(1)(fa)
20
Insert:
21
(fb) the Minister is satisfied that the body has sufficient
22
experience in the provision of higher education; and
23
4 After subsection 16-25(2)
24
Insert:
25
(2A) For the purposes of paragraph (1)(fb), the Minister may have
26
regard to the following:
27
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 1 Amendments
14
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
(a) whether the body has been a
*
registered higher education
1
provider for 3 or more years;
2
(b) the history of the body, and each person who makes or
3
participates in making decisions that affect the whole, or a
4
substantial part, of the body's affairs, in delivering higher
5
education;
6
(c) the scope of courses and level of qualifications the body, and
7
each person who makes or participates in making decisions
8
that affect the whole, or a substantial part, of the body's
9
affairs, has experience in providing.
10
5 After subsection 16-40(1)
11
Insert:
12
(1A) However, if:
13
(a) the body corporate made an application (the earlier
14
application) under subsection (1); and
15
(b) the Minister decided not to approve the earlier application;
16
the body corporate cannot make another application under that
17
subsection within 6 months after the day on which notice of the
18
decision on the earlier application was given to the body corporate.
19
6 At the end of section 16-60
20
Add:
21
(3) The conditions may include the following:
22
(a) that a specified limit on the total number of students entitled
23
to
*
FEE-HELP assistance applies to the provider for a
24
specified period;
25
(b) that a specified limit on the total amount of FEE-HELP
26
assistance payable to the provider applies to the provider for
27
a specified period;
28
(c) that FEE-HELP assistance is payable only in relation to
29
specified units of study offered by the higher education
30
provider;
31
(d) that FEE-HELP assistance is not payable in relation to
32
specified units of study offered by the higher education
33
provider;
34
Amendment of the Higher Education Support Act 2003 Schedule 3
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
15
(e) that units of study provided in a specified manner or by a
1
specified mode of delivery by the higher education provider
2
are units in relation to which FEE-HELP assistance is
3
unavailable.
4
(4) Subsection (3) does not limit the conditions the Minister may
5
impose on the approval.
6
7 After paragraph 19-10(2)(a)
7
Insert:
8
(ab) comply with any requirements prescribed by the Higher
9
Education Provider Guidelines; and
10
8 After subsection 19-10(2)
11
Insert:
12
(2A) Without limiting subsection 33(3A) of the Acts Interpretation Act
13
1901, requirements made for the purposes of paragraph (2)(ab) of
14
this section may make different provision in relation to different
15
kinds of providers, circumstances or any other matter.
16
9 Section 19-12
17
Repeal the section, substitute:
18
19-12 Minister to have regard to financial information and matters
19
prescribed in Higher Education Guidelines
20
In determining whether a higher education provider is financially
21
viable, and likely to remain so, the Minister must have regard to:
22
(a) any financial statement provided by the provider under
23
section 19-10; and
24
(b) the matters (if any) prescribed by the Higher Education
25
Provider Guidelines.
26
10 After section 19-35
27
Insert:
28
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 1 Amendments
16
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
19-36 Misrepresenting assistance under Chapter 3
1
A higher education provider must not represent, whether by
2
publishing or otherwise, that assistance payable under Chapter 3:
3
(a) is not a loan; or
4
(b) does not have to be repaid.
5
Civil penalty:
240 penalty units.
6
19-36A Offering certain inducements
7
(1) A higher education provider must not offer or provide a benefit, or
8
cause a benefit to be offered or provided, if the benefit would be
9
reasonably likely to induce a person to make a
*
request for
10
Commonwealth assistance in relation to enrolling in a unit of study
11
with the provider.
12
Civil penalty:
120 penalty units.
13
(2) Subsection (1) does not apply in relation to a benefit specified in
14
the Higher Education Provider Guidelines.
15
19-36B Engaging in cold-calling
16
(1) This section applies if a higher education provider cold-calls
17
another person to market, advertise or promote a unit of study or a
18
*
course of study.
19
(2) The higher education provider must not mention the possible
20
availability of
*
FEE-HELP assistance for students undertaking the
21
unit of study or
*
course of study.
