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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Higher Education
Funding Amendment Bill (No. 1) 1996
No.
, 1996
(Employment, Education and
Training)
A Bill for an Act to amend the
Higher Education Funding Act 1988, and for related
purposes
Contents
A Bill for an Act to
amend the Higher Education Funding Act 1988,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Higher Education Funding Amendment Act
(No. 1) 1996.
(1) Subject to subsection (2), this Act commences on the day on which it
receives the Royal Assent.
(2) Items 20 to 26, 29 to 39, 42 to 50 and 52 of Schedule 1 commence on 1
January 1997.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Section 3 (paragraph (b) of the definition of
qualified accountant)
Omit “Australian Society of Accountants”, substitute
“Australian Society of Certified Practising Accountants”.
2 Subsection 4(1)
Repeal the subsection, substitute:
(1) Subject to this section, in this Act, unless the contrary intention
appears:
institution means any of the institutions of higher education
specified in the following tables:
|
Table A |
|---|
|
Australian Catholic University |
|
Charles Sturt University |
|
Southern Cross University |
|
Macquarie University |
|
The University of New England |
|
The University of New South Wales |
|
The University of Newcastle |
|
The University of Sydney |
|
University of Technology, Sydney |
|
University of Western Sydney |
|
University of Wollongong |
|
Deakin University |
|
La Trobe University |
|
Monash University |
|
Royal Melbourne Institute of Technology |
|
Swinburne University of Technology |
|
The University of Melbourne |
|
University of Ballarat |
|
Victoria University of Technology |
|
Central Queensland University |
|
Griffith University |
|
James Cook University of North Queensland |
|
Queensland University of Technology |
|
The University of Queensland |
|
University of Southern Queensland |
|
Curtin University of Technology |
|
Edith Cowan University |
|
Murdoch University |
|
The University of Western Australia |
|
The Flinders University of South Australia |
|
The University of Adelaide |
|
University of South Australia |
|
University of Tasmania |
|
Batchelor College |
|
Northern Territory University |
|
Australian Maritime College |
|
The Australian National University |
|
University of Canberra |
|
Table B |
|---|
|
Avondale College |
|
Marcus Oldham College |
3 Paragraphs 17(h), (i) and
(j)
Repeal the paragraphs, substitute:
(h) in the case of the year 1996—$3,803,406,000; and
(i) in the case of the year 1997—$3,855,623,000; and
(j) in the case of the year 1998—$3,860,016,000.
4 Paragraph 18(1)(f)
Repeal the paragraph, substitute:
(f) the institution gives to the Minister, not later than 30 June next
following that year, a financial statement in respect of that year, in an
approved form, together with a report on the statement by a qualified auditor;
and
5 Paragraph 18(2)(a)
Omit “of Farm Management”.
6 Section 19
Repeal the section.
7 Paragraphs 20(3)(h), (i) and
(j)
Repeal the paragraphs, substitute:
(h) in the case of the year 1996—$95,000,000; and
(i) in the case of the year 1997—$95,000,000; and
(j) in the case of the year 1998—$95,000,000.
8 Section 20A
Repeal the section, substitute:
(1) There is payable to an institution, as financial assistance in
relation to the expenditure of the institution for such operating purposes or
limited operating purposes in a year as the Minister determines, such amount
(the advance) as the Minister determines.
(2) The total of the advances in a year must not exceed the amount set out
in section 17 in respect of the following year.
(3) If the Minister determines an advance for an institution in respect of
a year:
(a) the amounts determined to be payable to the institution under section
15 or 16 in respect of the year next following the first-mentioned year are
reduced by amounts that equal in total the amount of the advance; or
(b) the amounts determined to be payable to the institution under section
15 or 16 in respect of the 2 years or 3 years next following the first-mentioned
year are respectively reduced by amounts that equal in total the amount of the
advance.
(4) Determinations under subsection (1) and reductions under subsection
(3) must be in accordance with the guidelines issued under section
20B.
The Minister may issue guidelines setting out criteria for the advance
and recovery of amounts under section 20A.
9 Subsection 21(3)
Repeal the subsection, substitute:
(3) If the Minister approves a proposal under subsection (1) in respect of
a year, then, subject to section 23C:
(a) the Minister must determine an amount as the estimated total
expenditure on the proposal for the year; and
(b) the Minister must determine an amount of approved expenditure in
relation to the proposal for the year; and
(c) the amount of approved expenditure on the proposal for the year must
not be greater than the amount of estimated total expenditure on the proposal
for the year.
