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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018-2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Higher Education Legislation
Amendment (Voluntary Student Services
and Amenities Fee) Bill 2019
No. , 2019
(Senator McGrath)
A Bill for an Act to prevent higher education
providers charging a mandatory student services
and amenities fee, and for related purposes
No. , 2019
Higher Education Legislation Amendment (Voluntary Student Services
and Amenities Fee) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Higher Education Support Act 2003
3
No. , 2019
Higher Education Legislation Amendment (Voluntary Student Services
and Amenities Fee) Bill 2019
1
A Bill for an Act to prevent higher education
1
providers charging a mandatory student services
2
and amenities fee, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Higher Education Legislation Amendment
6
(Voluntary Student Services and Amenities Fee) Act 2019.
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 (Voluntary Student Services
and Amenities Fee) Bill 2019
No. , 2019
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
31 May 2019
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repealed as set out in the applicable items in the Schedule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
Amendments Schedule 1
No. , 2019
Higher Education Legislation Amendment (Voluntary Student Services
and Amenities Fee) Bill 2019
3
Schedule 1--Amendments
1
2
Higher Education Support Act 2003
3
1 Paragraph 3-10(c)
4
Omit "study;", substitute "study.".
5
2 Paragraph 3-10(d)
6
Repeal the paragraph.
7
3 Subsection 5-1(2) (table item 5A)
8
Repeal the item.
9
4 Subsections 19-37(4), (5) and (6)
10
Repeal the subsections.
11
5 Section 19-38
12
Repeal the section.
13
6 Section 19-67
14
Repeal the section.
15
7 Section 65-1
16
Omit "4 kinds" (wherever occurring), substitute "3 kinds".
17
8 Section 65-1
18
Omit:
19
•
OS-HELP assistance--assistance to a student who, as part of
20
his or her course of study, is to undertake study at an overseas
21
higher education institution (see Part 3-4);
22
•
SA-HELP assistance--assistance to a student on whom a
23
student services and amenities fee is imposed (see Part 3-5).
24
substitute:
25
Schedule 1 Amendments
4
Higher Education Legislation Amendment (Voluntary Student Services
and Amenities Fee) Bill 2019
No. , 2019
•
OS-HELP assistance--assistance to a student who, as part of
1
his or her course of study, is to undertake study at an overseas
2
higher education institution (see Part 3-4).
3
9 Section 65-1 (paragraph relating to the Commonwealth
4
paying assistance to the relevant higher education
5
provider)
6
Omit ", FEE-HELP assistance and SA-HELP assistance", substitute
7
"and FEE-HELP assistance".
8
10 Part 3-5
9
Repeal the Part.
10
11 Section 134-1
11
Omit:
12
A person incurs a HELP debt if he or she receives, as HECS-HELP
13
assistance, FEE-HELP assistance, OS-HELP assistance or
14
SA-HELP assistance, a loan from the Commonwealth under
15
Chapter 3.
16
substitute:
17
A person incurs a HELP debt if he or she receives, as HECS-HELP
18
assistance, FEE-HELP assistance or OS-HELP assistance, a loan
19
from the Commonwealth under Chapter 3.
20
12 Paragraph 137-1(ca)
21
Repeal the paragraph.
22
13 Section 137-16
23
Repeal the section.
24
14 Subsection 140-5(1) (method statement, step 2,
25
paragraph (ea))
26
Repeal the paragraph.
27
Amendments Schedule 1
No. , 2019
Higher Education Legislation Amendment (Voluntary Student Services
and Amenities Fee) Bill 2019
5
15 Subsection 140-5(1) (method statement, step 2, note)
1
Omit "(ea),".
2
16 Subsection 140-25(1A) (method statement, step 1,
3
paragraph (ea))
4
Repeal the paragraph.
5
17 Subsection 140-25(1A) (method statement, step 1, note)
6
Omit "(ea),".
7
18 Subparagraph 154-55(1)(a)(ii)
8
Omit "months;", substitute "months; and".