22
Civil penalty:
60 penalty units.
23
(3) For the purposes of this section, cold-calling includes making
24
unsolicited contact with a person:
25
(a) in person; or
26
(b) by telephone, email or other form of electronic
27
communication.
28
(4) The Higher Education Provider Guidelines may set out conduct
29
that is taken to be cold-calling for the purposes of this section.
30
Amendment of the Higher Education Support Act 2003 Schedule 3
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
17
19-36C Use of third party contact lists
1
(1) This section applies if a higher education provider:
2
(a) receives a person's contact details from another person; and
3
(b) contacts the student to market, advertise or promote a unit of
4
study or a
*
course of study, or enrol the student in a unit of
5
study or course of study.
6
(2) The higher education provider must not mention the possible
7
availability of
*
FEE-HELP assistance for students undertaking the
8
unit of study or
*
course of study.
9
Civil penalty:
60 penalty units.
10
(3) Subsection (2) does not apply in circumstances specified in the
11
Higher Education Provider Guidelines.
12
19-36D Other marketing requirements
13
(1) The Higher Education Provider Guidelines may set out
14
requirements in relation to the marketing of courses in
15
circumstances where assistance may be payable by the
16
Commonwealth under Chapter 3.
17
(2) A higher education provider contravenes this subsection if the
18
provider:
19
(a) is subject to a requirement under subsection (1); and
20
(b) fails to comply with the requirement.
21
Civil penalty:
60 penalty units.
22
19-36E Requirements relating to requests for Commonwealth
23
assistance
24
A higher education provider must not complete any part of a
25
*
request for Commonwealth assistance that a student is required to
26
complete.
27
Civil penalty:
120 penalty units.
28
11 At the end of subsection 19-40(1)
29
Add:
30
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 1 Amendments
18
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
Civil penalty:
60 penalty units.
1
12 After section 19-40
2
Insert:
3
19-42 Assessment of students as academically suited
4
(1) Before enrolling a student in a unit of study, a higher education
5
provider must assess the student as academically suited to
6
undertake the unit concerned.
7
Civil penalty:
120 penalty units.
8
(2) The assessment for the purposes of subsection (1) must be done in
9
accordance with any requirements specified in the Higher
10
Education Provider Guidelines.
11
13 At the end of subsection 19-45(5)
12
Add:
13
Civil penalty:
60 penalty units.
14
14 At the end of section 19-70
15
Add:
16
(4) A higher education provider contravenes this subsection if the
17
provider:
18
(a) is subject to a requirement under this section; and
19
(b) does not comply with the requirement.
20
Civil penalty:
60 penalty units.
21
15 After section 19-70
22
Insert:
23
19-71 Co-operation with HESA and TEQSA investigators
24
(1) A higher education provider must co-operate with
*
HESA
25
investigators and
*
TEQSA investigators who are performing
26
functions or exercising powers under this Act.
27
Amendment of the Higher Education Support Act 2003 Schedule 3
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
19
(2) A higher education provider must not obstruct or hinder a
*
HESA
1
investigator or a
*
TEQSA investigator who is performing functions
2
or exercising powers under this Act.
3
Civil penalty:
60 penalty units.
4
19-72 Providers must keep records
5
(1) A higher education provider must keep records of a kind, in the
6
manner and for the period specified in the Higher Education
7
Provider Guidelines.
8
(2) A higher education provider contravenes this subsection if the
9
provider:
10
(a) is subject to a requirement under this section; and
11
(b) does not comply with the requirement.
12
Civil penalty:
60 penalty units.
13
19-73 Providers must publish information
14
(1) A higher education provider must publish information of the kind,
15
in the manner and within the period specified in the Higher
16
Education Provider Guidelines.
17
(2) A higher education provider contravenes this subsection if the
18
provider:
19
(a) is subject to a requirement under this section; and
20
(b) does not comply with the requirement.
21
Civil penalty:
60 penalty units.
22
16 At the end of sections 19-75 and 19-77
23
Add:
24
Civil penalty:
60 penalty units.
25
17 At the end of subsection 19-78(1)
26
Add:
27
Civil penalty:
60 penalty units.
