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

HIGHER EDUCATION SUPPORT AMENDMENT (VET FEE-HELP AND TERTIARY ADMISSION CENTRES) BILL 2009

2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Support Amendment
(VET FEE-HELP and Tertiary
Admission Centres) Bill 2009
No. , 2009
(Education)
A Bill for an Act to amend the Higher Education
Support Act 2003, and for related purposes
i Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres)
Bill 2009 No. , 2009
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--VET FEE-HELP
3
Higher Education Support Act 2003
3
Schedule 2--Tertiary Admission Centres
5
Higher Education Support Act 2003
5
Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill
2009 No. , 2009 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 may be cited as the Higher Education Support
5
Amendment (VET FEE-HELP and Tertiary Admission Centres) Act
6
2009.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission
Centres) Bill 2009 No. , 2009
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
VET FEE-HELP Schedule 1
Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill
2009 No. , 2009 3
Schedule 1--VET FEE-HELP
1
2
Higher Education Support Act 2003
3
1 Subsection 137-18(2)
4
Repeal the subsection, substitute:
5
(2) The amount of the
*
VET FEE-HELP debt is:
6
(a) 120% of the loan; or
7
(b)
if
the
*
VET FEE-HELP Guidelines specify a lesser
8
percentage of the loan for the person--that lesser percentage
9
of the loan.
10
Note:
For specification by class, see subsection 13(3) of the Legislative
11
Instruments Act 2003.
12
2 Application
13
The amendment of section 137-18 of the Higher Education Support Act
14
2003 made by this Schedule applies to VET FEE-HELP debts (incurred
15
before, on or after the commencement of the amendment) relating to
16
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
Schedule 1 VET FEE-HELP
4 Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission
Centres) Bill 2009 No. , 2009
(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 headed "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
Tertiary Admission Centres Schedule 2
Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill
2009 No. , 2009 5
Schedule 2--Tertiary Admission Centres
1
2
Higher Education Support Act 2003
3
1 Section 179-5 (paragraph (b) of the definition of Personal
4
information)
5
After "purposes of", insert "Chapter 2 or".
6
2 At the end of subsection 179-15(1)
7
Add:
8
; or (d) the person is or was an
*
officer of a Tertiary Admission
9
Centre (see subsection (3B)).
10
3 After subsection 179-15(3A)
11
Insert:
12
(3B) A person is an officer of a Tertiary Admission Centre if the person
13
is:
14
(a) an officer or employee of the
*
Tertiary Admission Centre; or
15
(b) a person who, although not an officer or employee of the
16
Tertiary Admission Centre, performs services for or on
17
behalf of the Tertiary Admission Centre.
18
4 At the end of subsection 179-15(4)
19
Add:
20
; or (d) for an
*
officer of a Tertiary Admission Centre--service as
21
such an officer.
22
5 After paragraph 179-20(ca)
23
Insert:
24
(cb) disclosure by a Commonwealth officer of personal
25
information to an
*
officer of a Tertiary Admission Centre to
26
assist the officer of the Tertiary Admission Centre in
27
performing duties or functions, or in exercising powers,
28
under, or for the purposes of, this Act;
29
6 After paragraph 179-20(e)
30
Insert:
31
Schedule 2 Tertiary Admission Centres
6 Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission
Centres) Bill 2009 No. , 2009
(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 for 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
Tertiary Admission Centres Schedule 2
Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill
2009 No. , 2009 7
(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
Schedule 2 Tertiary Admission Centres
8 Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission
Centres) Bill 2009 No. , 2009
(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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