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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Higher
Education Support (Transitional Provisions and Consequential Amendments) Bill
2003
No. ,
2003
(Education, Science and
Training)
A Bill for an Act to deal with
transitional and consequential matters arising from the enactment of the
Higher Education Support Act 2003, and for other
purposes
Contents
Part 1—Transitional arrangement for students under the Higher
Education Contribution
Scheme 5
Part 2—Transitional arrangement for students under the
Post-graduate education loan
scheme 9
Part 3—Debts under the Higher Education Funding Act
1988 12
Part 4—The University of Notre Dame
Australia 15
Part 5—Avondale
College 16
Part 6—Other transitional
provisions 17
Part 1—Appropriations 21
Higher Education Funding Act
1988 21
Part 2—Transitional financial
assistance 22
Higher Education Funding Act
1988 22
Part 3—Discontinuance of provisions of the Higher Education
Funding Act 1988 23
Higher Education Funding Act
1988 23
Part 4—The Australian National
University 25
Australian National University Act
1991 25
Part 5—Australian Maritime
College 35
Maritime College Act
1978 35
Part 6—Marcus Oldham
College 43
Higher Education Funding Act
1988 43
Part 7—Other
amendments 44
A New Tax System (Family Assistance) (Administration) Act
1999 44
Bankruptcy Act
1966 44
Disability Services Act
1986 44
Equal Opportunity for Women in the Workplace Act
1999 45
Fringe Benefits Tax Assessment Act
1986 45
Higher Education Funding Act
1988 45
Income Tax Assessment Act
1936 49
Income Tax Assessment Act
1997 50
Social Security Act
1991 52
Taxation Administration Act
1953 53
Taxation (Interest on Overpayments and Early Payments) Act
1983 54
A Bill for an Act to deal with transitional and
consequential matters arising from the enactment of the Higher Education
Support Act 2003, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Higher Education Support (Transitional
Provisions and Consequential Amendments) Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
Commencement information |
||
---|---|---|
Column 1 |
Column 2 |
Column 3 |
Provision(s) |
Commencement |
Date/Details |
1. Sections 1 to 4 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
2. Section 4 |
The later of: (a) 1 January 2004; and (b) immediately after the commencement of sections 1-10 to 238-15 of
the Higher Education Support Act 2003. |
|
3. Schedule 1 |
The later of: (a) 1 January 2004; and (b) immediately after the commencement of sections 1-10 to 238-15 of
the Higher Education Support Act 2003. |
|
4. Schedule 2, Parts 1 to 3 |
The later of: (a) 1 January 2004; and (b) immediately after the commencement of sections 1-10 to 238-15 of
the Higher Education Support Act 2003. |
|
5. Schedule 2, Part 4 |
The later of: (a) 1 July 2004; and (b) the 28th day after the commencement of sections 1-10 to 238-15 of
the Higher Education Support Act 2003. |
|
6. Schedule 2, Part 5 |
The later of: (a) 1 March 2004; and (b) the 28th day after the commencement of sections 1-10 to 238-15 of
the Higher Education Support Act 2003. |
|
7. Schedule 2, Part 6 |
The later of: (a) 1 January 2004; and (b) immediately after the commencement of sections 1-10 to 238-15 of
the Higher Education Support Act 2003. |
|
8. Schedule 2, items 95 to 103 |
The later of: (a) 1 January 2004; and (b) immediately after the commencement of sections 1-10 to 238-15 of
the Higher Education Support Act 2003. |
|
9. Schedule 2, item 104 |
18 September 2001 |
18 September 2001 |
10. Schedule 2, items 105 to 108 |
4 April 2002 |
4 April 2002 |
11. Schedule 2, item 109 |
18 September 2001 |
18 September 2001 |
10. Schedule 2, item 110 |
4 April 2002 |
4 April 2002 |
11. Schedule 2, item 111 |
18 September 2001 |
18 September 2001 |
12. Schedule 2, items 112 to 168 |
The later of: (a) 1 January 2004; and (b) immediately after the commencement of sections 1-10 to 238-15 of
the Higher Education Support Act 2003. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Expressions used in this Act that are defined in the Higher Education
Support Act 2003 have in this Act, unless the contrary intention appears,
the same meanings as in that Act.