28
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 1 Amendments
20
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
18 After subsection 19-80(3)
1
Insert:
2
(3A) A higher education provider contravenes this subsection if the
3
provider:
4
(a) is being audited under this section; and
5
(b) does not co-operate with the auditing body in the course of its
6
audit.
7
Civil penalty:
60 penalty units.
8
19 Subsection 19-82(4)
9
Repeal the subsection, substitute:
10
Higher Education provider to comply with compliance notice
11
(4) A higher education provider must comply with a compliance notice
12
given to the provider under this section.
13
Civil penalty:
60 penalty units.
14
20 At the end of subsection 19-95(2)
15
Add:
16
Civil penalty:
60 penalty units.
17
21 At the end of subsection 19-95(3)
18
Add:
19
Civil penalty:
60 penalty units.
20
22 Subsection 104-1(1)
21
After "and sections", insert "104-1A,".
22
23 After paragraph 104-1(1)(a)
23
Insert:
24
(ab) the student is a
*
genuine student; and
25
(ac) the student has been assessed by the higher education
26
provider as academically suited to undertake the unit
27
concerned; and
28
Amendment of the Higher Education Support Act 2003 Schedule 3
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
21
24 After subsection 104-1(1)
1
Insert:
2
(1A) In determining whether a student is a
*
genuine student, regard may
3
be had to the matters (if any) specified in the Higher Education
4
Provider Guidelines.
5
(1B) The assessment for the purposes of paragraph (1)(ac) must be done
6
in accordance with any requirements specified in the Higher
7
Education Provider Guidelines made for the purposes of
8
section 19-42.
9
25 At the end of section 104-1
10
Add:
11
(3) A student is not entitled to
*
FEE-HELP assistance for a unit of
12
study provided, or to be provided, by a higher education provider
13
if:
14
(a) a limit on the total number of students entitled to FEE-HELP
15
assistance, or on the total amount of FEE-HELP assistance
16
payable to the provider, applies to the provider; and
17
(b) provision of FEE-HELP assistance to the student would
18
exceed that limit.
19
(4) A student is not entitled to
*
FEE-HELP assistance for a unit of
20
study with a higher education provider if the higher education
21
provider completes any part of the
*
request for Commonwealth
22
assistance in relation to the unit that the student is required to
23
complete.
24
26 After section 104-1
25
Insert:
26
104-1A Failure by a student to complete previous units with
27
provider
28
(1) A student is not entitled to
*
FEE-HELP assistance for a unit of
29
study provided, or to be provided, by a higher education provider
30
if:
31
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 1 Amendments
22
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
(a) in a case where the unit of study is part of a course leading to
1
the award of a bachelor degree or higher qualification:
2
(i) the student has already undertaken 8 or more other units
3
of study at that provider as part of that course of study;
4
and
5
(ii) the student did not successfully complete at least 50%
6
of those other units; or
7
(b) in any other case:
8
(i) the student has already undertaken 4 or more other units
9
of study at that provider as part of a course of study; and
10
(ii) the student did not successfully complete at least 50%
11
of those other units.
12
(2) This section does not apply if:
13
(a) the student applies in writing to the provider for an
14
exemption from subsection (1); and
15
(b) the higher education provider is satisfied that special
16
circumstances apply to the student (see section 104-30).
17
27 Subsection 104-10(4)
18
Repeal the subsection.
19
28 Subsection 104-30(1)
20
Omit "the purposes of paragraph", substitute "the purposes of
21
paragraphs 104-1A(2)(b) and".
22
29 At the end of Subdivision 104-B of Division 104
23
Add:
24
104-43 Re-crediting a person's FEE-HELP balance if not a genuine
25
student
26
(1) A higher education provider must, on the
*
Secretary's behalf,
27
re-credit a person's
*
FEE-HELP balance with an amount equal to
28
the amounts of
*
FEE-HELP assistance that the person received for
29
a unit of study if:
30
(a) the person has been enrolled in the unit with the provider;
31
and
32
Amendment of the Higher Education Support Act 2003 Schedule 3
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
23
(b) the Secretary is satisfied that the person is not a
*
genuine
1
student.