9
19 Subparagraph 154-55(1)(a)(iii)
10
Repeal the subparagraph.
11
20 Subparagraph 169-5(1)(b)(i)
12
Omit "or for a
*
student services and amenities fee imposed on the
13
person by the provider".
14
21 Subsection 169-30(1)
15
Omit "(1)".
16
22 Subsection 169-30(2)
17
Repeal the subsection.
18
23 Subsection 169-35(1)
19
Omit "(1)".
20
24 Paragraph 169-35(1)(b)
21
Omit "other than
*
SA-HELP assistance".
22
25 Subsection 169-35(2)
23
Repeal the subsection.
24
26 Subsection 187-1(1) (heading)
25
Repeal the heading.
26
Schedule 1 Amendments
6
Higher Education Legislation Amendment (Voluntary Student Services
and Amenities Fee) Bill 2019
No. , 2019
27 Subsections 187-1(1) and (1A)
1
Omit ", except
*
SA-HELP assistance,".
2
28 Subsection 187-1(3)
3
Omit ", except a request for Commonwealth assistance relating to a
4
*
student services and amenities fee,".
5
29 Subsections 187-1(3B) to (3E)
6
Repeal the subsections.
7
30 Paragraph 187-1(4)(a)
8
Omit "or (3B)(a)".
9
31 Subsection 187-1(5)
10
Omit "or (3B)(b)".
11
32 Subsections 193-1(4A) and (4B)
12
Repeal the subsections.
13
33 Paragraph 193-1(5)(a)
14
Omit ",
*
OS-HELP assistance or
*
SA-HELP assistance", substitute "or
15
*
OS-HELP assistance".
16
34 Section 193-15
17
Repeal the section.
18
35 Subsection 198-5(1) (table item 1A)
19
Repeal the item.
20
36 Subsection 238-10(1) (table item 1, column headed
21
"Chapter/Part/section")
22
Omit "section 19-37;".
23
37 Subsection 238-10(1) (table item 10A)
24
Repeal the item.
25
Amendments Schedule 1
No. , 2019
Higher Education Legislation Amendment (Voluntary Student Services
and Amenities Fee) Bill 2019
7
38 Subclause 1(1) of Schedule 1 (paragraph (ba) of the
1
definition of request for Commonwealth assistance)
2
Repeal the paragraph.
3
39 Subclause 1(1) of Schedule 1 (definition of SA-HELP
4
assistance)
5
Repeal the definition.
6
40 Subclause 1(1) of Schedule 1 (definition of SA-HELP debt)
7
Repeal the definition.
8
41 Subclause 1(1) of Schedule 1 (definition of student
9
services and amenities fee)
10
Repeal the definition.
11
42 Transitional rules
12
(1)
The Minister may, by legislative instrument, make rules in relation to
13
transitional matters (including prescribing saving or application
14
provisions) arising out of the amendments made by this Schedule.
15
(2)
Without limiting subitem (1), rules made for the purposes of this item
16
may deal with any of the following matters:
17
(a) the periods in respect of which the amendments begin to
18
apply;
19
(b) the application of the Act in relation to student services and
20
amenities fees paid in respect of periods before the periods
21
referred to in paragraph (a);
22
(c) providing SA-HELP assistance in respect of student services
23
and amenities fees paid in respect of periods before the
24
periods referred to in paragraph (a);
25
(d) administering SA-HELP debts incurred in respect of student
26
services and amenities fees paid in respect of periods before
27
the periods referred to in paragraph (a).
28
(3)
To avoid doubt, the rules may not do the following:
29
(a) create an offence or civil penalty;
30
(b) provide powers of:
31
(i) arrest or detention; or
32
Schedule 1 Amendments
8
Higher Education Legislation Amendment (Voluntary Student Services
and Amenities Fee) Bill 2019
No. , 2019
(ii) entry, search or seizure;
1
(c) impose a tax;
2
(d) set an amount to be appropriated from the Consolidated
3
Revenue Fund under an appropriation in this Act;
4
(e) directly amend the text of this Act.
5