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This is a Bill, not an Act. For current law, see the Acts databases.


HIGHER EDUCATION LEGISLATION AMENDMENT (STUDENT SERVICES AND AMENITIES, AND OTHER MEASURES) BILL 2009

2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Legislation
Amendment (Student Services and
Amenities, and Other Measures) Bill
2009
No. , 2009
(Education)
A Bill for an Act to amend legislation relating to
higher education, and for related purposes
i Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Student services and amenities
3
Higher Education Support Act 2003
3
Income Tax Assessment Act 1936
17
Schedule 2--VET FEE-HELP
18
Higher Education Support Act 2003
18
Schedule 3--Tertiary Admission Centres
20
Higher Education Support Act 2003
20
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 1
A Bill for an Act to amend legislation relating to
1
higher education, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Higher Education Legislation
5
Amendment (Student Services and Amenities, and Other Measures)
6
Act 2009.
7
2 Commence ment
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
13
2 Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence with in the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
3. Schedules 2
and 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act 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
12
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 3
1
Schedule 1
--
Student services and amenities
2
3
Higher Education Support Act 2003
4
1 Paragraph 3-10(c)
5
Omit "study.", substitute "study;".
6
2 After paragraph 3-10(c)
7
Insert:
8
(d) SA-HELP assistance for meeting student services and
9
amenities fees imposed by higher education providers.
10
3 Subsection 5-1(2) (after table item 5)
11
Insert:
12
5A
Part 3-5 (SA-HELP
assistance)
Applies to eligib le students of the
*
Australian
branch of the provider who are enro lled at the
Australian branch in a
*
course of study or
*
bridging course for overseas-trained
professionals.
4 At the end of section 19-37
13
Add:
14
(4) Subsection (2) does not apply to a
*
student services and amenities
15
fee that the higher education provider requires the person to pay.
16
(5) A student services and amenities fee is an amount:
17
(a) that a higher education provider requires a person enrolled, or
18
seeking to enrol, with the provider to pay for a period starting
19
on or after 1 July 2009 to support the provision to students of
20
amenities and services not of an academic nature, regardless
21
of whether the person chooses to use any of those amenities
22
and services; and
23
(b) that is determined by the provider in accordance with the
24
Student Services and Amenities Fee Guidelines; and
25
(c) that is not more than the amount worked out for that period
26
for the person in accordance with those guidelines; and
27
Schedule 1 Student services and amenities
4 Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
(d) that is payable on a day determined in accordance with those
1
guidelines; and
2
(e) that is such that the total of all amounts that are covered by
3
paragraphs (a), (b), (c) and (d) for the same provider and
4
person is not more than:
5
(i) $125, for amounts for periods falling wholly or partly
6
within the 6 months starting on 1 July 2009; or
7
(ii) $250, for amounts for periods falling wholly or partly
8
within a calendar year starting on or after 1 January
9
2010.
10
Note 1:
The Student Services and Amenities Fee Guidelines are made by the
11
Minister under section 238-10.
12
Note 2:
The amount of $250 mentioned in subparagraph (5)(e)(ii) is indexed
13
under Part 5-6.
14
Note 3:
Paragraph 19-102(3)(b) prevents a student services and amenities fee
15
from being a fee as defined in section 19-102.
16
(6) If a higher education provider determines a
*
student services and
17
amenities fee, the provider:
18
(a) must publish, in accordance with the Student Services and
19
Amenities Fee Guidelines:
20
(i) enough information to enable a person liable to pay the
21
fee to work out the amount of the fee; and
22
(ii) notice of the day on which the fee is payable; and
23
(b) must, on request by a person who is or may become liable to
24
pay the fee, inform the person of the amount of the fee and
25
the day on which it is or would be payable.
26
5 After section 19-37
27
Insert:
28
19-38 Higher education provide rs' expenditure of student services
29
and amenities fees
30
(1) A higher education provider must not spend an amount paid to the
31
provider as a
*
student services and amenities fee to support:
32
(a) a political party; or
33
(b) the election of a person as a member of:
34
(i) the legislature of the Commonwealth, a State or a
35
Territory; or
36
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 5
(ii) a local government body.