2
Note:
A FEE-HELP debt relating to a unit of study will be remitted if the
3
FEE-HELP balance in relation to the unit is re-credited: see
4
subsection 137-10(4).
5
(2) The
*
Secretary may re-credit the person's
*
FEE-HELP balance
6
under subsection (1) if the provider is unable to do so.
7
104-44 Re-crediting a person's FEE-HELP balance if provider
8
completes request for assistance etc.
9
(1) A higher education provider must, on the
*
Secretary's behalf,
10
re-credit a person's
*
FEE-HELP balance with an amount equal to
11
the amounts of
*
FEE-HELP assistance that the person received for
12
a unit of study if the higher education provider completes any part
13
of the
*
request for Commonwealth assistance in relation to the unit
14
that the student is required to complete.
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 under this
17
section: see subsection 137-10(4).
18
(2) A higher education provider must, on the
*
Secretary's behalf,
19
re-credit a person's
*
FEE-HELP balance with an amount equal to
20
the amounts of
*
FEE-HELP assistance that the person received for
21
a unit of study if the Secretary is satisfied that the student was not
22
entitled to receive FEE-HELP assistance for the unit of study with
23
the higher education provider.
24
(3) A higher education provider must, on the
*
Secretary's behalf,
25
re-credit a person's
*
FEE-HELP balance with an amount equal to
26
the amounts of
*
FEE-HELP assistance that the person received for
27
a unit of study if the student has not has been assessed by the
28
higher education provider as academically suited to undertake the
29
unit concerned.
30
(4) The
*
Secretary may re-credit the person's
*
FEE-HELP balance
31
under this section if the provider is unable to do so.
32
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 1 Amendments
24
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
30 Subsection 110-5(1)
1
Omit "subsection 104-25(1), 104-27(1) or section 104-42", substitute
2
"subsection 104-25(1) or 104-27(1) or section 104-42, 104-43 or
3
104-44".
4
31 Subsection 137-10(4)
5
Omit "or 104-42", substitute ", 104-42, 104-43 or 104-44".
6
32 Section 159-1
7
Omit:
8
ï‚·
reconsideration and administrative review of certain
9
decisions (see Part 5-7).
10
substitute:
11
ï‚·
reconsideration and administrative review of certain
12
decisions (see Part 5-7);
13
ï‚·
the application of the Regulatory Powers Act, including in
14
relation to monitoring and investigation powers, civil
15
penalties, infringement notices, enforceable undertakings
16
and injunctions (see Part 5-8).
17
33 After subsection 164-10(1)
18
Insert:
19
(1AA) The
*
Secretary may vary or revoke a determination made under
20
subsection (1).
21
34 After section 169-15
22
Insert:
23
169-17 Requirements relating to withdrawal from units of study
24
(1) The Higher Education Provider Guidelines may prescribe
25
requirements to be complied with by higher education providers in
26
relation to student withdrawal from units of study.
27
Amendment of the Higher Education Support Act 2003 Schedule 3
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
25
(2) Without limiting subsection (1), the Higher Education Provider
1
Guidelines may:
2
(a) require that fees (however described) must not be charged by
3
higher education providers for withdrawal, either generally or
4
in specified circumstances; or
5
(b) specify requirements to be met in relation to re-enrolment
6
after withdrawal; or
7
(c) specify requirements in relation to processes and procedures
8
for dealing with student withdrawal from units of study.
9
(3) A higher education provider contravenes this subsection if:
10
(a) the provider is subject to a requirement under this section;
11
and
12
(b) the provider fails to comply with the requirement.
13
Civil penalty:
120 penalty units.
14
35 At the end of subsections 169-25(3) and (4)
15
Add:
16
Civil penalty:
60 penalty units.
17
36 After subsection 174-5(1)
18
Insert:
19
(1A) A higher education provider contravenes this subsection if:
20
(a) the provider is subject to a requirement under subsection (1);
21
and
22
(b) the provider fails to comply with the requirement.
23
Civil penalty:
60 penalty units.
