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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Legislation
Amendment (Miscellaneous Measures)
Bill 2015
No. , 2015
(Education and Training)
A Bill for an Act to amend the law relating to
higher education and research, and for related
purposes
No. , 2015
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
i
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedules ............................................................................................ 2
Schedule 1--New Zealand citizens
3
Higher Education Support Act 2003
3
Schedule 2--Torrens Unive rsity Australia
8
Higher Education Support Act 2003
8
Schedule 3--Unive rsity name change
9
Higher Education Support Act 2003
9
Schedule 4--Constitutional bases for othe r grants
10
Higher Education Support Act 2003
10
Schedule 5--TEQSA operational plans
12
Tertiary Education Quality and Standards Agency Act 2011
12
Schedule 6--Research funding
13
Australian Research Council Act 2001
13
No. , 2015
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
1
A Bill for an Act to amend the law relating to
1
higher education and research, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Higher Education Legislation
6
Amendment (Miscellaneous Measures) Act 2015.
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
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 January 2016.
1 January 2016
3. Schedules 2 to
6
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
New Zealand citizens Schedule 1
No. , 2015
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
3
Schedule 1--New Zealand citizens
1
2
Higher Education Support Act 2003
3
1 After subsection 90-5(2)
4
Insert:
5
(2A) A student also meets the citizenship or residency requirements
6
under this section in relation to a unit of study if the student:
7
(a) is a New Zealand citizen; and
8
(b) holds a special category visa under the Migration Act 1958;
9
and
10
(c) both:
11
(i) first began to be usually resident in Australia at least 10
12
years before the day referred to in subsection (2B) (the
13
test day); and
14
(ii) was a
*
dependent child when he or she first began to be
15
usually resident in Australia; and
16
(d) has been in Australia for a period of, or for periods totalling,
17
8 years during the 10 years immediately before the test day;
18
and
19
(e) has been in Australia for a period of, or for periods totalling,
20
18 months during the 2 years immediately before the test day.
21
(2B) For the purposes of subsection (2A), the day is the earlier of:
22
(a) if the student has previously made a successful
*
request for
23
Commonwealth assistance under this Chapter for a unit that
24
formed part of the same
*
course of study--the day the
25
student first made such a request; or
26
(b) otherwise--the day the student made the request for
27
Commonwealth assistance in relation to the unit.
28
2 Section 90-5(3)
29
Omit "and (2)", substitute ", (2) and (2A)".
30
3 After subsection 104-5(2)
31
Insert:
32
Schedule 1 New Zealand citizens
4
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
No. , 2015
(2A) A student also meets the citizenship or residency requirements
1
under this section in relation to a unit of study if the student:
2
(a) is a New Zealand citizen; and
3
(b) holds a special category visa under the Migration Act 1958;
4
and
5
(c) both:
6
(i) first began to be usually resident in Australia at least 10
7
years before the day referred to in subsection (2B) (the
8
test day); and
9
(ii) was a
*
dependent child when he or she first began to be
10
usually resident in Australia; and
11
(d) has been in Australia for a period of, or for periods totalling,
12
8 years during the 10 years immediately before the test day;
13
and
14
(e) has been in Australia for a period of, or for periods totalling,
15
18 months during the 2 years immediately before the test day.
16
(2B) For the purposes of subsection (2A), the day is the earlier of:
17
(a) if the student has previously made a successful
*
request for
18
Commonwealth assistance under this Chapter for a unit that
19
formed part of the same
*
course of study--the day the
20
student first made such a request; or
21
(b) otherwise--the day the student made the request for
22
Commonwealth assistance in relation to the unit.
23
4 Subsections 104-5(3) and (4)
24
Omit "and (2)", substitute ", (2) and (2A)".
25
5 Section 118-5
26
Before "The", insert "(1)".
27
6 At the end of section 118-5
28
Add:
29
; or (c) a student to whom subsection (2) applies.