Part 1—Transitional
arrangement for students under the Higher Education Contribution
Scheme
1 Student contribution amounts for students under
the Higher Education Contribution Scheme
(1) If:
(a) a person is enrolled with an institution in a unit of study that forms
part of a course of study that the person started before 1 January 2005;
and
(b) the period over which the person is undertaking the unit ends on or
before 31 December 2008; and
(c) the person is a contributing student within the meaning of
Chapter 4 of the Higher Education Funding Act 1988; and
(d) the course is a designated course of study within the meaning of that
Chapter; and
(e) the Commonwealth had, under section 57 of that Act, discharged a
liability that the person had incurred in relation to the course; and
(f) the person:
(i) is entitled to HECS-HELP assistance for the unit; or
(ii) would be entitled to HECS-HELP assistance for the unit but for
paragraph 90-1(1)(a) or (c), or paragraphs 90-1(1)(a) and (c), of the Higher
Education Support Act 2003; and
(g) the person has neither:
(i) discontinued his or her enrolment in the course since that
commencement (see item 2); nor
(ii) completed the requirements of the course;
then:
(h) if the institution is not (apart from this item) a higher education
provider—the institution is taken, for the purposes of the application of
the Higher Education Support Act 2003 in relation to the person and the
unit, to be a higher education provider; and
(i) if subparagraph (f)(ii) applies—the person is taken, for
the purposes of that Act, to be entitled to HECS-HELP assistance for the unit;
and
(j) the person is taken, for the purposes of that Act, to be a
Commonwealth supported student in relation to the unit; and
(k) the student contribution amount for the unit is taken, for the
purposes of that Act, not to exceed the amount that would be worked out under
section 93-5 of that Act if the maximum student contribution amount per
place for the unit were worked out under item 4.
(2) However, this item does not apply if the person has notified an
appropriate officer of the institution, under subsection 36-5(3) of the
Higher Education Support Act 2003, that he or she does not wish to be a
Commonwealth supported student in relation to the unit.
2 Discontinuance of enrolments
A person is not taken, for the purposes of subparagraph (1)(g)(i) of
item 1, to have discontinued his or her enrolment in a course of study
merely because:
(a) the person has taken leave of absence from, or has deferred, the
course, with the approval of the institution with which the person is
undertaking the course; or
(b) the person transfers his or her enrolment in the course to another
course of study at the same level with the same or another institution or higher
education provider; or
(c) circumstances have occurred that are specified in the guidelines under
item 5 as not amounting to a discontinuance of enrolment.
3 Maximum student contribution amounts per
place
(1) If a person to whom item 1 applies started the course of study in
question before 1 January 1997, the maximum student contribution
amount per place for the unit is $2,830.
(2) If a person to whom item 1 applies started the course of study in
question on or after 1 January 1997, the maximum student contribution
amount per place for the unit is:
(a) if the unit is included in a funding cluster that is referred to in
the following table—the amount specified in the table in relation to that
funding cluster; or
(b) if the unit is included in a funding cluster that has been varied or
added by the Commonwealth Grant Scheme Guidelines—the amount specified in
the guidelines under item 5 in relation to that funding cluster.
Maximum amounts per place |
||
---|---|---|
Item |
Funding clusters |
Maximum student contribution amount per place |
1 |
Law |
$6,283 |
2 |
Accounting, Administration, Economics, Commerce |
$5,367 |
3 |
Humanities |
$3,768 |
4 |
Mathematics, Statistics |
$5,367 |
5 |
Behavioural Science, Social Studies |
$3,768 |
6 |
Computing, Built Environment, Health |
$5,367 |
7 |
Foreign Languages, Visual and Performing Arts |
$3,768 |
8 |
Engineering, Science, Surveying |
$5,367 |
9 |
Dentistry, Medicine, Veterinary Science |
$6,283 |
10 |
Agriculture |
$5,367 |
11 |
Education |
$3,768 |
12 |
Nursing |
$3,768 |
Note: For the funding clusters in which particular units of
study are included, see the Commonwealth Grant Scheme Guidelines made for the
purposes of section 33-35 of the Higher Education Support Act
2003.
(3) A maximum student contribution amount per place under this item is
indexed under Part 5-6 of the Higher Education Support Act 2003 as
if:
(a) it was an amount referred to in the table in section 198-5 of
that Act; and
(b) the first year of indexation in relation to the amount was the year
2005.
4 Guidelines
(1) The Minister may, in writing, make guidelines providing for
matters:
(a) required or permitted by this Schedule to be provided; or
(b) necessary or convenient to be provided in order to carry out or give
effect to this Schedule.