24
37 At the end of Chapter 5
25
Add:
26
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 1 Amendments
26
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
Part 5-8--Regulatory powers
1
2
215-1 What this Part is about
3
Certain persons have monitoring and investigation powers under
4
the Regulatory Powers Act to ensure this Act is being complied
5
with.
6
This Part also provides for the application of the Regulatory
7
Powers Act in relation to civil penalties, infringement notices,
8
enforceable undertakings and injunctions.
9
215-5 Monitoring powers
10
(1) The provisions of this Act (other than Schedule 1A) are subject to
11
monitoring under Part 2 of the
*
Regulatory Powers Act.
12
Note 1:
Part 2 of the Regulatory Powers Act creates a framework for
13
monitoring whether this Act has been complied with. It includes
14
powers of entry and inspection.
15
Note 2:
Schedule 1A of this Act contains separate monitoring and
16
investigation powers in relation to matters dealt with in that Schedule:
17
see Subdivision 5A-C of that Schedule.
18
(2) Information given in compliance or purported compliance with a
19
provision mentioned in subsection (1) is subject to monitoring
20
under Part 2 of the
*
Regulatory Powers Act.
21
Note:
Part 2 of the Regulatory Powers Act creates a framework for
22
monitoring whether the information is correct. It includes powers of
23
entry and inspection.
24
(3) For the purposes of Part 2 of the
*
Regulatory Powers Act as it
25
applies in relation to the provisions mentioned in subsection (1):
26
(a) each
*
HESA investigator and
*
TEQSA investigator is an
27
authorised applicant; and
28
(b) each HESA investigator and TEQSA investigator is an
29
authorised person; and
30
(c) a
*
judicial officer is an issuing officer; and
31
(d) for an authorised person who is a HESA investigator, the
32
*
Secretary is the relevant chief executive; and
33
Amendment of the Higher Education Support Act 2003 Schedule 3
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
27
(e) for an authorised person who is a TEQSA investigator, the
1
Chief Executive Officer of
*
TEQSA is the relevant chief
2
executive; and
3
(f) each
*
applicable court is a relevant court.
4
(4) An authorised person may be assisted by other persons in
5
exercising powers or performing functions or duties under Part 2 of
6
the Regulatory Powers Act in relation to this Act (other than
7
Schedule 1A).
8
215-10 Investigation powers
9
(1) A provision is subject to investigation under Part 3 of the
10
*
Regulatory Powers Act if it is:
11
(a) a
*
civil penalty provision of this Act (other than
12
Schedule 1A); or
13
(b) an offence against the Crimes Act 1914 or the Criminal Code
14
that relates to this Act (other than Schedule 1A).
15
Note 1:
Part 3 of the Regulatory Powers Act creates a framework for
16
investigating whether a provision has been contravened. It includes
17
powers of entry, search and seizure.
18
Note 2:
Schedule 1A of this Act contains separate monitoring and
19
investigation powers in relation to matters dealt with in that Schedule:
20
see Subdivision 5A-C of that Schedule.
21
(2) For the purposes of Part 3 of the
*
Regulatory Powers Act as it
22
applies in relation to the provisions mentioned in subsection (1):
23
(a) each
*
HESA investigator and
*
TEQSA investigator is an
24
authorised applicant; and
25
(b) each HESA investigator and TEQSA investigator is an
26
authorised person; and
27
(c) a
*
judicial officer is an issuing officer; and
28
(d) for an authorised person who is a HESA investigator, the
29
*
Secretary is the relevant chief executive; and
30
(e) for an authorised person who is a TEQSA investigator, the
31
Chief Executive Officer of
*
TEQSA is the relevant chief
32
executive; and
33
(f) each
*
applicable court is a relevant court.
34
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 1 Amendments
28
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
(3) An authorised person may be assisted by other persons in
1
exercising powers or performing functions or duties under Part 3 of
2
the
*
Regulatory Powers Act in relation to this Act (other than
3
Schedule 1A).
4
215-15 Civil penalty provisions
5
(1) Each
*
civil penalty provision of this Act (other than Schedule 1A)
6
is enforceable under Part 4 of the
*
Regulatory Powers Act.
