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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Legislation Amendment
(Startup Year and Other Measures) Bill
2023
No. , 2023
(Education)
A Bill for an Act to amend legislation in relation to
education and research, and for related purposes
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Startup year
3
Part 1--SY-HELP assistance
3
Higher Education Support Act 2003
3
Part 2--Student payments
35
Social Security Act 1991
35
Social Security (Administration) Act 1999
37
Student Assistance Act 1973
38
Schedule 2--Australian Research Council
39
Australian Research Council Act 2001
39
Schedule 3--Avondale University
40
Higher Education Support Act 2003
40
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
1
A Bill for an Act to amend legislation in relation to
1
education and research, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Education Legislation Amendment (Startup Year
5
and Other Measures) Act 2023
.
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 (Startup Year and Other Measures)
Bill 2023
No. , 2023
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
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
Startup year
Schedule 1
SY-HELP assistance
Part 1
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
3
Schedule 1--Startup year
1
Part 1--SY-HELP assistance
2
Higher Education Support Act 2003
3
1 Paragraph 3-10(d)
4
Omit "providers.", substitute "providers;".
5
2 After paragraph 3-10(d)
6
Insert:
7
(e) SY-HELP assistance for accelerator program courses.
8
3 After paragraph 5-1(4)(e)
9
Insert:
10
(ea) Part 3-7 (SY-HELP assistance);
11
4 Subsection 19-35(5)
12
Repeal the subsection, substitute:
13
(5) A higher education provider that receives any payment under
14
section 128D-1 on account of amounts of
*
SY-HELP assistance for
15
an
*
accelerator program course must have open, fair and
16
transparent procedures that, in the provider's reasonable view, are
17
based on merit for making decisions about:
18
(a) the selection, from among the persons who seek to enrol with
19
the provider in that accelerator program course, of persons to
20
enrol; and
21
(b) the selection of students for receipt of SY-HELP assistance
22
in relation to that accelerator program course; and
23
(c) the treatment of students undertaking that accelerator
24
program course.
25
(6) Subsections (4) and (5) do not prevent a higher education provider
26
taking into account, in making decisions mentioned in those
27
subsections, educational disadvantages that a particular student has
28
experienced.
29
Schedule 1
Startup year
Part 1
SY-HELP assistance
4
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
5 At the end of section 19-36A
1
Add:
2
(3) A higher education provider must not offer or provide a benefit, or
3
cause a benefit to be offered or provided, if the benefit would be
4
reasonably likely to induce a person to make a
*
request for
5
Commonwealth assistance in relation to enrolling in an
6
*
accelerator program course with the provider.
7
Civil penalty:
120 penalty units.
8
(4) Subsection (3) does not apply in relation to a benefit specified in
9
the Higher Education Provider Guidelines.
10
6 At the end of subsection 19-36B(1)
11
Add ", or an
*
accelerator program course".
12
7 Subsection 19-36B(2)
13
After "or
*
course of study", insert ", or
*
accelerator program course".
14
8 Paragraph 19-36C(1)(b)
15
Repeal the paragraph, substitute:
16
(b) contacts the student:
17
(i) to market, advertise or promote a unit of study or a
18
*
course of study, or enrol the student in a unit of study
19
or course of study; or
20
(ii) to market, advertise or promote an
*
accelerator program
21
course, or enrol the student in an accelerator program
22
course.
23
9 Subsection 19-36C(2)
24
After "or
*
course of study", insert ", or
*
accelerator program course".
25
10 Paragraph 19-37(3)(a)
26
After "course of study", insert ", or
*
accelerator program course,".
27
11 Subparagraphs 19-37(3)(c)(i) and (ii)
28
After "course of study", insert "or accelerator program course".
29
Startup year
Schedule 1
SY-HELP assistance
Part 1
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
5
12 Paragraph 19-38(4)(o)
1
After "
*
courses of study", insert "or
*
accelerator program courses".
2
13 After subsection 19-42(1)
3
Insert:
4
(1A) Before enrolling a person in an
*
accelerator program course, a
5
higher education provider must assess the person as academically
6
suited to undertake that accelerator program course.
7
Civil penalty:
120 penalty units.
8
14 Subsection 19-42(2)
9
After "subsection (1)", insert "or (1A)".
10
15 Paragraph 19-45(1)(a)
11
After "
*
courses of study", insert "or
*
accelerator program courses".
12
16 Section 19-85
13
Repeal the section, substitute:
14
19-85 Basic requirement
15
A higher education provider must charge, in accordance with the
16
requirements of this Act:
17
(a)
*
student contribution amounts and
*
tuition fees for each unit
18
of study in which it enrols students; and
19
(b) an
*
accelerator program course fee for each
*
accelerator
20
program course in which it enrols students.
21
17 After section 19-90
22
Insert:
23
19-92 Determining accelerator program course fees for all students
24
(1) This section applies to an
*
accelerator program course that a higher
25
education provider provides or proposes to provide during a period
26
ascertained in accordance with the Higher Education Provider
27
Guidelines.
28
Schedule 1
Startup year
Part 1
SY-HELP assistance
6
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
(2) The provider must determine one
*
accelerator program course fee
1
that is to apply to students who may enrol in the course during the
2
period.
3
(3) A person's
accelerator program course fee
for an
*
accelerator
4
program course is the fee determined for the course under
5
subsection (2).
6
18 After section 19-95
7
Insert:
8
19-97 Schedules of accelerator program course fees
9
(1) This section applies if a higher education provider is required by
10
section 19-92 to determine an
*
accelerator program course fee for
11
an
*
accelerator program course the provider provides or proposes
12
to provide during a period ascertained in accordance with the
13
Higher Education Provider Guidelines.
14
(2) The provider must give the Minister a schedule of the
*
accelerator
15
program course fees determined under section 19-92 for all the
16
*
accelerator program courses it provides or proposes to provide
17
during the period. It must give the schedule:
18
(a) in a form approved in writing by the Minister (if any); and
19
(b) in accordance with the requirements that the Minister
20
determines in writing (if any).
21
(3) The provider must:
22
(a) ensure that the schedule provides sufficient information to
23
enable a person to work out, for each
*
accelerator program
24
course the provider provides or is to provide during the
25
period, the person's
*
accelerator program course fee; and
26
(b) publish the schedule for a particular period by the date
27
ascertained in accordance with the Higher Education
28
Provider Guidelines; and
29
(c) ensure that the schedule is available to all students enrolled,
30
and persons seeking to enrol, with the provider on request
31
and without charge.
32
Civil penalty:
60 penalty units.
33
Startup year
Schedule 1
SY-HELP assistance
Part 1
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
7
19 Section 65-1
1
Omit "4 kinds of assistance" (wherever occurring), substitute "5 kinds
2
of assistance".