10 Subsection 22A(3)
Repeal the subsection, substitute.
(3) If the Minister approves a proposal under subsection (1) or (2) in
respect of a year, then, subject to subsection (5):
(a) the Minister must determine an amount as the estimated total
expenditure on the proposal for the year; and
(b) the Minister must determine an amount of approved expenditure in
relation to the proposal for the year; and
(c) the amount of approved expenditure on the proposal for the year must
not be greater than the amount of estimated total expenditure on the proposal
for the year.
11 Paragraph 22A(5)(d)
Repeal the paragraph, substitute:
(d) for the year 1996—$12,632,000;
12 Subsection 23(1)
Repeal the subsection, substitute:
(1) The Minister may, subject to such conditions as the Minister
determines, approve a proposal, whether by an institution or otherwise, for
expenditure by an institution to which this section applies on:
(a) a research program; or
(b) a program that supports:
(i) research training; or
(ii) the conduct of research programs;
as a proposal deserving financial assistance under this section in respect
of a year to which this Chapter applies.
13 Subsection 23(1A)
Omit “an institution, for purposes that will assist programs of
research undertaken by institutions to which this section applies, as a
proposal”, substitute:
an institution, on:
(a) a research program; or
(b) a program that supports:
(i) research training; or
(ii) the conduct of research programs;
to be undertaken by the body as a proposal
14 Subsection 23(2)
Repeal the subsection, substitute:
(2) If the Minister approves a proposal under subsection (1) or (1A) in
respect of a year, then, subject to section 23C:
(a) the Minister must determine an amount as the estimated total
expenditure on the proposal for the year; and
(b) the Minister must determine an amount of approved expenditure in
relation to the proposal for the year; and
(c) the amount of approved expenditure on the proposal for the year must
not be greater than the amount of estimated total expenditure on the proposal
for the year.
15 Subsection 23A(4)
Repeal the subsection, substitute:
(4) If the Minister approves a proposal in respect of a year, then,
subject to section 23C:
(a) the Minister must determine an amount as the estimated total
expenditure on the proposal for the year; and
(b) the Minister must determine an amount of approved expenditure in
relation to the proposal for the year; and
(c) the amount of approved expenditure on the proposal for the year must
not be greater than the amount of estimated total expenditure on the proposal
for the year.
16 Paragraphs 23C(2)(b), (c), (d) and
(e)
Repeal the paragraphs, substitute:
(b) for the year 1995—$432,147,000; and
(c) for the year 1996—$496,250,000; and
(d) for the year 1997—$477,793,000; and
(e) for the year 1998—$451,082,000.
17 Paragraphs 24(3)(h), (i) and
(j)
Repeal the paragraphs, substitute:
(h) in the case of the year 1996—$4,738,000; and
(i) in the case of the year 1997—$4,738,000; and
(j) in the case of the year 1998—$4,738,000.
18 Paragraphs 27A(6)(c), (d) and
(e)
Repeal the paragraphs, substitute:
(c) for the year 1996—$36,927,000; and
(d) for the year 1997—$36,927,000; and
(e) for the year 1998—$36,927,000.
19 Paragraph 34(4)(a)
Omit “of Farm Management”.
20 Subsection 99(1) (definition of census
date)
Omit “semester” (wherever occurring), substitute “study
period”.
21 Subsection 99(1) (definition of OL
semester debt)
Repeal the definition, substitute:
OL study period debt has the meaning given by section
106K.
22 Subsection 99(1) (definition of
semester)
Repeal the definition.
23 Subsection 99(2)
Omit “semester” (wherever occurring), substitute “study
period”.
24 Section 101
Omit “semester” (first occurring), substitute “study
period”.
25 Paragraph 101(1)(a)
Repeal the paragraph, substitute:
(a) as at the census date for the study period, the client is enrolled to
undertake at least 2 units of study for the purposes of an approved course of
study in the study period; and
Omit “semester”, substitute “study
period”.
27 Subparagraph
101(1)(c)(ii)
Omit “at the time of enrolment”, substitute, “14 days
before the census day for the study period”.
28 Transitional
Despite the amendments of section 101 of the Higher Education Funding
Act 1988 made by this Schedule, section 101 of that Act as in force
immediately before 1 January 1997 continues to apply to a client:
(a) who is enrolled to undertake an approved course in the study period
that begins in December 1996; and
(b) for whom, apart from the amendments made by this Schedule, that study
period would be the first or second study period in a semester within the
meaning of that Act as so in force.
