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HIGHER EDUCATION LEGISLATION AMENDMENT BILL 1999

1998-99

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES




Presented and read a first time









Higher Education Legislation Amendment Bill 1999

No. , 1999

(Education, Training and Youth Affairs)



A Bill for an Act to amend legislation about higher education, and for related purposes

ISBN: 0642 390541

Contents

Higher Education Funding Act 1988 3

Higher Education Funding Act 1988 4

Higher Education Funding Act 1988 6

Higher Education Funding Act 1988 7

States Grants (General Purposes) Act 1994 7

Higher Education Funding Act 1988 8

A Bill for an Act to amend legislation about higher education, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Higher Education Legislation Amendment Act 1999.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Institutions

Higher Education Funding Act 1988

1 Subsection 4(1) (Table A item dealing with James Cook University of North Queensland)

Omit “of North Queensland”.

2 Subsection 4(1) (after the Table A item dealing with University of Southern Queensland)

Insert:

University of the Sunshine Coast

Schedule 2—Notice of decision on application for debt remission

Higher Education Funding Act 1988

1 After section 106L

Insert:

106LA How notice of decision is to be given

(1) Notice of a decision on an application made under subsection 106L(1) or (2) is to be given to the applicant in writing in accordance with this section.

(2) The notice may be given by delivering it to the applicant personally.

(3) If a person is authorised by the applicant to receive the notice, the notice may be given by delivering it to that person.

(4) If the applicant has notified the Secretary in writing of an address at which the notice may be given, the notice may be given by:

(a) sending it by post to that address; or

(b) leaving it at that address.

(5) If the applicant has not notified the Secretary in writing of an address at which the notice may be given, the notice may be given by:

(a) sending it by post to the applicant’s last-known place of residence; or

(b) leaving it at that place of residence with a person who appears to live there and to be over 16 years of age.

(6) The notice is taken not to be sent by post unless it is posted as a letter and the correct postage has been pre-paid.

(7) If the notice is sent by post to a place outside Australia, the correct postage is the full air mail rate.

(8) If the notice is sent by post within 7 days after the day of the decision to which it relates, the notice is taken, unless the contrary is established, to have been received:

(a) if it is sent to an address in Australia—on the seventh day after the day on which it is posted; or

(b) if it is sent to an address outside Australia—on the 21st day after the day on which it is posted.

2 Application

Section 106LA of the Higher Education Funding Act 1988 applies to notices of decisions made after the commencement of that section.

Schedule 3—Technical amendment

Higher Education Funding Act 1988

1 Subsection 106Q(1)

Omit “If”, substitute “if”.

Note: The following heading to section 106PA is inserted “Repayment of debts other than HEC assessment debts”.

Schedule 4—No grants to support student organisations

Higher Education Funding Act 1988

1 Sections 25A and 25B

Repeal the sections.

2 Section 119

Omit “, 25A”.

States Grants (General Purposes) Act 1994

3 Section 15

Repeal the section.

Schedule 5—Grant conditions for voluntary student unionism

Higher Education Funding Act 1988

1 At the end of paragraph 18(1)(b)

Add “and”.

2 At the end of subparagraph 18(1)(c)(iii)

Add “and”.

3 At the end of paragraph 18(1)(d)

Add “and”.

4 After paragraph 18(1)(d)

Insert:

(da) the institution does not make it a condition of enrolment of a student at the institution that the student be or become a member of an association; and

(db) the institution does not collect from a student any amount that:

(i) is required to be paid as a condition of enrolment of the student for an educational course provided by the institution; and

(ii) is not directly related to the course; and

5 At the end of subparagraph 18(1)(e)(ii)

Add “and”.

6 Application

The amendments made by this Schedule apply in relation to a grant made under section 15 or 16 of the Higher Education Funding Act 1988 for the year 2000 or a later year.

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