3
20 Section 65-1
4
Omit:
5
•
SA-HELP assistance--assistance to a student on whom a
6
student services and amenities fee is imposed (see Part 3-5).
7
substitute:
8
•
SA-HELP assistance--assistance to a student on whom a
9
student services and amenities fee is imposed (see Part 3-5);
10
and
11
•
SY-HELP assistance--assistance to a student undertaking an
12
accelerator program course (see Part 3-7).
13
21 Section 65-1
14
Omit "and SA-HELP assistance", substitute ", SA-HELP assistance and
15
SY-HELP assistance".
16
22 Paragraph 126-1(1)(b)
17
Repeal the paragraph, substitute:
18
(b) on the day on which the fee is payable, the student is enrolled
19
with the provider in one or more of the following:
20
(i) a
*
course of study or a
*
bridging course for
21
overseas-trained professionals;
22
(ii) an
*
accelerator program course; and
23
23 Subsection 126-1(2)
24
Repeal the subsection, substitute:
25
(2) A
request for Commonwealth assistance
, in relation to a
*
student
26
services and amenities fee imposed for a period on a person who is
27
enrolled with a higher education provider in one or more of the
28
courses mentioned in paragraph (1)(b), means a document:
29
Schedule 1
Startup year
Part 1
SY-HELP assistance
8
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
(a) in which the person requests the Commonwealth to provide
1
assistance under this Act in relation to the fee for the period;
2
and
3
(b) that is in the form approved by the Minister.
4
24 Subsection 126-5(2)
5
Repeal the subsection, substitute:
6
(2) Despite subsections (1) and (1A), a student does not meet the
7
citizenship or residency requirements in relation to a
*
student
8
services and amenities fee imposed on the student by a higher
9
education provider if the provider reasonably expects that:
10
(a) for a student enrolled in one course for the purposes of
11
paragraph 126-1(1)(b)--the student will not undertake in
12
Australia any
*
units of study with the provider, or any or the
13
*
accelerator program course (as applicable); or
14
(b) for a student enrolled in more than one course for the
15
purposes of paragraph 126-1(1)(b)--the student will not
16
undertake in Australia:
17
(i) any units of study with the provider; and
18
(ii) if one of the courses is an accelerator program course--
19
any of the accelerator program course.
20
25 At the end of Chapter 3
21
Add:
22
Part 3-7--SY-HELP assistance
23
Division 128A--Introduction
24
128A-1 What this Part is about
25
A student may be entitled to SY-HELP assistance for an
26
accelerator program course if certain requirements are met. In
27
particular:
28
(a)
the course must lead to a qualification that is accredited,
29
by a suitable higher education provider, as being integral
30
to the development of startup businesses; and
31
Startup year
Schedule 1
SY-HELP assistance
Part 1
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Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
9
(b)
the provider must have selected the student for
1
SY-HELP assistance.
2
The amount of assistance to which the student may be entitled is
3
based on the accelerator program course fee less any up-front
4
payments. There is a limit on the total amount of assistance that the
5
student can receive. The assistance is paid to the provider to
6
discharge the student's liability to pay the fee.
7
Note 1:
Amounts of assistance under this Part may form part of a person's
8
HELP debts that the Commonwealth recovers under Part 4-2.
9
Note 2:
This Part does not apply to Table C providers: see section 5-1.
10
128A-5 The SY-HELP Guidelines
11
*
SY-HELP assistance is also dealt with in the SY-HELP
12
Guidelines. The provisions of this Part indicate when a particular
13
matter is or may be dealt with in these Guidelines.
14
Note:
The SY-HELP Guidelines are made by the Minister under
15
section 238-10.
16
Division 128B--Who is entitled to SY-HELP assistance?
17
128B-1 Entitlement to SY-HELP assistance
18
Entitlement to SY-HELP assistance
19
(1) A student is entitled to
*
SY-HELP assistance for an
*
accelerator
20
program course in which the student is enrolled with a higher
21
education provider if:
22
(a) the student meets the citizenship or residency requirements
23
under section 128B-30; and
24
(b) any of the following apply:
25
(i) the student is in the final year of an
*
undergraduate
26
course of study;
27
(ii) the student is enrolled in a
*
postgraduate course of
28
study;
29
(iii) the student was awarded, no more than 36 months
30
before the person commenced the accelerator program
31
Schedule 1
Startup year
Part 1
SY-HELP assistance
10
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
course, a qualification at level 7, 8, 9 or 10 of the
1
*
Australian Qualifications Framework; and
2
(c) the student has not received more than one amount of
3
SY-HELP assistance (for this purpose, disregard any amount
4
of assistance that has been
*
reversed under Division 128E);
5
and
6
(d) the
*
census date for the accelerator program course is on or
7
after 1 July 2023; and
8
(e) the student:
9
(i) enrolled in the accelerator program course on or before
10
the census date for the course; and
11
(ii) at the end of the census date, remained so enrolled; and
12
(f) the student
*
meets the tax file number requirements (see
13
section 187-1); and
14
(g) the student has, on or before the census date for the
15
accelerator program course, completed, signed and given to
16
an
*
appropriate officer of the provider a
*
request for
17
Commonwealth assistance in relation to the course; and
18
(h) the student has been assessed by the provider as academically
19
suited to undertake the accelerator program course; and
20
(i) the student has applied to the provider for receipt of
21
SY-HELP assistance in relation to the accelerator program
22
course; and
23
(j) the student meets the
*
student identifier requirements under
24
subsection (4); and
25
(k) the provider has selected the student for receipt of SY-HELP
26
assistance in relation to the accelerator program course (see
27
section 128B-35).
28
(2) Subsection (1) has effect subject to the following provisions:
29
(a) section 128B-5 (multiple courses at same time);
30
(b) section 128B-10 (not a genuine student);
31
(c) section 128B-15 (unreasonable study load);
32
(d) section 128B-20 (overseas campus).
33
Academically suited
34
(3) The assessment for the purposes of paragraph (1)(h) must be done
35
in accordance with any requirements specified in the Higher
36
Startup year
Schedule 1
SY-HELP assistance
Part 1
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
11
Education Provider Guidelines made for the purposes of
1
section 19-42 (assessment of students as academically suited).
2
When a student meets the student identifier requirements
3
(4) A student meets the
*
student identifier requirements under this
4
subsection if:
5
(a) the student has a student identifier immediately before the
6
*
census date; and
7
(b) before the census date, the student notifies the student's
8
student identifier to:
9
(i) an
*
appropriate officer of the higher education provider;
10
and
11
(ii) the
*
Secretary.
