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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) BILL 2011
2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Legislation
Amendment (Student Services and
Amenities) Bill 2010
No. , 2010
(Tertiary Education, Skills, Jobs and Workplace Relations)
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) Bill 2010
No. , 2010
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
18
Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010 No. ,
2010 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) Act 2010.
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 Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010
No. , 2010
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 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 within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
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 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) Bill 2010 No. ,
2010 3
Schedule 1--Student services and amenities
1
2
Higher Education Support Act 2003
3
1 Paragraph 3-10(c)
4
Omit "study.", substitute "study;".
5
2 After paragraph 3-10(c)
6
Insert:
7
(d) SA-HELP assistance for meeting student services and
8
amenities fees imposed by higher education providers.
9
3 Subsection 5-1(2) (after table item 5)
10
Insert:
11
5A
Part 3-5 (SA-HELP
assistance)
Applies to eligible students of the
*
Australian
branch of the provider who are enrolled at the
Australian branch in a
*
course of study or
*
bridging course for overseas-trained
professionals.
4 At the end of section 19-37
12
Add:
13
(4) Subsection (2) does not apply to a
*
student services and amenities
14
fee that the higher education provider requires the person to pay.
15
(5)
A
student services and amenities fee is an amount:
16
(a) that a higher education provider requires a person enrolled, or
17
seeking to enrol, with the provider to pay for a period starting
18
on or after 1 January 2011 to support the provision to
19
students of amenities and services not of an academic nature,
20
regardless of whether the person chooses to use any of those
21
amenities and services; and
22
(b) that is determined by the provider in accordance with the
23
Administration Guidelines; and
24
(c) that is not more than the amount worked out for that period
25
for the person in accordance with those guidelines; and
26
(d) that is payable on a day determined in accordance with those
27
guidelines; and
28
Schedule 1 Student services and amenities
4 Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010
No. , 2010
(e) that is such that the total of all amounts that are covered by
1
paragraphs (a), (b), (c) and (d) for the same provider and
2
person is not more than $250, for amounts for periods falling
3
wholly or partly within a calendar year starting on or after
4
1 January 2011.
5
Note 1:
The Administration Guidelines are made by the Minister under
6
section 238-10.
7
Note 2:
The amount of $250 mentioned in paragraph (5)(e) is indexed under
8
Part 5-6.
9
Note 3:
Paragraph 19-102(3)(b) prevents a student services and amenities fee
10
from being a fee as defined in section 19-102.
11
(6) If a higher education provider determines a
*
student services and
12
amenities fee, the provider:
13
(a) must publish, in accordance with the Administration
14
Guidelines:
15
(i) enough information to enable a person liable to pay the
16
fee to work out the amount of the fee; and
17
(ii) notice of the day on which the fee is payable; and
18
(b) must, on request by a person who is or may become liable to
19
pay the fee, inform the person of the amount of the fee and
20
the day on which it is or would be payable.
21
5 After section 19-37
22
Insert:
23
19-38 Higher education providers' expenditure of student services
24
and amenities fees
25
(1) A higher education provider must not spend an amount paid to the
26
provider as a
*
student services and amenities fee to support:
27
(a) a political party; or
28
(b) the election of a person as a member of:
29
(i) the legislature of the Commonwealth, a State or a
30
Territory; or
31
(ii) a local government body.
32
(2) If a higher education provider pays a person or organisation an
33
amount paid to the provider as a
*
student services and amenities
34
fee, the provider must make the payment on the condition that none
35
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010 No. ,
2010 5
of the payment is to be spent by the person or organisation to
1
support:
2
(a) a political party; or
3
(b) the election of a person as a member of:
4
(i) the legislature of the Commonwealth, a State or a
5
Territory; or
6
(ii) a local government body.
7
(3) A higher education provider must not spend, for a purpose other
8
than that specified in subsection (4), an amount paid to the provider
9
as a
*
student services and amenities fee.
10
(4) Subsection (3) does not prohibit expenditure for a purpose that
11
relates to the provision of any of the following services:
12
(a) providing food or drink to students on a campus of the higher
13
education provider;
14
(b) supporting a sporting or other recreational activity by
15
students;
16
(c) supporting the administration of a club most of whose
17
members are students;
18
(d) caring for children of students;
19
(e) providing legal services to students;
20
(f) promoting the health or welfare of students;
21
(g) helping students secure accommodation;
22
(h) helping students obtain employment or advice on careers;
23
(i) helping students with their financial affairs;
24
(j) helping students obtain insurance against personal accidents;
25
(k) supporting debating by students;
26
(l) providing libraries and reading rooms (other than those
27
provided for academic purposes) for students;
28
(m) supporting an artistic activity by students;
29
(n) supporting the production and dissemination to students of
30
media whose content is provided by students;
31
(o) helping students develop skills for study, by means other than
32
undertaking
*
courses of study in which they are enrolled;
33
(p) advising on matters arising under the higher education
34
provider's rules (however described);
35
(q) advocating students' interests in matters arising under the
36
higher education provider's rules (however described);
37
Schedule 1 Student services and amenities
6 Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010
No. , 2010
(r) giving students information to help them in their orientation;
1
(s) helping meet the specific needs of
*
overseas students relating
2
to their welfare, accommodation and employment.