30
(2) This subsection applies to a student who:
31
(a) is a New Zealand citizen; and
32
New Zealand citizens Schedule 1
No. , 2015
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
5
(b) holds a special category visa under the Migration Act 1958;
1
and
2
(c) both:
3
(i) first began to be usually resident in Australia at least 10
4
years before the day referred to in subsection (3) (the
5
test day); and
6
(ii) was a
*
dependent child when he or she first began to be
7
usually resident in Australia; and
8
(d) has been in Australia for a period of, or for periods totalling,
9
8 years during the 10 years immediately before the test day;
10
and
11
(e) has been in Australia for a period of, or for periods totalling,
12
18 months during the 2 years immediately before the test day.
13
(3) For the purposes of subsection (2), the day is the earlier of:
14
(a) if the student has previously made a successful
*
request for
15
Commonwealth assistance under this Chapter in relation to
16
the
*
course of study the student is enrolled in with the home
17
provider--the day the student first made such a request; or
18
(b) otherwise--the day the student made the request for
19
Commonwealth assistance in relation to the period.
20
7 After subsection 126-5(1)
21
Insert:
22
(1A) A student also meets the citizenship or residency requirements
23
under this section in relation to a
*
student services and amenities
24
fee imposed on the student by a higher education provider if the
25
student:
26
(a) is a New Zealand citizen on the day the fee is payable; and
27
(b) holds a special category visa under the Migration Act 1958
28
on the day the fee is payable; and
29
(c) both:
30
(i) first began to be usually resident in Australia at least 10
31
years before the day referred to in subsection (1B) (the
32
test day); and
33
(ii) was a
*
dependent child when he or she first began to be
34
usually resident in Australia; and
35
Schedule 1 New Zealand citizens
6
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
No. , 2015
(d) has been in Australia for a period of, or for periods totalling,
1
8 years during the 10 years immediately before the test day;
2
and
3
(e) has been in Australia for a period of, or for periods totalling,
4
18 months during the 2 years immediately before the test day.
5
(1B) For the purposes of subsection (1A), the day is the earlier of:
6
(a) if the student:
7
(i) is enrolled with the provider in a
*
course of study; and
8
(ii) has previously made a successful
*
request for
9
Commonwealth assistance under this Chapter in relation
10
to the course--the day the student first made such a
11
request; or
12
(b) otherwise--the day the student made the request for
13
Commonwealth assistance in relation to the fee.
14
8 Subsection 126-5(2)
15
Omit "subsection (1)", substitute "subsections (1) and (1A)".
16
9 At the end of subclause 44(1) of Schedule 1A
17
Add:
18
; or (c) a student to whom subclause (3) applies.
19
10 At the end of clause 44 of Schedule 1A
20
Add:
21
(3) This subclause applies to a student who:
22
(a) is a New Zealand citizen; and
23
(b) holds a special category visa under the Migration Act 1958;
24
and
25
(c) both:
26
(i) first began to be usually resident in Australia at least 10
27
years before the day referred to in subclause (4) (the test
28
day); and
29
(ii) was a
*
dependent child when he or she first began to be
30
usually resident in Australia; and
31
New Zealand citizens Schedule 1
No. , 2015
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
7
(d) has been in Australia for a period of, or for periods totalling,
1
8 years during the 10 years immediately before the test day;
2
and
3
(e) has been in Australia for a period of, or for periods totalling,
4
18 months during the 2 years immediately before the test day.
5
(4) For the purposes of subclause (3), the day is the earlier of:
6
(a) if the student has previously made a successful
*
request for
7
Commonwealth assistance under this Part for a
*
VET unit of
8
study that formed part of the same
*
VET course of study--
9
the day the student first made such a request; or
10
(b) otherwise--the day the student made the request for
11
Commonwealth assistance in relation to the unit.
12
11 Subclause 1(1) of Schedule 1
13
Insert:
14
dependent child means a person who is aged under 18 and does not
15
have a spouse or de facto partner (within the meaning of the Acts
16
Interpretation Act 1901).
17
12 Application
18
The amendments made by this Schedule apply in relation to a unit of
19
study that has a census date on or after the day this Schedule
20
commences.