12
(5) A notification under paragraph (4)(b) may be included in a
*
request
13
for Commonwealth assistance that the student has given to the
14
higher education provider in relation to the
*
accelerator program
15
course.
16
Definition of request for Commonwealth assistance
17
(6) A
request for Commonwealth assistance
, in relation to a person
18
enrolling in an
*
accelerator program course with a higher education
19
provider, means a document:
20
(a) in which the person requests the Commonwealth to provide
21
assistance under this Act in relation to the course; and
22
(b) that is in the form approved by the Minister.
23
128B-5 No entitlement: multiple courses at same time
24
(1) If, apart from this subsection, a student would be entitled to
25
*
SY-HELP assistance under subsection 128B-1(1) for 2 or more
26
*
accelerator program courses in which the student is enrolled at the
27
same time, the student is entitled to SY-HELP assistance for only
28
the one course selected under subsection (2) of this section.
29
(2) The one course for which the student is entitled is selected by
30
applying either or both of the following principles, as needed:
31
Schedule 1
Startup year
Part 1
SY-HELP assistance
12
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
(a) if the student enrolled at the same time in 2 or more
1
courses--select the course the student elects, in writing, for
2
the purposes of this paragraph;
3
(b) if the student enrolled at different times in 2 or more
4
courses--select the course the student enrolled in first.
5
(3) The SY-HELP Guidelines may prescribe requirements and other
6
matters in relation to elections by students for the purposes of
7
paragraph (2)(a).
8
128B-10 No entitlement: not a genuine student
9
(1) A student is not entitled to
*
SY-HELP assistance for an
10
*
accelerator program course if the
*
Secretary determines that the
11
student is not a genuine student in relation to the course.
12
Note:
A decision under this subsection that a student is not entitled to
13
SY-HELP assistance is reviewable under Part 5-7.
14
(2) In determining whether a student is a genuine student for the
15
purposes of subsection (1), the
*
Secretary must have regard to the
16
matters (if any) specified in the Higher Education Provider
17
Guidelines.
18
(3) If a determination under subsection (1) is made in writing, the
19
determination is not a legislative instrument.
20
128B-15 No entitlement: unreasonable study load
21
(1) A student is not entitled to
*
SY-HELP assistance for an
22
*
accelerator program course (a
new course
) provided, or to be
23
provided, by a higher education provider if the sum of the
24
following amounts is more than 2:
25
(a) the
*
EFTSL value of the new course;
26
(b) the sum of the EFTSL values of each other unit of study:
27
(i) that has a
*
census date during the 12 month period
28
ending on the census date for the new course; and
29
(ii) for which the person is entitled to
*
HECS-HELP
30
assistance or
*
FEE-HELP assistance, or would be so
31
entitled but for the previous operation of this section, or
32
section 36-12, in relation to the other unit of study;
33
Startup year
Schedule 1
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Part 1
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
13
(c) the sum of the EFTSL values of each other accelerator
1
program course:
2
(i) that has a census date during the 12 month period
3
ending on the census date for the new course; and
4
(ii) for which the person is entitled to SY-HELP assistance,
5
or would be so entitled but for the previous operation of
6
this section in relation to the other accelerator program
7
course.
8
(2) Subsection (1) does not apply if the higher education provider
9
determines that undertaking the new course will not impose an
10
unreasonable study load on the person, having regard to:
11
(a) whether the person has the demonstrated capacity and
12
capability to successfully complete courses of study or
13
*
accelerator program courses that have a combined total
14
*
EFTSL value of more than 2; and
15
(b) the matters (if any) specified by the Higher Education
16
Provider Guidelines for the purposes of this paragraph.
17
Note:
A decision under this subsection that undertaking a new accelerator
18
program course will impose an unreasonable study load on a student is
19
reviewable under Part 5-7.
20
(3) A decision of a higher education provider under subsection (2)
21
must be in accordance with the Higher Education Provider
22
Guidelines.
23
(4) If a determination under subsection (2) is made in writing, the
24
determination is not a legislative instrument.
25
(5) If a higher education provider is unable to act for one or more of
26
the purposes of this section, the
*
Secretary may act as if one or
27
more of the references in this section to the provider were a
28
reference to the Secretary.
29
128B-20 No entitlement: overseas campus
30
A student is not entitled to
*
SY-HELP assistance for an
31
*
accelerator program course if the course is, or is to be, undertaken
32
by the student primarily at an overseas campus.
33
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Part 1
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14
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
128B-25 Accelerator program course
1
(1) An
accelerator program course
is a structured and integrated
2
program of education and mentoring that:
3
(a) is designed to develop a person's skills, capabilities and
4
connections for the purposes of startup businesses; and
5
(b) meets the requirements in subsection (2).
6
(2) The requirements are that:
7
(a) the course leads to the award of a qualification accredited by
8
the higher education provider under subsection (3); and
9
(b) the course has an
*
EFTSL value of at least 0.5 EFTSL and no
10
more than one EFTSL; and
11
(c) any other requirements set out in the SY-HELP Guidelines
12
are met.
13
(3) For the purposes of paragraph (2)(a), a higher education provider
14
may self-accredit a qualification as being integral to the
15
development of startup businesses, if the provider is:
16
(a) registered under the
*
TEQSA Act in the provider category
17
"Australian University" or "University College"; and
18
(b) authorised under that Act to self-accredit some or all of its
19
courses of study.
20
(4) In self-accrediting the qualification, the higher education provider
21
must, as far as practicable, apply the same procedures it applies
22
when self-accrediting a
*
course of study.
23
128B-30 Citizenship or residency requirements
24
(1) A student meets the citizenship or residency requirements under
25
this section in relation to an
*
accelerator program course if the
26
student is:
27
(a) an Australian citizen; or
28
(b) a
*
permanent humanitarian visa holder, or an
*
eligible former
29
permanent humanitarian visa holder, who will be resident in
30
Australia for the duration of the accelerator program course.
31
(2) In determining, for the purposes of paragraph (1)(b), whether the
32
student will be resident in Australia for the duration of the
33
Startup year
Schedule 1
SY-HELP assistance
Part 1
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
15
*
accelerator program course, disregard any period of residence
1
outside Australia that:
2
(a) cannot reasonably be regarded as indicating an intention to
3
reside outside Australia for the duration of the accelerator
4
program course; or
5
(b) is required for the purpose of completing a requirement of the
6
accelerator program course.