3
Note:
Examples of expenditure for a purpose that relates to the provision of
4
a service specified in subsection (4) include:
5
(a) expenditure by the higher education provider in directly
6
providing the service; and
7
(b) expenditure by the higher education provider in getting someone
8
else to provide the service or subsidising the provision of the
9
service by someone else; and
10
(c) expenditure by the higher education provider on infrastructure
11
for the provision of the service.
12
(5) Without limiting who is a child of a person for the purposes of
13
paragraph (4)(d), someone is the child of a person if he or she is a
14
child of the person within the meaning of the Family Law Act
15
1975.
16
(6) To avoid doubt, subsections (1), (2) and (3) apply to an advance
17
made to a higher education provider on account of
*
SA-HELP
18
assistance in the same way as they apply to an amount paid to the
19
provider as a
*
student services and amenities fee.
20
Note:
An amount of SA-HELP assistance paid to a provider is an amount
21
paid to the provider as a student services and amenities fee because,
22
under section 128-1, the SA-HELP assistance is paid to discharge the
23
student's liability to pay the fee.
24
(7) Subsection (6) does not limit subsection 164-10(2).
25
Note:
Subsection 164-10(2) applies to an advance on account of an amount
26
the conditions that would apply to payment of the amount.
27
6 After section 19-65
28
Insert:
29
19-67 Special requirements for student services, amenities,
30
representation and advocacy in 2012 and later years
31
(1) A higher education provider that receives a grant under Part 2-2 in
32
respect of the year 2012 or a later year must comply in respect of
33
the year with the requirements of the Student Services, Amenities,
34
Representation and Advocacy Guidelines as those guidelines were
35
in force on the 30 June just before the year.
36
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010 No. ,
2010 7
Note:
The Student Services, Amenities, Representation and Advocacy
1
Guidelines are made by the Minister under section 238-10.
2
(2) The Student Services, Amenities, Representation and Advocacy
3
Guidelines may provide for:
4
(a) requirements for providing students with information about
5
services that are not of an academic nature and that support
6
students; and
7
(b) requirements for providing students with access to such
8
services; and
9
(c) requirements relating to the representation and advocacy of
10
the interests of students.
11
(3) However, the Student Services, Amenities, Representation and
12
Advocacy Guidelines cannot require a provider to fund an
13
organisation of students, or of students and other persons.
14
(4) Subsection 19-65(1) does not apply in relation to the Student
15
Services, Amenities, Representation and Advocacy Guidelines.
16
7 Section 65-1
17
Omit "3 kinds" (wherever occurring), substitute "4 kinds".
18
8 Section 65-1
19
Omit:
20
·
OS-HELP assistance--assistance to a student who, as part of
21
his or her course of study, is to undertake study at an overseas
22
higher education institution (see Part 3.4).
23
Substitute:
24
·
OS-HELP assistance--assistance to a student who, as part of
25
his or her course of study, is to undertake study at an overseas
26
higher education institution (see Part 3-4);
27
·
SA-HELP assistance--assistance to a student on whom a
28
student services and amenities fee is imposed (see Part 3-5).
29
9 Section 65-1
30
Schedule 1 Student services and amenities
8 Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010
No. , 2010
Omit "and FEE-HELP assistance)", substitute ", FEE-HELP assistance
1
and SA-HELP assistance)".
2
10 At the end of Chapter 3
3
Add:
4
Part 3-5--SA-HELP assistance
5
Division 125--Introduction
6
125-1 What this Part is about
7
A student may be entitled to SA-HELP assistance for a student
8
services and amenities fee imposed on him or her by a higher
9
education provider, if certain requirements are met.
10
The amount of the assistance is the amount of the fee, less any
11
amounts of the fee paid on or before the day the fee is payable
12
(except any SA-HELP assistance paid under this Part). The
13
assistance is paid to the provider to discharge the student's liability
14
to pay the fee.