(2) Without limiting subitem (1), the guidelines may provide
for:
(a) when a person is taken to have commenced a course of study;
and
(b) when a person is taken to have completed the requirements of a course
of study.
Any such guidelines have effect, for the purposes of this Schedule,
accordingly.
(3) The guidelines are disallowable instruments for the purposes of
section 46A of the Acts Interpretation Act 1901.
5 Meaning of institution
In this Schedule:
institution has the same meaning as in the Higher
Education Funding Act 1988.
Part 2—Transitional
arrangement for students under the Post-graduate education loan
scheme
6 FEE-HELP assistance for existing students under
the Post-graduate education loan scheme
If:
(a) a person is enrolled with an institution in a unit of study that forms
part of a course of study that the person started before 1 January 2005;
and
(b) the period over which the person is undertaking the unit ends on or
before 31 December 2008; and
(c) the person is an eligible student, within the meaning of
section 98B of the Higher Education Funding Act 1988, for the
semester; and
(d) the course is an eligible post-graduate course of study within the
meaning of section 98A of that Act; and
(e) the Commonwealth had, under section 98G of that Act, discharged a
liability that the person had incurred in relation to the course; and
(f) the person:
(i) is entitled to FEE-HELP assistance for the unit; or
(ii) would be entitled to FEE-HELP assistance for the unit but for
paragraph 104-1(1)(a) of the Higher Education Support Act 2003;
and
(g) the person has neither:
(i) discontinued his or her enrolment in the course since that
commencement (see item 7); nor
(ii) completed the requirements of the course;
then:
(h) if the institution is not (apart from this item) a higher education
provider—the institution is taken, for the purposes of the application of
the Higher Education Support Act 2003 in relation to the person and the
unit, to be a higher education provider; and
(i) if subparagraph (f)(ii) applies—the person is taken, for
the purposes of that Act, to be entitled to FEE-HELP assistance for the unit;
and
(j) the person is taken, for the purposes of that Act, to incur a
HECS-HELP debt, and not a FEE-HELP debt, if the Commonwealth makes a loan to the
person under section 104-1 of that Act in relation to the unit.
Note: The effects of the person incurring a HECS-HELP debt
rather than a FEE-HELP debt are that the indexation of the debt is limited to
changes in the Consumer Price Index (see section 140-5 of the Higher
Education Support Act 2003), and that voluntary repayments may attract a 10%
bonus (see section 151-5 of that Act).
7 Discontinuance of enrolments
A person is not taken, for the purposes of subparagraph (g)(i) of
item 6, to have discontinued his or her enrolment in a course of study
merely because:
(a) the person has taken leave of absence from, or has deferred, the
course, with the approval of the institution with which the person is
undertaking the course; or
(b) the person transfers his or her enrolment in the course to another
course of study at the same level with the same or another institution or higher
education provider; or
(c) circumstances have occurred that are specified in the guidelines under
item 8 as not amounting to a discontinuance of enrolment.
8 Guidelines
(1) The Minister may, in writing, make guidelines providing for
matters:
(a) required or permitted by this Schedule to be provided; or
(b) necessary or convenient to be provided in order to carry out or give
effect to this Schedule.
(2) Without limiting subitem (1), the guidelines may provide
for:
(a) when a person is taken to have commenced a course of study;
and
(b) when a person is taken to have completed the requirements of a course
of study.
Any such guidelines have effect, for the purposes of this Schedule,
accordingly.
(3) The guidelines are disallowable instruments for the purposes of
section 46A of the Acts Interpretation Act 1901.
9 Meaning of institution
In this Schedule:
institution has the same meaning as in the Higher
Education Funding Act 1988.
Part 3—Debts
under the Higher Education Funding Act 1988
10 Conversion of accumulated HEC debts into
accumulated HECS-HELP debts
(1) In working out, under section 140-25 of the Higher Education
Support Act 2003, a person’s accumulated HECS-HELP debt for the
financial year starting on 1 July 2005, if a person incurs an accumulated
HEC debt on 1 June 2005, add the debt to the amount under step 1 of the
method statement in section 140-5 of that Act.
(2) The accumulated HECS-HELP debt that a person incurs on 1 June 2006
discharges, or discharges the unpaid part of, any accumulated HEC debt that the
person incurred on 1 June 2005.