7
(3) A student also meets the citizenship or residency requirements
8
under this section in relation to an
*
accelerator program course if
9
the student:
10
(a) is a New Zealand citizen who will be resident in Australia for
11
the duration of the accelerator program course; and
12
(b) holds a special category visa under the
Migration Act 1958
;
13
and
14
(c) both:
15
(i) first began to be usually resident in Australia at least 10
16
years before the day referred to in subsection (4) (the
17
test day
); and
18
(ii) was a
*
dependent child when the student first began to
19
be usually resident in Australia; and
20
(d) has been in Australia for a period of, or for periods totalling,
21
8 years during the 10 years immediately before the test day;
22
and
23
(e) has been in Australia for a period of, or for periods totalling,
24
18 months during the 2 years immediately before the test
25
day.
26
(4) In determining, for the purpose of paragraph (3)(a), whether the
27
student will be resident in Australia for the duration of the
28
*
accelerator program course, disregard any period of residence
29
outside Australia that:
30
(a) cannot reasonably be regarded as indicating an intention to
31
reside outside Australia for the duration of the accelerator
32
program course; or
33
(b) is required for the purpose of completing a requirement of the
34
accelerator program course.
35
(5) For the purposes of subsection (3), the day is the earlier of:
36
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(a) if the student has previously made a successful
*
request for
1
Commonwealth assistance under this Chapter for a unit that
2
forms part of a
*
course of study, or for another
*
accelerator
3
program course--the day the student first made such a
4
request; or
5
(b) otherwise--the day the student made the request for
6
Commonwealth assistance in relation to the accelerator
7
program course.
8
(6) Despite subsections (1), (2) and (3), a student does not meet the
9
citizenship or residency requirements in relation to an
*
accelerator
10
program course if the higher education provider reasonably expects
11
that the student will not undertake in Australia any of the
12
accelerator program course.
13
128B-35 Selection of students for receipt of SY-HELP assistance
14
(1) The SY-HELP Guidelines may set out principles and procedures
15
that higher education providers must follow in deciding whether to
16
select persons for receipt of
*
SY-HELP assistance.
17
(2) Any decision by a higher education provider whether to select a
18
person for receipt of
*
SY-HELP assistance must be made in
19
accordance with the SY-HELP Guidelines.
20
(3) Without limiting the matters that may be included in the SY-HELP
21
Guidelines made for the purposes of subsection (2), those
22
guidelines may deal with:
23
(a) the number of its students whom higher education providers
24
may select for receipt of
*
SY-HELP assistance; or
25
(b) how that number is to be determined.
26
Division 128C--How are amounts of SY-HELP assistance
27
worked out?
28
128C-1 The amount of SY-HELP assistance for an accelerator
29
program course
30
The amount of
*
SY-HELP assistance to which a student is entitled
31
for an
*
accelerator program course is the difference between:
32
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(a) the student's
*
accelerator program course fee for the course;
1
and
2
(b) the sum of any
*
up-front payments made in relation to the
3
course.
4
128C-5 Up-front payments
5
(1) An
up-front payment
, in relation to an
*
accelerator program course
6
for which a student is liable to pay an
*
accelerator program course
7
fee, is a payment of all or part of the student's accelerator program
8
course fee for the course, other than a payment of
*
SY-HELP
9
assistance under this Part.
10
(2) The payment must be made on or before the
*
census date for the
11
course.
12
128C-10 Maximum accelerator program course fee
13
(1) A person's
*
accelerator program course fee, for an
*
accelerator
14
program course, must not exceed:
15
(a) for a course that has an
*
EFTSL value of one EFTSL--the
16
*
maximum student contribution amount specified, in item 4
17
of the table in section 93-10, for a place for a
18
*
non-grandfathered student in a unit of study in Medicine,
19
Dentistry or Veterinary Science; or
20
(b) for a course that has an EFTSL value of less than one
21
EFTSL--the amount worked out as follows:
22
The amount mentioned
The EFTSL value of the
in paragraph (a)
accelerator program course
ï‚´
23
(2) If an amount worked out by using the formula in subsection (1) is
24
an amount made up of dollars and cents, round the amount down to
25
the nearest dollar.
26
Division 128D--How are amounts of SY-HELP assistance
27
paid?
28
Note:
Part 5-1 deals generally with payments by the Commonwealth under this Act.
29
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128D-1 Payments to higher education providers
1
If a student is entitled to an amount of
*
SY-HELP assistance for an
2
*
accelerator program course in which the student is enrolled with a
3
higher education provider, the Commonwealth must:
4
(a) as a benefit to the student, lend to the student the amount of
5
SY-HELP assistance; and
6
(b) pay to the provider the amount lent in discharge of the
7
student's liability to pay the student's
*
accelerator program
8
course fee for the course.
9
128D-5 Repayment by higher education provider if SY-HELP
10
assistance is reversed
11
If an amount of
*
SY-HELP assistance that a person received for an
12
*
accelerator program course is
*
reversed under Division 128E, the
13
higher education provider must:
14
(a) pay to the Commonwealth an amount equal to the amount (if
15
any) that was paid to the provider for the course under
16
section 128D-1; and
17
(b) pay to the person an amount equal to the payment, or the sum
18
of the payments, that the person made in relation to the
19
person's
*
accelerator program course fee for the course.
20
128D-10 Implications of reversal for person's liability to higher
21
education provider for accelerator program course fee
22
If an amount of
*
SY-HELP assistance received by a person for an
23
*
accelerator program course is
*
reversed under Division 128E, the
24
person is discharged from all liability to pay or account for so
25
much of the person's
*
accelerator program course fee for the
26
course as is equal to that amount.
27
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Division 128E--Reversal of SY-HELP assistance
1
Subdivision 128E-A--Reversal in special circumstances
2
128E-1 Reversal of SY-HELP assistance: special circumstances
3
(1) A higher education provider must, on the
*
Secretary's behalf,
4
determine that this section applies to a person, in relation to an
5
amount of
*
SY-HELP assistance that the person received for an
6
*
accelerator program course with the provider, if:
7
(a) the person has been enrolled in the accelerator program
8
course with the provider; and
9
(b) the person has not completed the requirements for the
10
accelerator program course during the period during which
11
the person undertook, or was to undertake, the course; and
12
(c) the provider is satisfied that special circumstances apply to
13
the person (see section 128E-5); and
14
(d) the person applies in writing to the provider for either or both
15
of the following:
16
(i) the repayment of any amounts that the person paid in
17
relation to the person's
*
accelerator program course fee;
18
(ii) the remission of the person's
*
SY-HELP debt in relation
19
to the accelerator program course; and
20
(e) either:
21
(i) the application is made before the end of the application
22
period under section 128E-10; or
23
(ii) the provider waives the requirement that the application
24
be made before the end of that period, on the ground
25
that it would not be, or was not, possible for the
26
application to be made before the end of that period.
27
Note:
A decision that this section does not apply to a person is reviewable
28
under Part 5-7.
29
(2) If the provider determines that this section applies to the person in
30
relation to the amount of assistance, the amount is
reversed
.
