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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Support Amendment
(2021 Measures No. 1) Bill 2021
No. , 2021
(Education, Skills and Employment)
A Bill for an Act to amend the Higher Education
Support Act 2003, and for related purposes
No. , 2021
Higher Education Support Amendment (2021 Measures No. 1) Bill
2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Higher Education Support Act 2003
3
No. , 2021
Higher Education Support Amendment (2021 Measures No. 1) Bill
2021
1
A Bill for an Act to amend the Higher Education
1
Support Act 2003, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Higher Education Support Amendment (2021
5
Measures No. 1) Act 2021
.
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 Support Amendment (2021 Measures No. 1) Bill
2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
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 Schedules
7
Legislation 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repealed as set out in the applicable items in the Schedule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
Amendments
Schedule 1
No. , 2021
Higher Education Support Amendment (2021 Measures No. 1) Bill
2021
3
Schedule 1--Amendments
1
2
Higher Education Support Act 2003
3
1 Subsection 16-20(1) (table)
4
Before:
5
6
Bond University Limited
7
insert:
8
9
Avondale University
2 Subsection 41-10(1) (at the end of the table)
10
Add:
11
12
14
Grants to assist higher
education providers to
translate research into
commercial outcomes,
including through
collaboration with industry
*
Table A providers,
*
Table B
providers and bodies corporate
that are specified in the Other
Grants Guidelines for the
purposes of this item
13
3 Subclause 1(1) of Schedule 1 (after subparagraph (a)(i) of
14
the definition of grandfathered student)
15
Insert:
16
(ia) the person commenced a course of study (the
ongoing
17
course
) with a higher education provider before
18
1 January 2021 and, on or after that day, the person
19
completes the ongoing course and commences another
20
course of study (the
honours course
) that relates to the
21
ongoing course and that is leading to a
*
higher
22
education award that is an honours degree;
23
Schedule 1
Amendments
4
Higher Education Support Amendment (2021 Measures No. 1) Bill
2021
No. , 2021
4 Subclause 1(1) of Schedule 1 (subparagraph (a)(ii) of the
1
definition of grandfathered student)
2
Omit "
*
higher education award", substitute "higher education award".
3
5 Application
--definition of grandfathered student
4
The amendment made by item 3 of this Schedule applies on and after
5
the commencement of that item in relation to a person who undertakes a
6
unit of study in an ongoing course or an honours course that has a
7
census date on or after 1 January 2021, whether the person enrolled in
8
that unit of study before, on or after the commencement of that item.
9
6 Transitional rules
10
(1)
The Minister may, by legislative instrument, make rules prescribing
11
matters of a transitional nature (including prescribing any saving or
12
application provisions) relating to the amendments or repeals made by
13
this Schedule.
14
(2)
Without limiting subitem (1), the rules may make provision for, or in
15
relation to, the following matters:
16
(a) requiring a higher education provider to refund amounts of
17
upfront payments made by a transitional grandfathered
18
student;
19
(b) requiring a higher education provider, or the Secretary, to
20
re-credit the HELP balance of a transitional grandfathered
21
student;
22
(c) requiring a higher education provider to repay amounts paid
23
by the Commonwealth to the higher education provider under
24
Division 96 of the
Higher Education Support Act 2003
in
25
respect of a transitional grandfathered student;
26
(d) the circumstances in which a transitional grandfathered
27
student's HECS-HELP debt is to be remitted or reduced;
28
(e) the circumstances in which the whole or part of an amount
29
payable under the rules is taken to be a debt due to the
30
Commonwealth;
31
(f) any other matters that will, to the greatest extent possible, put
32
transitional grandfathered students in the same position they
33
would have been had they been a grandfathered student
34
Amendments
Schedule 1
No. , 2021
Higher Education Support Amendment (2021 Measures No. 1) Bill
2021
5
within the meaning of the
Higher Education Support Act
1
2003
, as in force on 1 January 2021.
2
(3)
Without limiting subitem (1), rules that make provision for, or in
3
relation to, a matter mentioned in subitem (2) may do so by providing
4
that this Act, the
Higher Education Support Act 2003
, or any other Act
5
or instrument has effect with any modifications prescribed by the rules.
6
(4)
Rules under subitem (1) may only be made before the end of the period
7
of 12 months starting on the day this Schedule commences (but may
8
continue to apply on and after the end of that period, and may be
9
revoked by the Minister, by legislative instrument, before, on or after
10
the end of that period).
11
(5)
To avoid doubt, the rules may not do the following:
12
(a) create an offence or civil penalty;
13
(b) provide powers of:
14
(i) arrest or detention; or
15
(ii) entry, search or seizure;
16
(c) impose a tax;
17
(d) set an amount to be appropriated from the Consolidated
18
Revenue Fund under an appropriation in this Act;
19
(e) directly amend the text of this Act.
20
(6)
This Schedule (other than subitem (5)) does not limit the rules that may
21
be made for the purposes of subitem (1).
22
(7)
In this item:
23
transitional grandfathered student
: a person is a
transitional
24
grandfathered student
if:
25
(a) the person is a grandfathered student because of
26
subparagraph (a)(ia) of the definition of that term in
27
Schedule 1 to the
Higher Education Support Act 2003
, as
28
amended by this Schedule; and
29
(b) the person enrolled in a unit of study in an honours course
30
referred to in that subparagraph during the period starting on
31
1 January 2021 and ending on the day before the
32
commencement of this Schedule.
33