1
(2) If a higher education provider pays a person or organisation an
2
amount paid to the provider as a
*
student services and amenities
3
fee, the provider must make the payment on the condition that none
4
of the payment is to be spent by the person or organisation to
5
support:
6
(a) a political party; or
7
(b) the election of a person as a member of:
8
(i) the legislature of the Commonwealth, a State or a
9
Territory; or
10
(ii) a local government body.
11
(3) A higher education provider must not spend, for purposes other
12
than those specified by the Student Services and Amenities Fee
13
Guidelines, an amount paid to the provider as a
*
student services
14
and amenities fee.
15
Note:
The Student Services and Amenities Fee Guidelines are made by the
16
Minister under section 238-10.
17
(4) To avoid doubt, subsections (1), (2) and (3) apply to an advance
18
made to a higher education provider on account of
*
SA-HELP
19
assistance in the same way as they apply to an amount paid to the
20
provider as a
*
student services and amenities fee.
21
Note:
An amount of SA-HELP assistance paid to a provider is an amount
22
paid to the provider as a student services and amenities fee because,
23
under section 128-1, the SA-HELP assistance is paid to discharge the
24
student's liability to pay the fee.
25
(5) Subsection (4) does not limit subsection 164-10(2).
26
Note:
Subsection 164-10(2) applies to an advance on account of an amount
27
the conditions that would apply to payment of the amount.
28
6 After section 19-65
29
Insert:
30
19-67 Special requirements for student services, amenities,
31
representation and advocacy in 2010 and late r years
32
(1) A higher education provider that receives a grant under Part 2-2 in
33
respect of the year 2010 or a later year must comply in respect of
34
the year with the requirements of the Student Services, Amenities,
35
Schedule 1 Student services and amenities
6 Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
Representation and Advocacy Guidelines as those guidelines were
1
in force on the 30 June just before the year.
2
Note:
The Student Services, Amenities, Representation and Advocacy
3
Guidelines are made by the Minister under section 238-10.
4
(2) The Student Services, Amenities, Representation and Advocacy
5
Guidelines may provide for:
6
(a) requirements for providing students with information about
7
services that are not of an academic nature and that support
8
students; and
9
(b) requirements for providing students with access to such
10
services; and
11
(c) requirements relating to the representation and advocacy of
12
the interests of students.
13
(3) However, the Student Services, Amenities, Representation and
14
Advocacy Guidelines cannot require a provider to fund an
15
organisation of students, or of students and other persons.
16
(4) Subsection 19-65(1) does not apply in relation to the Student
17
Services, Amenities, Representation and Advocacy Guidelines.
18
7 Section 65-1
19
Omit "3 kinds" (wherever occurring), substitute "4 kinds".
20
8 Section 65-1
21
Omit:
22
OS-HELP assistance--assistance to a student who, as part of
23
his or her course of study, is to undertake study at an overseas
24
higher education institution (see Part 3.4).
25
Substitute:
26
OS-HELP assistance--assistance to a student who, as part of
27
his or her course of study, is to undertake study at an overseas
28
higher education institution (see Part 3-4);
29
SA-HELP assistance--assistance to a student on whom a
30
student services and amenities fee is imposed (see Part 3-5).
31
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 7
9 Section 65-1
1
Omit "and FEE-HELP assistance)", substitute ", FEE-HELP assistance
2
and SA-HELP assistance)".
3
10 At the end of Chapter 3
4
Add:
5
Part 3-5--SA-HELP assistance
6
Division 125--Introduction
7
125-1 What this Part is about
8
A student may be entitled to SA-HELP assistance for a student
9
services and amenities fee imposed on him or her by a higher
10
education provider, if certain requirements are met.
11
The amount of the assistance is the amount of the fee, less any
12
amounts of the fee paid on or before the day the fee is payable
13
(except any SA-HELP assistance paid under this Part). The
14
assistance is paid to the provider to discharge the student's liability
15
to pay the fee.