15
Note:
Amounts of assistance under this Part may form part of a person's
16
HELP debts that the Commonwealth recovers under Part 4-2.
17
Division 126--Who is entitled to SA-HELP assistance?
18
126-1 Entitlement to SA-HELP assistance
19
(1) A student is entitled to
*
SA-HELP assistance for a
*
student
20
services and amenities fee imposed on the student for a period by a
21
higher education provider if:
22
(a) the student meets the citizenship or residency requirements
23
under section 126-5; and
24
(b) the student is enrolled with the provider in a
*
course of study
25
or a
*
bridging course for overseas-trained professionals on
26
the day on which the fee is payable; and
27
(c)
the
student
*
meets the tax file number requirements (see
28
section 187-1); and
29
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010 No. ,
2010 9
(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 requirements
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
Schedule 1 Student services and amenities
10 Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010
No. , 2010
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 number
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
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010 No. ,
2010 11
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
Schedule 1 Student services and amenities
12 Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010
No. , 2010
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
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010 No. ,
2010 13
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
Schedule 1 Student services and amenities
14 Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010
No. , 2010
After "Chapter 3", insert ", except
*
SA-HELP assistance,".
1
Note:
The following heading to subsection 187-1(1) is inserted "Assistance other than
2
SA-HELP assistance".
3
29 Subsection 187-1(3)
4
After "
*
request for Commonwealth assistance", insert ", except a
5
request for Commonwealth assistance relating to a
*
student services and
6
amenities fee,".
7
30 After subsection 187-1(3A)
8
Insert:
9
SA-HELP assistance
10
(3B) A student who is enrolled, or proposes to enrol, with a higher
11
education provider in a
*
course of study or
*
bridging course for
12
overseas-trained professionals meets the tax file number
13
requirements for
*
SA-HELP assistance if:
14
(a) the student notifies his or her
*
tax file number to an
15
*
appropriate officer of the provider, and the provider is
16
satisfied (in accordance with subsection (4)) that this number
17
is a valid tax file number; or
18
(b) the student gives to the officer a certificate from the
19
*
Commissioner stating that the student has applied to the
20
Commissioner asking the Commissioner to issue a tax file
21
number to the student.
22
(3C) Compliance by a person with subsection (3B) in relation to the
23
person's actual or proposed enrolment in a
*
course of study or
24
*
bridging course for overseas-trained professionals is to be ignored
25
in determining whether there has been compliance by the person
26
with subsection (3B) in relation to the person's actual or proposed
27
enrolment in another such course or bridging course.
28
(3D) If the student is seeking
*
SA-HELP assistance for a
*
student
29
services and amenities fee, he or she does not meet the tax file
30
number requirements for the assistance unless he or she complies
31
with subsection (3B) on or before the day the fee is payable.
32
(3E) A notification under paragraph (3B)(a) may be included in any
33
*
request for Commonwealth assistance relating to a
*
student
34
services and amenities fee imposed on the student in connection
35
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010 No. ,
2010 15
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
Schedule 1 Student services and amenities
16 Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010
No. , 2010
(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 entitlement to SA-HELP assistance for students without
16
tax file numbers
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
Student services and amenities Schedule 1
Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010 No. ,
2010 17
(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 paragraph 19-37(5)(e)
Section
19-37
2011
38 Subsection 238-10(1) (table item 1, column headed
13
"Chapter/Part/section")
14
Before "Chapter 5", insert "Section 19-37;".
15
39 Subsection 238-10(1) (after table item 10)
16
Insert:
17
10A
Student Services, Amenities,
Representation and Advocacy Guidelines
section 19-67
40 Subclause 1(1) of Schedule 1 (after paragraph (b) of the
18
definition of request for Commonwealth assistance)
19
Insert:
20
(ba) in relation to a
*
student services and amenities fee imposed
21
on a person enrolled with a higher education provider in a
22
*
course of study or
*
bridging course for overseas-trained
23
professionals--has the meaning given by subsection
24
126-1(2); and
25
41 Subclause 1(1) of Schedule 1
26
Insert:
27
SA-HELP assistance means assistance payable under Part 3-5.
28
Schedule 1 Student services and amenities
18 Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010
No. , 2010
42 Subclause 1(1) of Schedule 1
1
Insert:
2
SA-HELP debt has the meaning given by section 137-16.
3
43 Subclause 1(1) of Schedule 1
4
Insert:
5
student services and amenities fee has the meaning given by
6
subsection 19-37(5).
7
Income Tax Assessment Act 1936
8
44 Paragraph 202(c)
9
After "institutions of higher education", insert "or in respect of the costs
10
of other services and amenities available to students in connection with
11
such institutions".
12