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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Higher Education Support Amendment
(New Zealand Citizens) Bill 2015
No. , 2015
(Senator Carr)
A Bill for an Act to amend the Higher Education
Support Act 2003, and for related purposes
No. , 2015
Higher Education Support Amendment (New Zealand Citizens) Bill
2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Higher Education Support Act 2003
3
No. , 2015
Higher Education Support Amendment (New Zealand Citizens) Bill
2015
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 (New Zealand Citizens) Act 2015.
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
2
Higher Education Support Amendment (New Zealand Citizens) Bill
2015
No. , 2015
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
1 January 2016.
1 January 2016
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repealed as set out in the applicable items in the Schedule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. , 2015
Higher Education Support Amendment (New Zealand Citizens) Bill
2015
3
Schedule 1
--Amendments
1
2
3
Higher Education Support Act 2003
4
1 After subsection 90-5(2)
5
Insert:
6
(2A) A student also meets the citizenship or residency requirements
7
under this section in relation to a unit of study if the student:
8
(a) is a New Zealand citizen; and
9
(b) holds a special category visa under the Migration Act 1958;
10
and
11
(c) both:
12
(i) first began to be usually resident in Australia at least 10
13
years before the test day in subsection (2B) (the test
14
day); and
15
(ii) was a
*
dependent child when he or she first began to be
16
usually resident in Australia; and
17
(d) has been in Australia for a period of, or for periods totalling,
18
8 years during the 10 years immediately before the test day;
19
and
20
(e) has been in Australia for a period of, or for periods totalling,
21
18 months during the 2 years immediately before the test day.
22
(2B) For the purposes of subsection (2A), the test day is the earlier of:
23
(a) if the student has previously made a successful
*
request for
24
Commonwealth assistance under this Chapter for a unit that
25
formed part of the same
*
course of study--the day the
26
student first made such a request; or
27
(b) otherwise--the day the student made the request for
28
Commonwealth assistance in relation to the unit.
29
2 Section 90-5(3)
30
Omit "and (2)", substitute ", (2) and (2A)".
31
3 After subsection 104-5(2)
32
Add:
33
Schedule 1 Amendments
4
Higher Education Support Amendment (New Zealand Citizens) Bill
2015
No. , 2015
(2A) A student also meets the citizenship or residency requirements
1
under this section in relation to a unit of study if the student:
2
(a) is a New Zealand citizen; and
3
(b) holds a special category visa under the Migration Act 1958;
4
and
5
(c) both:
6
(i) first began to be usually resident in Australia at least 10
7
years before the test day in subsection (2B) (the test
8
day); and
9
(ii) was a
*
dependent child when he or she first began to be
10
usually resident in Australia; and
11
(d) has been in Australia for a period of, or for periods totalling,
12
8 years during the 10 years immediately before the test day;
13
and
14
(e) has been in Australia for a period of, or for periods totalling,
15
18 months during the 2 years immediately before the test day.
16
(2B) For the purposes of subsection (2A), the test day is the earlier of:
17
(a) if the student has previously made a successful
*
request for
18
Commonwealth assistance under this Chapter for a unit that
19
formed part of the same
*
course of study--the day the
20
student first made such a request; or
21
(b) otherwise--the day the student made the request for
22
Commonwealth assistance in relation to the unit.
23
4 Subsections 104-5(3) and (4)
24
Omit "and (2)", substitute ", (2) and (2A)".
25
5 Section 118-5
26
Before "The", insert "(1)".
27
6 At the end of section 118-5
28
Add:
29
; or (c) a student to whom subsection (2) applies.
30
(2) This subsection applies to a student who:
31
(a) is a New Zealand citizen; and
32
Amendments Schedule 1
No. , 2015
Higher Education Support Amendment (New Zealand Citizens) Bill
2015
5
(b) holds a special category visa under the Migration Act 1958;
1
and
2
(c) both:
3
(i) first began to be usually resident in Australia at least 10
4
years before the test day in subsection (3) (the test day);
5
and
6
(ii) was a
*
dependent child when he or she first began to be
7
usually resident in Australia; and
8
(d) has been in Australia for a period of, or for periods totalling,
9
8 years during the 10 years immediately before the test day;
10
and
11
(e) has been in Australia for a period of, or for periods totalling,
12
18 months during the 2 years immediately before the test day.