7
Note 1:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
8
be enforced by obtaining an order for a person to pay a pecuniary
9
penalty for the contravention of the provision.
10
Note 2:
Schedule 1A of this Act contains separate monitoring and
11
investigation powers in relation to matters dealt with in that Schedule:
12
see Subdivision 5A-A of that Schedule.
13
(2) For the purposes of Part 4 of the
*
Regulatory Powers Act as it
14
applies in relation to the provisions mentioned in subsection (1):
15
(a) each of the following is an authorised applicant:
16
(i) the
*
Secretary;
17
(ii) an SES employee, or an acting SES employee, in the
18
Department; and
19
(b) each
*
applicable court is a relevant court.
20
215-20 Infringement notices
21
(1) A
*
civil penalty provision of this Act (other than Schedule 1A) is
22
subject to an infringement notice under Part 5 of the
*
Regulatory
23
Powers Act.
24
Note 1:
Part 5 of the Regulatory Powers Act creates a framework for using
25
infringement notices in relation to provisions.
26
Note 2:
Schedule 1A of this Act contains separate monitoring and
27
investigation powers in relation to matters dealt with in that Schedule:
28
see Subdivision 5A-B of that Schedule.
29
(2) For the purposes of Part 5 of the
*
Regulatory Powers Act as it
30
applies in relation to the provisions mentioned in subsection (1):
31
(a) each of the following is an infringement officer:
32
Amendment of the Higher Education Support Act 2003 Schedule 3
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
29
(i) a member of the staff of TEQSA (within the meaning of
1
the
*
TEQSA Act) who is an SES employee or an acting
2
SES employee;
3
(ii) a member of the staff of TEQSA (within the meaning of
4
the
*
TEQSA Act) who is an APS employee who holds
5
or performs the duties of an Executive Level 2 position
6
or an equivalent position;
7
(iii) an SES employee, or an acting SES employee, in the
8
Department; and
9
(b) the relevant chief executive is:
10
(i) for an infringement notice given by an infringement
11
officer covered by subparagraph (a)(i) or (ii)--the Chief
12
Executive Officer of
*
TEQSA; or
13
(ii) for an infringement notice given by an infringement
14
officer covered by subparagraph (a)(iii)--the
*
Secretary.
15
215-25 Enforceable undertakings
16
(1) The provisions of this Act (other than Schedule 1A) are
17
enforceable under Part 6 of the
*
Regulatory Powers Act.
18
Note:
Part 6 of the Regulatory Powers Act creates a framework for accepting
19
and enforcing undertakings relating to compliance with provisions.
20
(2) For the purposes of Part 6 of the
*
Regulatory Powers Act as it
21
applies in relation to the provisions mentioned in subsection (1):
22
(a) the
*
Secretary is an authorised person; and
23
(b) each
*
applicable court is a relevant court.
24
215-30 Injunctions
25
(1) The provisions of this Act (other than Schedule 1A) are
26
enforceable under Part 7 of the
*
Regulatory Powers Act.
27
Note:
Part 7 of the Regulatory Powers Act creates a framework for using
28
injunctions to enforce provisions.
29
(2) For the purposes of Part 7 of the
*
Regulatory Powers Act as it
30
applies in relation to the provisions mentioned in subsection (1):
31
(a) the
*
Secretary is an authorised person; and
32
(b) each
*
applicable court is a relevant court.
33
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 1 Amendments
30
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
215-35 Appointment of investigators
1
(1) The
*
Secretary may, in writing, appoint a person as a HESA
2
investigator.
3
(2) The Chief Executive Officer of
*
TEQSA may, in writing, appoint a
4
member of the staff of TEQSA (within the meaning of the
5
*
TEQSA Act) as a TEQSA investigator.
6
(3) A person must not be appointed as a
*
HESA investigator, or a
7
*
TEQSA investigator, unless the appointer is satisfied that the
8
person has the knowledge or experience necessary to properly
9
exercise the powers of such an investigator.
10
(4) A
*
HESA investigator, and a
*
TEQSA investigator, must, in
11
exercising powers as such, comply with any directions of the
12
appointer.