31
Note:
For the consequences if an amount of assistance is reversed, see
32
sections 128D-5, 128D-10 and 137-17. See also
33
paragraph 128B-1(1)(c).
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(3) If the provider is unable to act for one or more of the purposes of
1
this Subdivision, the
*
Secretary may act as if one or more of the
2
references in this Subdivision to the provider were a reference to
3
the Secretary.
4
128E-5 Special circumstances
5
(1) For the purposes of paragraph 128E-1(1)(c), special circumstances
6
apply to the person if and only if the higher education provider
7
receiving the application is satisfied that circumstances apply to the
8
person that:
9
(a) are beyond the person's control; and
10
(b) do not make their full impact on the person until on or after
11
the
*
census date for the
*
accelerator program course; and
12
(c) make it impracticable for the person to complete the
13
requirements for the course in the period during which the
14
person undertook, or was to undertake, the course.
15
(2) If the Administration Guidelines specify circumstances in which a
16
higher education provider will be satisfied of a matter referred to in
17
paragraph 36-21(1)(a), (b) or (c), any decision of a higher
18
education provider under this section must be in accordance with
19
any such guidelines.
20
Note:
The matters referred to in paragraphs 36-21(1)(a), (b) and (c) (which
21
relate to special circumstances that apply to repaying a student
22
contribution amount or an amount of HECS-HELP assistance) are
23
identical to the matters referred to in paragraphs (1)(a), (b) and (c) of
24
this section.
25
128E-10 Application period
26
(1) If:
27
(a) the person applying under paragraph 128E-1(1)(d) in relation
28
to an amount of
*
SY-HELP assistance for an
*
accelerator
29
program course has withdrawn their enrolment in the course;
30
and
31
(b) the higher education provider gives notice to the person that
32
the withdrawal has taken effect;
33
the application period for the application is the period of 12 months
34
after the day specified in the notice as the day the withdrawal takes
35
effect.
36
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(2) If subsection (1) does not apply, the application period for the
1
application is the period of 12 months after the end of the period
2
during which the person undertook, or was to undertake, the
3
course.
4
128E-15 Dealing with applications
5
(1) If:
6
(a) the application is made under paragraph 128E-1(1)(d) before
7
the end of the relevant application period; or
8
(b) the higher education provider waives the requirement that the
9
application be made before the end of that period, on the
10
ground that it would not be, or was not, possible for the
11
application to be made before the end of that period;
12
the provider must, as soon as practicable, consider the matter to
13
which the application relates and notify the applicant of the
14
decision on the application.
15
(2) The notice must include a statement of the reasons for the decision.
16
Subdivision 128E-B--Reversal in other circumstances
17
128E-20 Reversal of SY-HELP assistance: no tax file number
18
An amount of
*
SY-HELP assistance that a person received for an
19
*
accelerator program course with a higher education provider is
20
reversed
if:
21
(a) the person has been enrolled in the accelerator program
22
course with the provider; and
23
(b) subsection 193-20(1) (no entitlement to SY-HELP assistance
24
for students without tax file numbers) applies to the person in
25
relation to the course.
26
Note:
For the consequences if an amount of assistance is reversed, see
27
sections 128D-5, 128D-10 and 137-17. See also
28
paragraph 128B-1(1)(c).
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128E-25 Reversal of SY-HELP assistance: higher education
1
provider completes request for assistance
2
An amount of
*
SY-HELP assistance that a person received for an
3
*
accelerator program course with a higher education provider is
4
reversed
if the provider completes any part of the
*
request for
5
Commonwealth assistance in relation to the course that the person
6
is required to complete.
7
Note:
For the consequences if an amount of assistance is reversed, see
8
sections 128D-5, 128D-10 and 137-17. See also
9
paragraph 128B-1(1)(c).
10
128E-30 Reversal of SY-HELP assistance: no entitlement
11
An amount of
*
SY-HELP assistance that a person received for an
12
*
accelerator program course with a higher education provider is
13
reversed
if the
*
Secretary is satisfied that the person was not
14
entitled to receive SY-HELP assistance for the course with the
15
provider.
16
Note:
For the consequences if an amount of assistance is reversed, see
17
sections 128D-5, 128D-10 and 137-17. See also
18
paragraph 128B-1(1)(c).
19
128E-35 Reversal of SY-HELP assistance: no assessment of whether
20
academically suited
21
An amount of
*
SY-HELP assistance that a person received for an
22
*
accelerator program course with a higher education provider is
23
reversed
if the person has not been assessed by the provider as
24
academically suited to undertake the course.
25
26 Section 134-1
26
Omit "or SA-HELP assistance", substitute ", SA-HELP assistance or
27
SY-HELP assistance".
28
27 After paragraph 137-1(ca)
29
Insert:
30
(cb)
*
SY-HELP debts;
31
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28 After section 137-16
1
Insert:
2
137-17 SY-HELP debts
3
Incurring SY-HELP debts
4
(1) A person incurs a debt to the Commonwealth if, under
5
section 128D-1, the Commonwealth:
6
(a) makes a loan to the person; and
7
(b) uses the amount lent to make a payment in discharge of the
8
person's liability to pay an
*
accelerator program course fee
9
for an
*
accelerator program course.
10
The debt is a
SY-HELP debt
.
11
(2) The amount of the
*
SY-HELP debt is the amount of the loan.
12
When SY-HELP debts are incurred
13
(3) A
*
SY-HELP debt is taken to have been incurred by a person
14
immediately after the
*
census date for the course, whether or not
15
the Commonwealth has made a payment in respect of the person's
16
*
accelerator program course fee for the course.
17
Remission of SY-HELP debts
18
(4) A person's
*
SY-HELP debt in relation to an
*
accelerator program
19
course is taken to be remitted if an amount of
*
SY-HELP
20
assistance that a person received for the course is
*
reversed under
21
Division 128E.
22
29 Subsection 140-5(1) (method statement, after
23
paragraph (ea) of step 2)
24
Insert:
25
(eb)
*
SY-HELP assistance for an
*
accelerator program
26
course provided by one particular higher education
27
provider; or
28
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30 Subsection 140-5(1) (method statement, step 2, note)
1
After "(ea),", insert "(eb),".
2
31 Subsection 140-25(1A) (method statement, after
3
paragraph (ea) of step 1)
4
Insert:
5
(eb)
*
SY-HELP assistance for an
*
accelerator program
6
course provided by one particular higher education
7
provider; or
8
32 Subsection 140-25(1A) (method statement, step 1, note)
9
After "(ea),", insert "(eb),".
10
33 Subparagraph 154-55(1)(a)(iii)
11
Omit "period; and", substitute "period;".