16
Note:
Amounts of assistance under this Part may form part of a person's
17
HELP debts that the Commonwealth recovers under Part 4-2.
18
Division 126--Who is entitled to SA-HELP assistance?
19
126-1 Entitle ment to SA-HELP assistance
20
(1) A student is entitled to
*
SA-HELP assistance for a
*
student
21
services and amenities fee imposed on the student for a period by a
22
higher education provider if:
23
(a) the student meets the citizenship or residency requirements
24
under section 126-5; and
25
(b) the student is enrolled with the provider in a
*
course of study
26
or a
*
bridging course for overseas-trained professionals on
27
the day on which the fee is payable; and
28
(c) the student
*
meets the tax file number requirements (see
29
section 187-1); and
30
Schedule 1 Student services and amenities
8 Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
(d) the student has, on or before the day on which the fee is
1
payable, completed, signed and given to an
*
appropriate
2
officer of the provider a
*
request for Commonwealth
3
assistance in relation to the fee.
4
(2) A request for Commonwealth assistance, in relation to a
*
student
5
services and amenities fee imposed for a period on a person who is
6
enrolled with a higher education provider in a
*
course of study or a
7
*
bridging course for overseas-trained professionals, means a
8
document:
9
(a) in which the person requests the Commonwealth to provide
10
assistance under this Act in relation to the fee for the period
11
(and any student services and amenities fee imposed for a
12
later period during which the person is enrolled in the course
13
or bridging course); and
14
(b) that is in the form approved by the Minister.
15
126-5 Citizenship or residency require ments
16
(1) A student meets the citizenship or residency requirements under
17
this section in relation to a
*
student services and amenities fee
18
imposed on the student by a higher education provider if the
19
student is, on the day the fee is payable:
20
(a) an Australian citizen; or
21
(b) a
*
permanent humanitarian visa holder resident in Australia.
22
(2) Despite subsection (1), a
*
permanent humanitarian visa holder does
23
not meet the citizenship or residency requirements in relation to a
24
*
student services and amenities fee imposed on the visa holder by a
25
higher education provider if the provider reasonably expects that
26
the visa holder will not undertake in Australia any
*
units of study
27
with the provider.
28
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 9
Division 127--How are amounts of SA-HELP assistance
1
worked out?
2
127-1 The amount of SA-HELP assistance for a student services and
3
amenities fee
4
The amount of
*
SA-HELP assistance to which a student is entitled
5
for a
*
student services and amenities fee is the difference (if any)
6
between:
7
(a) the fee; and
8
(b) the sum of any payments of the fee (other than a payment of
9
SA-HELP assistance under this Part) made on or before the
10
day on which the fee is payable.
11
Division 128--How are amounts of SA-HELP assistance
12
paid?
13
Note:
Part 5-1 deals generally with payments by the Commonwealth under this Act.
14
128-1 Payments to higher education providers of loans to students
15
If a student is entitled to an amount of
*
SA-HELP assistance for a
16
*
student services and amenities fee imposed by a higher education
17
provider, the Commonwealth must:
18
(a) as a benefit to the student, lend to the student the amount of
19
SA-HELP assistance; and
20
(b) pay to the provider the amount lent in discharge of the
21
student's liability to pay the fee.
22
128-5 Repayment by higher education provider if student does not
23
have tax file numbe r
24
A higher education provider must repay the Commonwealth an
25
amount paid to the provider under section 128-1 in discharge of a
26
person's liability to pay a
*
student services and amenities fee if
27
subsection 193-15(1) applies to the person.
28
Note 1:
Subsection 193-15(1) applies to a person who does not have a tax file
29
number.
30
Note 2:
The person's SA-HELP debt will be remitted if the higher education
31
provider must repay the amount under this section: see subsection
32
137-16(4).
33
Schedule 1 Student services and amenities
10 Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
11 Section 134-1
1
Omit "or OS-HELP assistance", substitute ", OS-HELP assistance or
2
SA-HELP assistance".