13
(5) If a direction is given under subsection (4) in writing, the direction
14
is not a legislative instrument.
15
215-40 Delegation of regulatory powers
16
(1) The
*
Secretary may, in writing, delegate his or her powers and
17
functions under the
*
Regulatory Powers Act as it applies in relation
18
to this Act (other than Schedule 1A), to an SES employee, or an
19
acting SES employee, in the Department.
20
(2) The Chief Executive Officer of
*
TEQSA may, in writing, delegate
21
his or her powers and functions under the
*
Regulatory Powers Act
22
as it applies in relation to this Act, to a member of the staff of
23
TEQSA (within the meaning of the
*
TEQSA Act) who is:
24
(a) an SES employee or an acting SES employee; or
25
(b) an APS employee who holds or performs the duties of an
26
Executive Level 2 position or an equivalent position.
27
(3) A person exercising powers or performing functions under a
28
delegation under subsection (1) or (2) must comply with any
29
directions of the delegator.
30
Amendment of the Higher Education Support Act 2003 Schedule 3
Amendments Part 1
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
31
215-45 Contravening offence and civil penalty provisions
1
(1) This section applies if a provision of this Act provides that a person
2
contravening another provision of this Act (the conduct provision)
3
commits an offence or is liable to a civil penalty.
4
(2) For the purposes of this Act, and the
*
Regulatory Powers Act to the
5
extent that it relates to this Act, a reference to a contravention of an
6
offence provision or a
*
civil penalty provision includes a reference
7
to a contravention of the conduct provision.
8
215-50 Certain references to higher education provider include
9
references to agent
10
A reference in a
*
civil penalty provision in this Act to a higher
11
education provider includes a reference to a person acting on
12
behalf of the provider.
13
215-55 Other enforcement action
14
To avoid doubt, taking action under this Part does not limit the
15
taking of action under any other provision of this Act.
16
38 Before section 238-1
17
Insert:
18
238-1A Giving false or misleading information
19
(1) A person contravenes this subsection if:
20
(a) a person gives information or a document under, or for the
21
purposes of, this Act; and
22
(b) the information or document:
23
(i) is false or misleading; or
24
(ii) omits any matter or thing without which the information
25
or document is misleading.
26
Civil penalty:
60 penalty units.
27
(2) Subsection (1) does not apply if the information or document is not
28
false or misleading in a material particular.
29
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 1 Amendments
32
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
39 Subsection 238-10(1) (table item 6)
1
After "Part 2-1", insert "; section 104-1; section 169-17".
2
40 Subclause 1(1) of Schedule 1 (definition of civil penalty
3
provision)
4
Repeal the definition, substitute:
5
civil penalty provision:
6
(a) other than in Schedule 1A--has the same meaning as in the
7
Regulatory Powers Act; and
8
(b) in Schedule 1A--means each of the following clauses or
9
subclauses of that Schedule:
10
(i) subclauses 39DB(1) and (2);
11
(ii) subclauses 39DC(1) and (2);
12
(iii) clause 39DE;
13
(iv) subclause 39DF(1);
14
(v) subclause 39DG(1);
15
(vi) subclauses 39DH(1) and (2);
16
(vii) subclauses 39DI(1) and (2);
17
(viii) clauses 39DJ, 39DK and 39DL.
18
41 Subclause 1(1) of Schedule 1
19
Insert:
20
HESA investigator means a person appointed under
21
subsection 215-35(1).
22
42 Subclause 1(1) of Schedule 1 (paragraphs (a) to (c) of the
23
definition of qualified auditor)
24
Repeal the paragraphs, substitute:
25
(a) a registered company auditor (within the meaning of the
26
Corporations Act 2001); or
27
43 Subclause 1(1) of Schedule 1
28
Insert:
29
TEQSA investigator means a person appointed under
30
subsection 215-35(2).
31
Amendment of the Higher Education Support Act 2003 Schedule 3
Application provisions Part 2
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
33
Part 2--Application provisions
1
44 Application of amendments
2
(1)
The amendments of section 16-25 of the Higher Education Support Act
3
2003 made by this Schedule apply in relation to:
4
(a) applications for approval made after the commencement of
5
this Schedule; and
6
(b) applications for approval made before the commencement of
7
this Schedule but not yet decided before that commencement.