21
Schedule 2 Torrens University Australia
8
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
No. , 2015
Schedule 2--Torrens University Australia
1
2
Higher Education Support Act 2003
3
1 Subsection 16-20(1) (at the end of the table)
4
Add:
5
Torrens University Australia
University name change Schedule 3
No. , 2015
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
9
Schedule 3--University name change
1
2
Higher Education Support Act 2003
3
1 Subsection 16-15(1) (after table item dealing with Edith
4
Cowan University)
5
Insert:
6
Federation University Australia
2 Subsection 16-15(1) (table item dealing with University of
7
Ballarat)
8
Repeal the item.
9
Schedule 4 Constitutional bases for other grants
10
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
No. , 2015
Schedule 4--Constitutional bases for other
1
grants
2
3
Higher Education Support Act 2003
4
1 At the end of Division 41
5
Add:
6
41-95 Alternative constitutional bases
7
(1) In addition to the effect that it has apart from this section, this Part
8
has the effect it would have if each reference in this Part to a grant
9
were expressly confined to a grant:
10
(a) to a corporation to which paragraph 51(xx) of the
11
Constitution applies for the purposes of carrying out the
12
corporation's activities; or
13
(b) for one or more of the following purposes (as well as for a
14
purpose described in section 41-10):
15
(i) a purpose related to trade or commerce with another
16
country, among the States, between a State and a
17
Territory, between 2 Territories or within a Territory;
18
(ii) a purpose involving the use of postal, telegraphic,
19
telephonic, and other like services;
20
(iii) a purpose relating to astronomical or meteorological
21
observations;
22
(iv) a purpose relating to census or statistics;
23
(v) a purpose relating to aliens;
24
(vi) a purpose relating to old-age pensions;
25
(vii) a purpose relating to the provision of benefits to
26
students or sickness benefits;
27
(viii) a purpose relating to Aboriginal or Torres Strait Islander
28
people;
29
(ix) a purpose relating to external affairs;
30
(x) a purpose relating to the executive power of the
31
Commonwealth;
32
Constitutional bases for other grants Schedule 4
No. , 2015
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
11
(xi) a purpose relating to a matter that is peculiarly adapted
1
to the government of a nation and that cannot otherwise
2
be carried on for the benefit of the nation; or
3
(c) in or in relation to a Territory.
4
(2) A term used in this section and the Constitution has the same
5
meaning in this section as it has in the Constitution.
6
Schedule 5 TEQSA operational plans
12
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
No. , 2015
Schedule 5--TEQSA operational plans
1
2
Tertiary Education Quality and Standards Agency Act 2011
3
1 Section 5 (definition of annual operational plan)
4
Repeal the definition.
5
2 Subdivision A of Division 7 of Part 8 (heading)
6
Repeal the heading.
7
3 Paragraph 160(1)(a)
8
Repeal the paragraph, substitute:
9
(a) 30 April before the first reporting period to which the plan
10
relates; or
11
4 Subsection 161(2)
12
Repeal the subsection.
13
5 Subdivision B of Division 7 of Part 8
14
Repeal the Subdivision.
15
6 Application provision
16
The amendment of section 160 of the Tertiary Education Quality and
17
Standards Agency Act 2011 made by this Schedule applies in relation to
18
a corporate plan prepared on or after the commencement of this item.
19
Research funding Schedule 6
No. , 2015
Higher Education Legislation Amendment (Miscellaneous Measures)
Bill 2015
13
Schedule 6--Research funding
1
2
Australian Research Council Act 2001
3
1 Part 6 (heading)
4
Repeal the heading, substitute:
5
Part 6--Reporting
6
2 Division 1 of Part 6
7
Repeal the Division.
8
3 Division 2 of Part 6 (heading)
9
Repeal the heading.
10
4 At the end of subsection 48(2)
11
Add:
12
; (n) the financial year starting on 1 July 2017;
13
(o) the financial year starting on 1 July 2018.
14
5 Paragraphs 49(p) and (q)
15
Repeal the paragraphs, substitute:
16
(p) for the financial year starting on 1 July 2015--$815,521,000;
17
and
18
(q) for the financial year starting on 1 July 2016--$734,868,000;
19
and
20
(r) for the financial year starting on 1 July 2017--$748,345,000;
21
and
22
(s) for the financial year starting on 1 July 2018--$739,587,000.
23