3
12 After paragraph 137-1(c)
4
Insert:
5
(ca)
*
SA-HELP debts;
6
13 After section 137-15
7
Insert:
8
137-16 SA-HELP debts
9
Incurring SA-HELP debts
10
(1) A person incurs a debt to the Commonwealth if, under
11
section 128-1, the Commonwealth:
12
(a) makes a loan to the person; and
13
(b) uses the amount lent to make a payment of the person's
14
liability to pay a
*
student services and amenities fee.
15
The debt is an SA-HELP debt.
16
(2) The amount of the
*
SA-HELP debt is an amount equal to the loan.
17
When SA-HELP debts are incurred
18
(3) An
*
SA-HELP debt is taken to have been incurred by a person
19
immediately after the day on which the
*
student services and
20
amenities fee to which the loan relates is payable, whether or not
21
the Commonwealth has made a payment in respect of the fee.
22
Remission of SA-HELP debts
23
(4) A person's
*
SA-HELP debt in relation to a
*
student services and
24
amenities fee imposed by a higher education provider is taken to be
25
remitted if, under section 128-5, the provider must repay the
26
Commonwealth the amount the Commonwealth paid the provider
27
in relation to the fee.
28
14 Subsection 140-5(1) (method statement, step 2, after
29
paragraph (e))
30
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 11
Insert:
1
(ea)
*
SA-HELP assistance for
*
student services and
2
amenities fees imposed on the person by one
3
particular higher education provider; or
4
15 Subsection 140-5(1) (method statement, step 2, note)
5
After "(e),", insert "(ea),".
6
16 Subsection 140-25(1A) (method statement, step 1, after
7
paragraph (e))
8
Insert:
9
(ea)
*
SA-HELP assistance for
*
student services and
10
amenities fees imposed on the person by one
11
particular higher education provider; or
12
17 Subsection 140-25(1A) (method statement, step 1, note)
13
After "(e),", insert "(ea),".
14
18 Paragraph 154-55(1)(a)
15
After "applied for", insert "one or more of the following".
16
19 Subparagraph 154-55(1)(a)(i)
17
Omit "or" (last occurring).
18
20 Subparagraph 154-55(1)(a)(ii)
19
Omit "and".
20
21 At the end of paragraph 154-55(1)(a)
21
Add:
22
(iii)
*
SA-HELP assistance for a
*
student services and
23
amenities fee for a period; and
24
22 Subparagraph 169-5(1)(b)(i)
25
After "unit", insert "or for a
*
student services and amenities fee
26
imposed on the person by the provider".
27
Schedule 1 Student services and amenities
12 Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
23 Section 169-30
1
Before "In", insert "(1)".
2
24 At the end of section 169-30
3
Add:
4
(2) In communications under, or for the purposes of, this Act between
5
the Commonwealth and a higher education provider concerning a
6
person who:
7
(a) has had a
*
student services and amenities fee imposed on him
8
or her by the provider; and
9
(b) has indicated that the person is seeking
*
SA-HELP assistance
10
for the fee;
11
the provider must use any identifier for that person that the
12
*
Secretary has indicated must be used in such communications.
13
25 Section 169-35
14
Before "If:", insert "(1)".
15
26 At the end of paragraph 169-35(b)
16
Add "other than
*
SA-HELP assistance".
17
27 At the end of section 169-35
18
Add:
19
(2) If:
20
(a) more than 6 weeks after the day on which a
*
student services
21
and amenities fee imposed on a person by a higher education
22
provider was payable, the person gives the provider
23
information in writing (the correct information) that
24
establishes that information contained in or accompanying a
25
*
request for Commonwealth assistance made by the person in
26
relation to the fee was incorrect; and
27
(b) the correct information establishes that the person was
28
entitled to
*
SA-HELP assistance for the fee;
29
this Act applies as if the person had never been entitled to the
30
SA-HELP assistance.
31
28 Subsections 187-1(1) and (1A)
32
After "Chapter 3", insert ", except
*
SA-HELP assistance,".