12
34 At the end of paragraph 154-55(1)(a)
13
Add:
14
(iv)
*
SY-HELP assistance for an
*
accelerator program
15
course; and
16
35 After subsection 169-5(1)
17
Insert:
18
(1A) A higher education provider must also give such notices as are
19
required by the Administration Guidelines to a person:
20
(a) who is enrolled with the provider for an
*
accelerator program
21
course; and
22
(b) who is seeking Commonwealth assistance under this Act for
23
the accelerator program course or for a
*
student services and
24
amenities fee imposed on the person by the provider.
25
36 After section 169-15
26
Insert:
27
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169-16 Charging accelerator program course fees
1
(1) A higher education provider:
2
(a) must require any
*
domestic student who is enrolling in an
3
*
accelerator program course with the provider to pay to the
4
provider the student's
*
accelerator program course fee for the
5
course; and
6
(b) must not require any domestic student to pay any other
*
fee
7
for the course.
8
(2) However, a higher education provider must repay to a person any
9
payment of the person's
*
accelerator program course fee for an
10
*
accelerator program course that the person made on or before the
11
*
census date for the course if the person is no longer enrolled in the
12
course at the end of the census date.
13
Note:
Other provisions about accelerator program course fees are set out in
14
Subdivision 19-F and Part 3-7.
15
37 After section 169-17
16
Insert:
17
169-18 Requirements relating to withdrawal from accelerator
18
program courses
19
(1) The Higher Education Provider Guidelines may prescribe
20
requirements to be complied with by higher education providers in
21
relation to student withdrawal from
*
accelerator program courses.
22
(2) Without limiting subsection (1), the Higher Education Provider
23
Guidelines may:
24
(a) require that fees (however described) must not be charged by
25
higher education providers for withdrawal, either generally or
26
in specified circumstances; or
27
(b) specify requirements to be met in relation to re-enrolment
28
after withdrawal; or
29
(c) specify requirements in relation to processes and procedures
30
for dealing with student withdrawal from
*
accelerator
31
program courses.
32
(3) A higher education provider contravenes this subsection if:
33
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(a) the provider is subject to a requirement under this section;
1
and
2
(b) the provider fails to comply with the requirement.
3
Civil penalty:
120 penalty units.
4
38 After subsection 169-25(1)
5
Insert:
6
(1A) A higher education provider must, for any
*
accelerator program
7
course it provides or proposes to provide during a period
8
ascertained in accordance with the Administration Guidelines,
9
determine, for that period:
10
(a) a particular date to be the
*
census date for the course; and
11
(b) the
*
EFTSL value for the course.
12
39 Subsection 169-25(2)
13
After "(1)(a)", insert "or (1A)(a)".
14
40 Paragraphs 169-25(3)(a) and (b)
15
After "for the unit", insert "or course".
16
41 Subsection 169-25(4)
17
After "for the unit" (wherever occurring), insert "or course".
18
42 Subsection 169-27(1)
19
Repeal the subsection, substitute:
20
(1) An
EFTSL
is an equivalent full-time student load. It is a measure
21
of the study load:
22
(a) in respect of a
*
course of study--for a year, of a student
23
undertaking that course of study on a full-time basis; or
24
(b) in respect of an
*
accelerator program course--for the period
25
of the accelerator program course, of a student undertaking
26
that course on a full-time basis.
27
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43 Subsection 169-27(2)
1
Omit "A particular amount of EFTSL is an amount of study, undertaken
2
with a higher education provider as part of a
*
course of study",
3
substitute "For the purposes of a
*
course of study, a particular amount
4
of EFTSL is an amount of study, undertaken with a higher education
5
provider as part of the course".
6
44 Before subsection 169-28(1)
7
Insert:
8
EFTSL value of a unit of study
9
45 After subsection 169-28(3)
10
Insert:
11
EFTSL value of an accelerator program course
12
(3A) The
EFTSL value
of an
*
accelerator program course is the value
13
that the higher education provider with which the course may be
14
undertaken determines in writing to be the EFTSL value of the
15
course, expressed as one
*
EFTSL or a fraction of one EFTSL.
16
Determinations to be in accordance with Administration
17
Guidelines
18
46 At the end of section 169-30
19
Add:
20
(3) In communications under, or for the purposes of, this Act between
21
the Commonwealth and a higher education provider concerning a
22
person who:
23
(a) is enrolled, or seeking to enrol, in an
*
accelerator program
24
course with the provider; and
25
(b) has indicated that the person is seeking Commonwealth
26
assistance under this Act for the accelerator program course;
27
the provider must use any identifier for that person that the
28
*
Secretary has indicated must be used in such communications.
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47 Paragraph 169-35(1)(a)
1
After "for a unit of study", insert "or an
*
accelerator program course".
2
48 Subsection 187-1(1)
3
After "Australia,", insert "or in an
*
accelerator program course,".
4
49 Subsection 187-1(1AA)
5
Repeal the subsection, substitute:
6
(1AA) Compliance by a person with subsection (1) in relation to a
*
course
7
of study, or an
*
accelerator program course, is to be ignored in
8
determining whether there has been compliance by the person with
9
subsection (1) in relation to any other course of study or
10
accelerator program course.
11
50 After subsection 187-1(2)
12
Insert:
13
(2A) If the student is seeking
*
SY-HELP assistance for an
*
accelerator
14
program course, the student does not meet the tax file number
15
requirements for the assistance unless the student complies with
16
subsection (1) on or before the
*
census date for the accelerator
17
program course.
18
51 Subsection 187-1(3)
19
After "paragraph (1)(a)", insert ", from a student enrolled or proposing
20
to enrol in a unit of study,".
21
52 After subsection 187-1(3)
22
Insert:
23
(3AA) A notification under paragraph (1)(a), from a student enrolled or
24
proposing to enrol in an
*
accelerator program course, may be
25
included in a
*
request for Commonwealth assistance, except a
26
request for Commonwealth assistance relating to a
*
student
27
services and amenities fee, that the student has given to the
28
provider in relation to the accelerator program course.
29
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53 Subsection 187-1(3B)
1
After "professionals", insert ", or in an
*
accelerator program course,".
2
54 Subsection 187-1(3C)
3
Repeal the subsection, substitute:
4
(3C) Compliance by a person with subsection (3B) in relation to the
5
person's actual or proposed enrolment in a
*
course of study or
6
*
bridging course for overseas-trained professionals, or an
7
*
accelerator program course, is to be ignored in determining
8
whether there has been compliance by the person with
9
subsection (3B) in relation to the person's actual or proposed
10
enrolment in another such course or bridging course or accelerator
11
program course.
12
55 At the end of subsection 187-1(3E)
13
Add ", or in the
*
accelerator program course".