8
(2)
The amendments of sections 19-10 and 19-12 of the Higher Education
9
Support Act 2003 made by this Schedule apply in relation to higher
10
education providers approved under section 16-25, whether approved
11
before or after the commencement of this Schedule.
12
(3)
Sections 19-36 to 19-36E of the Higher Education Support Act 2003, as
13
inserted by this Schedule, apply on and after 1 January 2018 in relation
14
to higher education providers approved under section 16-25, whether
15
approved before or after the commencement of this Schedule.
16
(4)
The amendments of sections 19-40, 19-45 and 19-70 of the Higher
17
Education Support Act 2003 made by this Schedule apply in relation to
18
higher education providers approved under section 16-25, whether
19
approved before or after the commencement of this Schedule.
20
(5)
Section 19-42 of the Higher Education Support Act 2003, as inserted by
21
this Schedule, applies in relation to higher education providers approved
22
under section 16-25, whether approved before or after the
23
commencement of this Schedule.
24
(6)
Sections 19-71 to 19-73 of the Higher Education Support Act 2003, as
25
inserted by this Schedule, apply in relation to higher education
26
providers approved under section 16-25, whether approved before or
27
after the commencement of this Schedule.
28
(7)
The amendments of sections 19-75, 19-77, 19-78, 19-80, 19-82 and
29
19-95 of the Higher Education Support Act 2003 made by this Schedule
30
apply in relation to higher education providers approved under
31
section 16-25, whether approved before or after the commencement of
32
this Schedule.
33
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 2 Application provisions
34
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
No. , 2017
(8)
The amendments of section 104-1 of the Higher Education Support Act
1
2003 made by this Schedule apply in relation to a unit of study if:
2
(a) the unit of study is undertaken as part of a course of study;
3
and
4
(b) the student enrolled in the course of study on or after
5
1 January 2018; and
6
(c) the unit of study has a census date that occurs on or after
7
1 January 2018; and
8
(d) the unit is provided by a higher education provider approved
9
under section 16-25, whether approved before or after the
10
commencement of this Schedule.
11
(9)
Section 104-1A of the Higher Education Support Act 2003, as inserted
12
by this Schedule, applies in relation to a unit of study if:
13
(a) the unit of study is undertaken as part of a course of study;
14
and
15
(b) the student enrolled in the course of study on or after
16
1 January 2018; and
17
(c) the unit of study has a census date that occurs on or after
18
1 January 2018; and
19
(d) the unit is provided by a higher education provider approved
20
under section 16-25, whether approved before or after the
21
commencement of this Schedule.
22
(10)
Sections 104-43 and 104-44 of the Higher Education Support Act 2003,
23
as inserted by this Schedule, apply in relation to higher education
24
providers approved under section 16-25, whether approved before or
25
after the commencement of this Schedule.
26
(11)
Section 169-17 of the Higher Education Support Act 2003, as inserted
27
by this Schedule, applies in relation to students enrolled in units of
28
study:
29
(a) with census dates that occur on or after the commencement
30
of this Schedule (whether the units of study are part of a
31
course commenced before or after that commencement); and
32
(b) that are provided by higher education providers approved
33
under section 16-25, whether approved before or after the
34
commencement of this Schedule.
35
Amendment of the Higher Education Support Act 2003 Schedule 3
Application provisions Part 2
No. , 2017
Education Legislation Amendment (Provider Integrity and Other
Measures) Bill 2017
35
(12)
The amendments of sections 169-25 and 174-5 of the Higher Education
1
Support Act 2003 made by this Schedule apply in relation to higher
2
education providers approved under section 16-25, whether approved
3
before or after the commencement of this Schedule.
4
(13)
The amendment of the definition of qualified auditor in subclause 1(1)
5
of Schedule 1 of the Higher Education Support Act 2003 made by this
6
Schedule applies in relation to financial statements provided for annual
7
financial reporting periods that commence on or after 1 July 2018.
8