33
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 13
Note:
The following heading to subsection 187-1(1) is inserted "Assistance other than
1
SA-HELP assistance".
2
29 Subsection 187-1(3)
3
After "
*
request for Commonwealth assistance", insert ", except a
4
request for Commonwealth assistance relating to a
*
student services and
5
amenities fee,".
6
30 After subsection 187-1(3A)
7
Insert:
8
SA-HELP assistance
9
(3B) A student who is enrolled, or proposes to enrol, with a higher
10
education provider in a
*
course of study or
*
bridging course for
11
overseas-trained professionals meets the tax file number
12
requirements for
*
SA-HELP assistance if:
13
(a) the student notifies his or her
*
tax file number to an
14
*
appropriate officer of the provider, and the provider is
15
satisfied (in accordance with subsection (4)) that this number
16
is a valid tax file number; or
17
(b) the student gives to the officer a certificate from the
18
*
Commissioner stating that the student has applied to the
19
Commissioner asking the Commissioner to issue a tax file
20
number to the student.
21
(3C) Compliance by a person with subsection (3B) in relation to the
22
person's actual or proposed enrolment in a
*
course of study or
23
*
bridging course for overseas-trained professionals is to be ignored
24
in determining whether there has been compliance by the person
25
with subsection (3B) in relation to the person's actual or proposed
26
enrolment in another such course or bridging course.
27
(3D) If the student is seeking
*
SA-HELP assistance for a
*
student
28
services and amenities fee, he or she does not meet the tax file
29
number requirements for the assistance unless he or she complies
30
with subsection (3B) on or before the day the fee is payable.
31
(3E) A notification under paragraph (3B)(a) may be included in any
32
*
request for Commonwealth assistance relating to a
*
student
33
services and amenities fee imposed on the student in connection
34
Schedule 1 Student services and amenities
14 Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
with his or her enrolment in the
*
course of study or
*
bridging
1
course for overseas-trained professionals.
2
31 Paragraph 187-1(4)(a)
3
After "paragraph (1)(a)", insert "or (3B)(a)".
4
Note:
The following heading to subsection 187-1(4) is inserted "Commissioner's role".
5
32 Transitional
--
guidelines issued under subsection 187-1(4)
6
of the Higher Education Support Act 2003
7
(1)
Guidelines in force under subsection 187-1(4) of the Higher Education
8
Support Act 2003 immediately before the commencement of the
9
amendment of that subsection by this Schedule have effect after that
10
commencement as if they had been issued under that subsection as
11
amended by this Schedule.
12
(2)
Subitem (1) does not prevent the repeal or amendment of the guidelines.
13
33 Subsection 187-1(5)
14
After "paragraph (1)(b)", insert "or (3B)(b)".
15
Note:
The following heading to subsection 187-1(7) is inserted "Commissioner's guidelines
16
are legislative instruments".
17
34 After subsection 193-1(4)
18
Insert:
19
Requests for SA-HELP assistance
20
(4A) A higher education provider must notify a person in writing how to
21
*
meet the tax file number requirements if:
22
(a) the person is enrolled with the provider in a
*
course of study
23
or
*
bridging course for overseas-trained professionals; and
24
(b) the provider has imposed a
*
student services and amenities
25
fee on the person; and
26
(c) the person has, on or before the day on which the fee is
27
payable, completed, signed and given to the
*
appropriate
28
officer of the provider a
*
request for Commonwealth
29
assistance in relation to a student services and amenities fee
30
imposed on the person for a period during which he or she is
31
enrolled in the course or bridging course; and
32
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 15
(d) in that request, the person requests
*
SA-HELP assistance for
1
the student services and amenities fee; and
2
(e) the request does not include a number that purports to be the
3
person's
*
tax file number.
4
(4B) The provider must notify the person under subsection (4A):
5
(a) on or before the day the
*
student services and amenities fee is
6
payable; or
7
(b) within 7 days after the person gives the provider the
*
request
8
for Commonwealth assistance;
9
whichever is earlier.