14
56 Subsections 190-1(1) and 190-5(1)
15
After "of study", insert ", or an
*
accelerator program course,".
16
57 Subsection 190-20(1)
17
After "of study,", insert "or an
*
accelerator program course,".
18
58 Paragraph 193-1(4A)(a)
19
After "professionals", insert ", or an
*
accelerator program course".
20
59 Paragraph 193-1(4A)(c)
21
Omit "course or bridging course", substitute "course or courses
22
concerned".
23
60 After subsection 193-1(4B)
24
Insert:
25
Requests for SY-HELP assistance
26
(4C) A higher education provider must notify a person in writing how to
27
*
meet the tax file number requirements if:
28
Schedule 1
Startup year
Part 1
SY-HELP assistance
30
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
(a) the person is enrolled in an
*
accelerator program course with
1
the provider; and
2
(b) the person has, on or before the
*
census date for the
3
accelerator program course, completed, signed and given to
4
the
*
appropriate officer of the provider a
*
request for
5
Commonwealth assistance in relation to the course; and
6
(c) in that request, the person requests
*
SY-HELP assistance for
7
the course; and
8
(d) the request does not include a number that purports to be the
9
person's
*
tax file number.
10
(4D) The provider must notify the person under subsection (4C):
11
(a) on or before the
*
census date for the
*
accelerator program
12
course; or
13
(b) within 7 days after the person gives the provider the
*
request
14
for Commonwealth assistance;
15
whichever is earlier.
16
61 Paragraph 193-1(5)(a)
17
Omit "or
*
SA-HELP assistance", substitute ",
*
SA-HELP assistance or
18
*
SY-HELP assistance".
19
62 At the end of Division 193 of Part 5-5
20
Add:
21
193-20 No entitlement to SY-HELP assistance for students without
22
tax file numbers
23
(1) This subsection applies to a person in relation to an
*
accelerator
24
program course if:
25
(a) the person is enrolled with a higher education provider in the
26
course; and
27
(b) the provider receives notice under section 190-15 or 190-20
28
to the effect that the person does not have, or no longer has, a
29
*
tax file number; and
30
(c) at the end of 28 days after the provider receives that notice,
31
the provider has not been notified of a number that the
32
provider is satisfied (in accordance with subsection (2)) is a
33
valid tax file number; and
34
Startup year
Schedule 1
SY-HELP assistance
Part 1
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
31
(d) the person is entitled to
*
SY-HELP assistance for the course
1
(ignoring paragraph 128B-1(1)(f)).
2
Note:
If this section applies then the amount of the SY-HELP assistance is
3
reversed (see section 128E-20). For the consequences if an amount of
4
assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See
5
also paragraph 128B-1(1)(c).
6
(2) A higher education provider must, in deciding whether it is
7
satisfied that a number is a valid
*
tax file number for the purposes
8
of paragraph (1)(c), comply with the guidelines issued by the
9
*
Commissioner under subsection 187-1(4).
10
(3) A higher education provider must comply with any requirements,
11
set out in guidelines issued by the
*
Commissioner, relating to
12
procedures for informing persons of the need to obtain a valid
*
tax
13
file number, where the persons may be affected by subsection (1)
14
applying to them.
15
(4) A guideline issued under subsection (3) is a legislative instrument.
16
63 Section 206-1 (after table item 2A)
17
Insert:
18
19
2AA
A
A decision that a
student is not a genuine
student in relation to an
*
accelerator program
course
section 128B-10
the
*
Secretary
2AA
B
A decision that
undertaking an
*
accelerator program
course will impose an
unreasonable study
load on a student
subsection 128B-15(2)
(a) the higher
education
provider with
whom the student
is enrolled in the
accelerator
program course;
or
(b) if the
*
Secretary
made the
decision--the
Secretary
Schedule 1
Startup year
Part 1
SY-HELP assistance
32
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
2AA
C
A decision that
section 128E-1 does
not apply to a person
subsection 128E-1(1)
(a) the higher
education
provider with
whom the student
is enrolled in the
*
accelerator
program course;
or
(b) if the
*
Secretary
made the
decision that the
section does not
apply--the
Secretary
1
64 Subsection 238-10(1) (table item 6, column headed
2
"Provision")
3
Omit "section 169-17", substitute "section 169-17; section 169-18".
4
65 Subsection 238-10(1) (after table item 7)
5
Insert:
6
7A
SY-HELP Guidelines
Part 3-7
66 Subclause 1(1) of Schedule 1
7
Insert:
8
accelerator program course
has the meaning given by
9
subsection 128B-25(1).
10
accelerator program course fee
has the meaning given by
11
subsection 19-92(3).
12
67 Subclause 1(1) of Schedule 1 (subparagraph (a)(i) of the
13
definition of census date)
14
Omit "section 169-25", substitute "subsection 169-25(1)".
15
68 Subclause 1(1) of Schedule 1 (after paragraph (a) of the
16
definition of census date)
17
Insert:
18
Startup year
Schedule 1
SY-HELP assistance
Part 1
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
33
(aa) for an
*
accelerator program course for a period ascertained in
1
accordance with the Administration Guidelines, means the
2
date determined for that period under subsection 169-25(1A);
3
and
4
69 Subclause 1(1) of Schedule 1 (definition of EFTSL value)
5
Repeal the definition, substitute:
6
EFTSL value
:
7
(a) of a unit of study--has the meaning given by
8
subsection 169-28(1); or
9
(b) of an
*
accelerator program course--has the meaning given
10
by subsection 169-28(3A).
11
70 Subclause 1(1) of Schedule 1 (after paragraph (a) of the
12
definition of enrolled)
13
Insert:
14
(aa) a person
enrolled
in an
*
accelerator program course includes
15
a person undertaking the accelerator program course; and
16
71 Subclause 1(1) of Schedule 1 (paragraph (ba) of the
17
definition of request for Commonwealth assistance)
18
After "professionals", insert ", or an
*
accelerator program course".
19
72 Subclause 1(1) of Schedule 1 (after paragraph (ba) of the
20
definition of request for Commonwealth assistance)
21
Insert:
22
(bb) in relation to a person enrolling in an accelerator program
23
course--has the meaning given by subsection 128B-1(6); and
24
73 Subclause 1(1) of Schedule 1
25
Insert:
26
reversed
: see the following provisions for when an amount of
27
*
SY-HELP assistance that a person received for an
*
accelerator
28
program course with a higher education provider is
reversed
:
29
(a) subsection 128E-1(2) (special circumstances);
30
(b) section 128E-20 (no tax file number);
31
Schedule 1
Startup year
Part 1
SY-HELP assistance
34
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
(c) section 128E-25 (provider completes request for assistance);
1
(d) section 128E-30 (no entitlement);
2
(e) section 128E-35 (no assessment of whether academically
3
suited).