13
(3) For the purposes of subsection (2), the test day is the earlier of:
14
(a) if the student has previously made a successful
*
request for
15
Commonwealth assistance under this Chapter in relation to
16
the
*
course of study the student is enrolled in with the home
17
provider--the day the student first made such a request; or
18
(b) otherwise--the day the student made the request for
19
Commonwealth assistance in relation to the period.
20
7 After subsection 126-5(1)
21
Insert:
22
(1A) A student also meets the citizenship or residency requirements
23
under this section in relation to a
*
student services and amenities
24
fee imposed on the student by a higher education provider if the
25
student:
26
(a) is a New Zealand citizen on the day the fee is payable; and
27
(b) holds a special category visa under the Migration Act 1958
28
on the day the fee is payable; and
29
(c) both:
30
(i) first began to be usually resident in Australia at least 10
31
years before the test day in subsection (1B) (the test
32
day); and
33
(ii) was a
*
dependent child when he or she first began to be
34
usually resident in Australia; and
35
Schedule 1 Amendments
6
Higher Education Support Amendment (New Zealand Citizens) Bill
2015
No. , 2015
(d) has been in Australia for a period of, or for periods totalling,
1
8 years during the 10 years immediately before the test day;
2
and
3
(e) has been in Australia for a period of, or for periods totalling,
4
18 months during the 2 years immediately before the test day.
5
(1B) For the purposes of subsection (1A), the test day is the earlier of:
6
(a) if the student:
7
(i) is enrolled with the provider in a
*
course of study; and
8
(ii) has previously made a successful
*
request for
9
Commonwealth assistance under this Chapter in relation
10
to the course--the day the student first made such a
11
request; or
12
(b) otherwise--the day the student made the request for
13
Commonwealth assistance in relation to the fee.
14
8 Subsection 126-5(2)
15
Omit "subsection (1)", substitute "subsections (1) and (1A)".
16
9 Section 238-12
17
Before "Amounts", insert "(1)".
18
10 At the end of section 238-12
19
Add:
20
(2) Despite subsection (1), an amount that is payable by the
21
Commonwealth as a result of the amendments made by Schedule 1
22
to the Higher Education Support Amendment (New Zealand
23
Citizens) Act 2015 is to be funded out of money appropriated by
24
the Parliament for the purposes of such a payment.
25
11 At the end of subclause 44(1) of Schedule 1A
26
Add:
27
; or (c) a student to whom subclause (3) applies.
28
(3) This subclause applies to a student who:
29
(a) is a New Zealand citizen; and
30
(b) holds a special category visa under the Migration Act 1958;
31
and
32
Amendments Schedule 1
No. , 2015
Higher Education Support Amendment (New Zealand Citizens) Bill
2015
7
(c) both:
1
(i) first began to be usually resident in Australia at least 10
2
years before the test day in subclause (4) (the test day);
3
and
4
(ii) was a
*
dependent child when he or she first began to be
5
usually resident in Australia; and
6
(d) has been in Australia for a period of, or for periods totalling,
7
8 years during the 10 years immediately before the test day;
8
and
9
(e) has been in Australia for a period of, or for periods totalling,
10
18 months during the 2 years immediately before the test day.
11
(4) For the purposes of subclause (3), the test day is the earlier of:
12
(a) if the student has previously made a successful
*
request for
13
Commonwealth assistance under this Part for a
*
VET unit of
14
study that formed part of the same
*
VET course of study--
15
the day the student first made such a request; or
16
(b) otherwise--the day the student made the request for
17
Commonwealth assistance in relation to the unit.
18
12 Subclause 1(1) of Schedule 1
19
Insert:
20
dependent child: see clause 2.
21
13 At the end of Schedule 1
22
Add:
23
2 Definition of dependent child
24
(1) A child of a person is a dependent child if the child:
25
(a) is aged under 18; and
26
(b) does not have a spouse or de facto partner (within the
27
meaning of the Acts Interpretation Act 1901).
28
(2) Without limiting who is a child of a person for the purposes of
29
subclause (1), someone is the child of a person if he or she is a
30
child of the person within the meaning of the Family Law Act
31
1975.
32
Schedule 1 Amendments
8
Higher Education Support Amendment (New Zealand Citizens) Bill
2015
No. , 2015
14 Application
1
The amendments made by this Schedule apply in relation to a unit of
2
study that has a census date on or after the day this Schedule
3
commences.
4