10
35 Paragraph 193-1(5)(a)
11
Omit "or
*
OS-HELP assistance", substitute ",
*
OS-HELP assistance or
12
*
SA-HELP assistance".
13
36 At the end of Division 193
14
Add:
15
193-15 No entitle ment to SA-HELP assistance for students without
16
tax file numbe rs
17
(1) This subsection applies to a person if:
18
(a) a higher education provider has imposed a
*
student services
19
and amenities fee on the person; and
20
(b) the provider receives notice under section 190-15 or 190-20
21
to the effect that the person does not have, or no longer has, a
22
*
tax file number; and
23
(c) at the end of 28 days after the provider receives that notice,
24
the provider has not been notified of a number that the
25
provider is satisfied (in accordance with subsection (2)) is a
26
valid tax file number; and
27
(d) the person is entitled to
*
SA-HELP assistance for the fee
28
(ignoring paragraph 126-1(1)(c)).
29
Note:
If subsection (1) applies to a person:
30
(a)
the provider must repay any amount paid to the provider by the
31
Commonwealth to discharge the person's liability for the student
32
services and amenities fee (see section 128-5); and
33
(b)
the person's SA-HELP debt relating to the payment by the
34
Commonwealth is remitted (see subsection 137-16(4)).
35
Schedule 1 Student services and amenities
16 Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
(2) A higher education provider must, in deciding whether it is
1
satisfied that a number is a valid
*
tax file number for the purposes
2
of paragraph (1)(c), comply with the guidelines issued by the
3
*
Commissioner under subsection 187-1(4).
4
(3) A higher education provider must comply with any requirements,
5
set out in guidelines issued by the
*
Commissioner, relating to
6
procedures for informing persons of the need to obtain a valid
*
tax
7
file number, where the persons may be affected by subsection (1)
8
applying to them.
9
(4) A guideline issued under subsection (3) is a legislative instrument.
10
37 Section 198-5 (before table item 1)
11
Insert:
12
1AA
Amount mentioned in subparagraph
19-37(5)(e)(ii)
Section
19-37
2010
38 Subsection 238-10(1) (after table item 10)
13
Insert:
14
10A
Student Services, Amenities,
Representation and Advocacy Guidelines
section 19-67
10B
Student Services and Amenities Fee
Gu idelines
sections 19-37 and 19-38
39 Subclause 1(1) of Schedule 1 (after paragraph (b) of the
15
definition of request for Commonwealth assistance)
16
Insert:
17
(ba) in relation to a
*
student services and amenities fee imposed
18
on a person enrolled with a higher education provider in a
19
*
course of study or
*
bridging course for overseas-trained
20
professionals--has the meaning given by subsection
21
126-1(2); and
22
40 Subclause 1(1) of Schedule 1
23
Insert:
24
SA-HELP assistance means assistance payable under Part 3-5.
25
41 Subclause 1(1) of Schedule 1
26
Insert:
27
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 17
SA-HELP debt has the meaning given by section 137-16.
1
42 Subclause 1(1) of Schedule 1
2
Insert:
3
student services and amenities fee has the meaning given by
4
subsection 19-37(5).
5
Income Tax Assessment Act 1936
6
43 Paragraph 202(c)
7
After "institutions of higher education", insert "or in respect of the costs
8
of other services and amenities available to students in connection with
9
such institutions".
10
11
Schedule 2 VET FEE-HELP
18 Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
1
Schedule 2
--
VET FEE-HELP
2
3
Higher Education Support Act 2003
4
1 Subsection 137-18(2)
5
Repeal the subsection, substitute:
6
(2) The amount of the
*
VET FEE-HELP debt is:
7
(a) 120% of the loan; or
8
(b) if the
*
VET FEE-HELP Guidelines specify a lesser
9
percentage of the loan for the person--that lesser percentage
10
of the loan.
11
Note:
For specification by class, see subsection 13(3) of the Legislative
12
Instruments Act 2003.