4
74 Subclause 1(1) of Schedule 1 (after paragraph (a) of the
5
definition of student)
6
Insert:
7
(aa) a person who is enrolled in an
*
accelerator program course;
8
or
9
75 Subclause 1(1) of Schedule 1
10
Insert:
11
SY-HELP assistance
means assistance payable under Part 3-7.
12
SY-HELP debt
has the meaning given by section 137-17.
13
76 Subclause 1(1) of Schedule 1 (definition of up-front
14
payment)
15
Repeal the definition, substitute:
16
up-front payment
:
17
(a) in relation to a unit of study, has the meaning given by
18
section 93-15 or 107-5; or
19
(b) in relation to an
*
accelerator program course, has the
20
meaning given by section 128C-5.
21
Startup year
Schedule 1
Student payments
Part 2
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
35
Part 2--Student payments
1
Social Security Act 1991
2
77 Subsection 23(1)
3
Insert:
4
accelerator program course
has the same meaning as in the
5
Higher Education Support Act 2003
.
6
SY-HELP assistance
has the same meaning as in the
Higher
7
Education Support Act 2003
.
8
78 After paragraph 541B(1)(c)
9
Insert:
10
(ca) if the course is an accelerator program course or a combined
11
course that includes an accelerator program course--the
12
person is entitled to SY-HELP assistance for the accelerator
13
program course; and
14
79 Paragraph 541B(1)(d)
15
Before "in the Secretary's opinion", insert "if the course is a combined
16
course or a course other than an accelerator program course--".
17
80 Subsection 541B(1) (note)
18
After "Note", insert "1".
19
81 At the end of subsection 541B(1)
20
Add:
21
Note 2:
For combined courses, see the legislative instrument made under
22
section 5D of the
Student Assistance Act 1973
.
23
82 After paragraph 569A(b)
24
Insert:
25
(ba) if the course is an accelerator program course or a combined
26
course that includes an accelerator program course--the
27
Schedule 1
Startup year
Part 2
Student payments
36
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
person is entitled to SY-HELP assistance for the accelerator
1
program course; and
2
83 Paragraph 569A(d)
3
Before "the person", insert "if the course is a combined course or a
4
course other than an accelerator program course--".
5
84 Section 569A (note)
6
After "Note", insert "1".
7
85 At the end of section 569A
8
Add:
9
Note 2:
For combined courses, see the legislative instrument made under
10
section 5D of the
Student Assistance Act 1973
.
11
86 After subsection 569H(2)
12
Insert:
13
Combined course including accelerator program course
14
(2A) If the tertiary course is a combined course that combines an
15
accelerator program course with a course at a particular level, the
16
references in subsections (1) and (2) to other tertiary courses at the
17
same level is a reference to other tertiary courses at that particular
18
level.
19
Note 1:
For combined courses, see the legislative instrument made under
20
section 5D of the
Student Assistance Act 1973
.
21
Note 2:
This section does not apply if the tertiary course is an accelerator
22
program course that is not part of a combined course: see
23
paragraph 569A(d).
24
87 After subsection 592N(1)
25
Insert:
26
(1A) To avoid doubt, a course of study or instruction includes an
27
accelerator program course.
28
88 After paragraph 1061PB(1)(b)
29
Insert:
30
Startup year
Schedule 1
Student payments
Part 2
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
37
(ba) if the course is an accelerator program course or a combined
1
course that includes an accelerator program course--the
2
person is entitled to SY-HELP assistance for the accelerator
3
program course; and
4
89 Paragraph 1061PB(1)(d)
5
Before "the person", insert "if the course is a combined course or a
6
course other than an accelerator program course--".
7
90 At the end of subsection 1061PB(1)
8
Add:
9
Note:
For combined courses, see the legislative instrument made under
10
section 5D of the
Student Assistance Act 1973
.
11
91 After subsection 1061PI(2)
12
Insert:
13
Combined course including accelerator program course
14
(2A) If the tertiary course is a combined course that combines an
15
accelerator program course with a course at a particular level, the
16
references in subsections (1) and (2) to other tertiary courses at the
17
same level is a reference to other tertiary courses at that particular
18
level.
19
Note 1:
For combined courses, see the legislative instrument made under
20
section 5D of the
Student Assistance Act 1973
.
21
Note 2:
This section does not apply if the tertiary course is an accelerator
22
program course that is not part of a combined course: see
23
paragraph 1061PB(1)(d).
24
Social Security (Administration) Act 1999
25
92 Paragraph 195(2)(i)
26
After "course of study", insert "(including an accelerator program
27
course)".
28
93 At the end of paragraph 195(2)(i)
29
Add:
30
Schedule 1
Startup year
Part 2
Student payments
38
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
; and (xix) if the course is an accelerator program course--whether
1
the person is entitled to SY-HELP assistance for the
2
course;
3
Student Assistance Act 1973
4
94 After subsection 5D(1)
5
Insert:
6
(1A) To avoid doubt, a course of study or instruction includes an
7
accelerator program course (within the meaning of the
Higher
8
Education Support Act 2003
).
9
95 Application provision
10
The amendments made by this Part apply in relation to working out if a
11
person is qualified for any allowance, payment, supplement or loan in
12
respect of days occurring on or after the commencement of this Part
13
(whether or not the person first qualified for that allowance, payment,
14
supplement or loan before that commencement).
15
Australian Research Council
Schedule 2
No. , 2023
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
39
Schedule 2--Australian Research Council
1
2
Australian Research Council Act 2001
3
1 At the end of subsection 48(2)
4
Add:
5
; (v) the financial year starting on 1 July 2025.
6
2 Paragraph 49(w)
7
Omit "$815,288,000", substitute "$831,594,000".
8
3 Paragraph 49(x)
9
Omit "$812,207,000", substitute "$851,414,000".
10
4 Paragraph 49(y)
11
Omit "$811,169,000", substitute "$871,694,000".
12
5 At the end of section 49
13
Add:
14
; and (z) for the financial year starting on 1 July 2025--$893,036,000.
15
Schedule 3
Avondale University
40
Education Legislation Amendment (Startup Year and Other Measures)
Bill 2023
No. , 2023
Schedule 3--Avondale University
1
2
Higher Education Support Act 2003
3
1 Subsection 16-20(1) (table)
4
Before:
5
6
Bond University Limited
insert:
7
8
Avondale University
2 Application provision
9
The amendment made by this Schedule has effect:
10
(a) in relation to the making of grants--on and after 1 January
11
2024; and
12
(b) otherwise--on and after the day the amendment commences.
13