29 Section 103
Repeal the section, substitute:
The standard study load of an eligible client of the Agency for a study
period for which the client enrols for the purposes of the course of study he or
she is undertaking is the number of units of study that, together with the
number of other units of study (if any) for which he or she was enrolled for the
purposes of the course in previous study periods having census dates occurring
in the same calendar year as the census date for the first-mentioned study
period, equals 8.
30 Subsection 104(3)
Repeal the subsection, substitute:
(3) The Minister must publish in the Gazette, before the beginning
of December in each year, the amount that constitutes the basic charge in
respect of a unit of study undertaken by an eligible client of the Agency in a
study period beginning in December of that year or in March, June or September
of the next year.
31 Subsection 105(2)
Omit “semester” (wherever occurring), substitute “study
period”.
32 Subsection 106(1)
Omit “for the semester in which the study period is included”,
substitute “for the study period”.
33 Subsection 106(2)
Omit “semester” (wherever occurring), substitute “study
period”.
34 Subsection 106AA(1)
Omit “the Agency must notify the Minister in writing that the client
does not appear to have a tax file number”, substitute “the Agency
must not permit the client, as an eligible client, to continue to be enrolled
in, or to undertake, the unit of study for the study period for which the client
is enrolled”.
35 Section 106AB
Omit “Where the Agency notifies the Minister under section 106AA that
a client does not appear to have a tax file number”, substitute “If
the circumstances mentioned in paragraphs 106AA(1)(a) and (b)
apply”.
36 Subsection 106B(1)
Omit “semester” (wherever occurring), substitute “study
period”.
37 Subsection 106D(1)
Omit “semester” (first occurring), substitute “study
period”.
38 Subsection 106D(1)
Omit “a study period included in the semester”, substitute
“the study period”.
39 Section 106E
Omit “any information in its possession relating to clients
undertaking units of study in a semester”, substitute “any
statistical and other information relating to clients undertaking units of study
in a study period”.
40 At the end of Part 5.3
Add:
The Chief Executive Officer of the Agency must give to the Minister, on
or before 31 December in each year, a statement:
(a) as to whether the Agency has complied with the requirements of this
Chapter in respect of the year ending on that 31 December; and
(b) if the Agency has not complied with such a requirement in respect of
that year, setting out particulars of the non-compliance.
41 Part 5.4
Repeal the Part.
42 Subsection 106H(1) (definition of OL
semester debt)
Repeal the definition, substitute:
OL study period debt has the meaning given by section
106K.
43 Subsection 106H(1) (paragraph (b) of the
definition of semester debt)
Repeal the paragraph, substitute:
(b) an OL study period debt.
44 Section 106K
Omit “semester” (wherever occurring), substitute “study
period”.
Note: The heading to section 106K is altered by omitting
“semester” and substituting “study
period”.
45 Subsection 106L(2)
Omit “semester” (wherever occurring), substitute “study
period”.
Note: The heading to section 106L is altered by omitting
“semester”.
46 Paragraph 106M(1)(a)
Omit “a semester debt”, substitute “an HEC semester debt
or OL study period debt”.
47 Subsection 106N(1)
Repeal the subsection, substitute:
(1) If a person incurred an HEC semester debt or debts, or an OL study
period debt or debts, or both, before 1 June in a year (the relevant
date) but after 1 June in the immediately preceding year, the person
incurs on the relevant date an accumulated HEC debt to the Commonwealth of an
amount equal to:
(a) that HEC semester debt or OL study period debt; or
(b) the total of those debts;
less any amounts paid before the relevant date in reduction of that debt or
those debts.
48 Paragraphs 106N(2)(a) and
(b)
Repeal the paragraphs, substitute:
(a) an HEC semester debt or debts, or an OL study period debt or debts,
incurred before 1 June in the immediately preceding year (the earlier
date); and
(b) a debt or debts of that kind incurred after the earlier
date;
49 Paragraph 106N(2)(d)
Omit “semester”.
50 Paragraph 106O(1)(b)
Omit “semester debt”, substitute “HEC semester debt or OL
study period debt”.
51 Section 106S
Repeal the section.
52 Subparagraph
106Y(2)(e)(i)
Omit “semester debt”, substitute “HEC semester debt or OL
study period debt”.
53 Paragraph 110(b)
After “16,”, insert “20A,”.
54 Paragraph 110(c)
After “section”, insert “20B,”.