13
2 Application
14
The amendment of section 137-18 of the Higher Education Support Act
15
2003 made by this Schedule applies to VET FEE-HELP debts relating
16
to VET units of study whose census dates are on or after 1 July 2009.
17
3 Paragraph 6(g) of Schedule 1A
18
Omit "relating to
*
VET credit transfer arrangements".
19
4 Application
20
The amendment of clause 6 of Schedule 1A to the Higher Education
21
Support Act 2003 made by this Schedule applies in relation to decisions
22
made on or after the commencement of the amendment on applications
23
for approval as a VET provider, whether the applications were made
24
before, on or after that commencement.
25
5 Paragraph 45(1)(a) of Schedule 1A
26
Omit "relating to
*
VET credit transfer arrangements".
27
6 After subclause 45(1) of Schedule 1A
28
Insert:
29
(1A) For the purposes of paragraph (1)(a), the
*
VET FEE-HELP
30
Guidelines:
31
VET FEE-HELP Schedule 2
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 19
(a) may set out different requirements relating to different
1
students undertaking the
*
VET unit of study; and
2
(b) may set out requirements relating to only some students
3
undertaking the VET unit of study (while not setting out
4
requirements relating to other students undertaking the unit).
5
7 Application
6
The amendments of clause 45 of Schedule 1A to the Higher Education
7
Support Act 2003 made by this Schedule apply to VET units of study
8
whose census dates are on or after 1 July 2009.
9
8 Paragraph 99(1)(a) of Schedule 1A
10
Omit "Part", substitute "provisions".
11
9 Paragraph 99(1)(b) of Schedule 1A
12
Omit "that Part", substitute "those provisions".
13
10 Subclause 99(1) of Schedule 1A (cell in table heading,
14
column headed "Part")
15
Repeal the cell, substitute:
16
Provisions
11 Subclause 99(1) of Schedule 1A (cell in table item 2,
17
column head
ed "Part")
18
Repeal the cell, substitute:
19
Section 137-18 and Part 2
12 Transitional
--
guidelines made under clause 99 of
20
Schedule 1A to the Higher Education Support Act 2003
21
(1)
Guidelines in force under clause 99 of Schedule 1A to the Higher
22
Education Support Act 2003 immediately before the commencement of
23
the amendments of that clause by this Schedule have effect after that
24
commencement as if they had been issued under that clause as amended
25
by this Schedule.
26
(2)
Subitem (1) does not prevent the repeal or amendment of the guidelines.
27
28
Schedule 3 Tertiary Ad mission Centres
20 Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
1
Schedule 3
--
Tertiary Admission Centres
2
3
Higher Education Support Act 2003
4
1 Section 179-5 (paragraph (b) of the definition of Personal
5
information)
6
After "purposes of", insert "Chapter 2 or".
7
2 At the end of subsection 179-15(1)
8
Add:
9
; or (d) the person is or was an
*
officer of a Tertiary Admission
10
Centre (see subsection (3B)).
11
3 After subsection 179-15(3A)
12
Insert:
13
(3B) A person is an officer of a Tertiary Admission Centre if the person
14
is:
15
(a) an officer or employee of the
*
Tertiary Admission Centre; or
16
(b) a person who, although not an officer or employee of the
17
Tertiary Admission Centre, performs services for or on
18
behalf of the Tertiary Admission Centre.
19
4 At the end of subsection 179-15(4)
20
Add:
21
; or (d) for an
*
officer of a Tertiary Admission Centre--service as
22
such an officer.
