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This is a Bill, not an Act. For current law, see the Acts databases.
HIGHER EDUCATION SUPPORT AMENDMENT (ABOLITION OF COMPULSORY UP-FRONT STUDENT UNION FEES) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Support Amendment
(Abolition of Compulsory Up-front
Student Union Fees) Bill 2005
No. , 2005
(Education, Science and Training)
A Bill for an Act to amend the Higher Education
Support Act 2003, and for related purposes
i Higher Education Support Amendment (Abolition of Compulsory Up-front Student Union
Fees) Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................1
Schedule 1--Amendments
3
Higher Education Support Act 2003
3
Higher Education Support Amendment (Abolition of Compulsory Up-front Student Union Fees)
Bill 2005 No. , 2005 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 (Abolition of Compulsory Up-front Student Union
6
Fees) Act 2005.
7
2 Commencement
8
This Act commences on 1 January 2006.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Higher Education Support Amendment (Abolition of Compulsory Up-front Student Union
Fees) Bill 2005 No. , 2005
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Amendments Schedule 1
Higher Education Support Amendment (Abolition of Compulsory Up-front Student Union Fees)
Bill 2005 No. , 2005 3
1
Schedule 1--Amendments
2
3
Higher Education Support Act 2003
4
1 After section 19-35
5
Insert:
6
19-37 Requiring membership of certain organisations or payment of
7
certain amounts
8
(1) A higher education provider must not:
9
(a) require a person to be or to become a member of an
10
organisation of students, or of students and other persons; or
11
(b) require a person enrolled with, or seeking to enrol with, the
12
provider to pay to the provider or any other entity an amount
13
in respect of an organisation of students, or of students and
14
other persons;
15
unless the person has chosen to be or to become a member of the
16
organisation.
17
(2) A higher education provider must not require a person enrolled
18
with, or seeking to enrol with, the provider to pay to the provider
19
or any other entity an amount for the provision to students of an
20
amenity, facility or service that is not of an academic nature, unless
21
the person has chosen to use the amenity, facility or service.
22
(3) Subsection (2) does not apply to an amount that the higher
23
education provider requires the person to pay if the amount is for
24
goods or services that:
25
(a) are essential for the course of study in which the person is
26
enrolled or seeking to enrol; and
27
(b) the person has the choice of acquiring from, but does not
28
acquire from, a supplier other than the higher education
29
provider; and
30
(c) either:
31
(i) are goods that become the property of the person that
32
are not intended to be consumed during the course of
33
study; or
34
Schedule 1 Amendments
4 Higher Education Support Amendment (Abolition of Compulsory Up-front Student Union
Fees) Bill 2005 No. , 2005
(ii) consist of food, transport or accommodation associated
1
with provision of field trips in connection with the
2
course of study.
3
2 At the end of subsection 33-20(2)
4
Add:
5
Note:
A higher education provider's basic grant amount for the grant year
6
can also be adjusted in respect of the grant year under section 33-37.
7
3 At the end of Subdivision 33-C
8
Add:
9
33-37 Adjustments for breach of section 19-37
10
(1) A higher education provider's
*
basic grant amount for the grant
11
year is reduced by an adjustment in respect of the grant year if, on
12
one or more occasions during the grant year, the provider breaches
13
a condition imposed under section 19-37.
14
(2) The adjustment under subsection (1) is an amount worked out
15
using the formula:
16
Reduction amount
Total places allocated
17
where:
18
reduction amount is $100.
19
Note:
The reduction amount is indexed under Part 5-6.
20
total places allocated is the total number of Commonwealth
21
supported places allocated under section 30-10 to the higher
22
education provider for the grant year.
23
(3) This section does not apply in relation to a breach of a condition
24
imposed under section 19-37 by a higher education provider if:
25
(a) the breach consists of requiring a person to pay money to the
26
provider or another entity; and
27
(b) as a result of the requirement, the person paid money to the
28
provider or other entity; and
29
(c) the Minister has given a written notice to the provider under
30
subsection (4); and
31
Amendments Schedule 1
Higher Education Support Amendment (Abolition of Compulsory Up-front Student Union Fees)
Bill 2005 No. , 2005 5
(d) the provider or other entity repays the money to the person
1
within 28 days after the Minister gave the notice to the
2
provider.
3
(4) If the Minister becomes aware that:
4
(a) a higher education provider has breached a condition
5
imposed under section 19-37; and
6
(b) the breach consists of requiring a person to pay money to the
7
provider or another entity;
8
the Minister must give to the provider a written notice:
9
(c) requiring repayment, within 28 days after the notice is given,
10
of any money paid to the provider or any other entity as a
11
result of the requirement; and
12
(d) stating that failure to repay any such money within that
13
period will result in a reduction under this section of the
14
provider's
*
basic grant amount for the grant year in question.
15
The notice may relate to more than one breach.
16
(5) A failure by the Minister to give a notice under subsection (4) in
17
relation to a breach of a condition imposed under section 19-37
18
does not prevent this section from applying in relation to the
19
breach.
20
(6) This section does not apply more than once in relation to a higher
21
education provider's
*
basic grant amount for a grant year.
22
4 After paragraph 54-5(b)
23
Insert:
24
(ba) if the breach is a breach of a condition imposed under
25
section 19-37--the amount of any adjustment under
26
section 33-37 in relation to that breach, or any other breach
27
by the body, during the same year;
28
5 At the end of subsection 104-3(1)
29
Add "or with subsection (5)".
30
Note:
The heading to section 104-3 is altered by inserting "etc." after "Guidelines".
31
6 At the end of section 104-3
32
Add:
33
Schedule 1 Amendments
6 Higher Education Support Amendment (Abolition of Compulsory Up-front Student Union
Fees) Bill 2005 No. , 2005
(5)
*
Open Learning Australia must comply with section 19-37 as if it
1
were a higher education provider.
2
7 Section 198-5 (after table item 1)
3
Insert:
4
1A
Reduction amount
Section
33-37
2007
5