23
5 After paragraph 179-20(ca)
24
Insert:
25
(cb) disclosure by a Commonwealth officer of personal
26
information to an
*
officer of a Tertiary Admission Centre to
27
assist the officer of the Tertiary Admission Centre in
28
performing duties or functions, or in exercising powers,
29
under, or for the purposes of, this Act;
30
6 After paragraph 179-20(e)
31
Insert:
32
Tertiary Ad mission Centres Schedule 3
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 21
(ea) disclosure by an officer of a Tertiary Admission Centre of
1
personal information to a Commonwealth officer to assist the
2
Commonwealth officer in the Commonwealth officer's
3
official employment;
4
7 At the end of section 179-20
5
Add:
6
; (h) disclosure by an officer of a higher education provider of
7
personal information to an officer of a Tertiary Admission
8
Centre to assist the officer of the Tertiary Admission Centre
9
in performing duties or functions, or in exercising powers,
10
under, or for the purposes of, this Act;
11
(i) disclosure by an officer of a Tertiary Admission Centre of
12
personal information to an officer of a higher education
13
provider to assist the provider's officer in performing duties
14
or functions, or in exercising powers, under, or for the
15
purposes of, this Act.
16
8 At the end of subsection 179-25(1)
17
Add:
18
; or (d) in the case of an
*
officer of a Tertiary Admission Centre--to
19
assist the officer in performing duties or functions, or in
20
exercising powers, under, or the purposes of, this Act.
21
9 At the end of paragraph 179-35(1)(d)
22
Add:
23
; (v) the personal information is held on a computer of a
24
*
Tertiary Admission Centre;
25
(vi) the personal information is held on behalf of a Tertiary
26
Admission Centre.
27
10 After paragraph 74(1)(a) of Schedule 1A
28
Insert:
29
(aa) the person is or was an
*
officer of a Tertiary Admission
30
Centre (see subsection 179-15(3B)); or
31
11 After paragraph 74(3)(a) of Schedule 1A
32
Insert:
33
Schedule 3 Tertiary Ad mission Centres
22 Higher Education Legislation Amendment (Student Services and Amenities, and Other
Measures) Bill 2009 No. , 2009
(aa) for an
*
officer of a Tertiary Admission Centre--service as
1
such an officer; or
2
12 After paragraph 75(c) of Schedule 1A
3
Insert:
4
(ca) disclosure by a Commonwealth officer of VET personal
5
information to an
*
officer of a Tertiary Admission Centre to
6
assist the officer of the Tertiary Admission Centre in
7
performing duties or functions, or in exercising powers,
8
under, or for the purposes of, this Schedule;
9
13 At the end of clause 75 of Schedule 1A
10
Add:
11
; (e) disclosure by an officer of a VET provider of VET personal
12
information to an officer of a Tertiary Admission Centre to
13
assist the officer of the Tertiary Admission Centre in
14
performing duties or functions, or in exercising powers,
15
under, or for the purposes of, this Schedule;
16
(f) disclosure by an officer of a Tertiary Admission Centre of
17
VET personal information to a Commonwealth officer to
18
assist the Commonwealth officer in the Commonwealth
19
officer's official employment;
20
(g) disclosure by an officer of a Tertiary Admission Centre of
21
VET personal information to an officer of a VET provider to
22
assist the provider's officer in performing duties or functions,
23
or in exercising powers, under, or for the purposes of, this
24
Schedule.
25
14 After paragraph 76(1)(a) of Schedule 1A
26
Insert:
27
(aa) in the case of an
*
officer of a Tertiary Admission Centre--to
28
assist the officer in performing duties or functions, or in
29
exercising powers, under, or for the purposes of, this
30
Schedule; or
31
15 At the end of paragraph 78(1)(d) of Schedule 1A
32
Add:
33
; (iii) the VET personal information is held on a computer of a
34
*
Tertiary Admission Centre;
35
Tertiary Ad mission Centres Schedule 3
Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures)
Bill 2009 No. , 2009 23
(iv) the VET personal information is held on behalf of a
1
Tertiary Admission Centre.
2
16 Subclause 1(1) of Schedule 1
3
Insert:
4
officer of a Tertiary Admission Centre has the meaning given by
5
subsection 179-15(3B).
6
17 Subclause 1(1) of Schedule 1
7
Insert:
8
Tertiary Admission Centre means a person, body or organisation
9
that provides services in relation to student admissions and
10
enrolments on behalf of:
11
(a) higher education providers; or
12
(b)
*
VET providers; or
13
(c) both higher education providers and VET providers.
14

 


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