11 Taking account of voluntary payments made under
the Higher Education Funding Act 1988 on or after 1 June
2005
If:
(a) on or after 1 June 2005, a person makes a payment to the
Commissioner under Division 1 of Part 5A.3 of the Higher Education
Funding Act 1988; and
(b) the payment would, but for subsection 106N(2A) of that Act, be used in
working out the person’s accumulated HEC debt incurred on 1 June in a
particular financial year;
in working out, under section 140-25 of the Higher Education
Support Act 2003, a person’s accumulated HECS-HELP debt for the
financial year, add the amount to the amount of the sum referred to in step 3 of
the method statement in section 140-5 of that Act.
12 Taking account of HEC assessment debts assessed
on or after 1 June 2005
If:
(a) on or after 1 June 2005, the Commissioner makes an assessment
under section 106T of the Higher Education Funding Act 1988;
and
(b) an amount is included in the notice of the assessment that is required
to be paid in respect of an accumulated HEC debt under section 106Q of that
Act; and
(c) the amount would, but for subsection 106N(2A) of that Act, be used in
working out the person’s accumulated HEC debt incurred on 1 June in a
particular financial year;
in working out, under section 140-25 of the Higher Education
Support Act 2003, a person’s accumulated HECS-HELP debt for the
financial year, add the amount to the amount of the sum referred to in step 4 of
the method statement in section 140-5 of that Act.
13 Taking account of amendments of assessments of
HEC assessment debts on or after 1 June 2005
(1) If:
(a) on or after 1 June 2005, the Commissioner amends an assessment
made under section 106T of the Higher Education Funding Act 1988 of
the amount of a person’s HEC assessment debt; and
(b) the HEC assessment debt is increased by the amendment (whether as a
result of an increase in the person’s taxable income of an income year or
otherwise);
in working out, under section 140-25 of the Higher Education
Support Act 2003, a person’s accumulated HECS-HELP debt for the
appropriate financial year, add the amount of the increase to the amount of the
sum referred to in step 5 of the method statement in section 140-5 of that
Act.
(2) If:
(a) on or after 1 June 2005, the Commissioner amends an assessment
made under section 106T of the Higher Education Funding Act 1988 of
the amount of a person’s HEC assessment debt; and
(b) the HEC assessment debt is reduced by the amendment (whether as a
result of a reduction in the person’s taxable income of an income year or
otherwise);
in working out, under section 140-25 of the Higher Education
Support Act 2003, a person’s accumulated HECS-HELP debt for the
appropriate financial year, add the amount of the reduction to the amount of the
sum referred to in step 6 of the method statement in section 140-5 of that
Act.
(3) For the purposes of this item, the appropriate financial
year is:
(a) if the amendment is made before 1 June in a financial
year—that financial year; or
(b) if the amendment is made on or after 1 June in a financial
year—the immediately succeeding financial year.
14 Definitions
In this Part:
accumulated HEC debt has the meaning given by
section 106N of the Higher Education Funding Act 1988.
HEC assessment debt has the meaning given by section 34
of the Higher Education Funding Act 1988.
Part 4—The
University of Notre Dame Australia
15 Allocation of Commonwealth Grant Scheme funding
to The University of Notre Dame Australia
Until the end of the year 2008, Parts 2-2 and 2-5 of the Higher
Education Support Act 2003 apply in relation to The University of Notre Dame
Australia as if:
(a) subparagraph 30-1(1)(a)(i) and subsections 36-30(1) and 36-35(1) of
that Act included a reference to The University of Notre Dame Australia;
and
(b) subsections 30-1(2), 30-10(4), 36-10(5) and 36-30(3) of that Act did
not apply.
16 Funding agreements with The University of Notre
Dame Australia
Without limiting section 30-25 of the Higher Education Support Act
2003, a funding agreement with The University of Notre Dame Australia in
respect of the year 2008 or an earlier year may specify conditions relating to
the enrolment of persons in places that are not allocated in respect of national
priorities.
17 Allocation of Commonwealth Grant Scheme funding
to Avondale College
Until the end of the year 2008, Parts 2-2, 2-5 and 3-2 of the
Higher Education Support Act 2003 apply in relation to Avondale College
as if Avondale College were a higher education provider, but not a Table A
provider.
Part 6—Other
transitional provisions
18 Rollover of 2003 grants made under
section 23 of the Higher Education Funding Act
1988
If:
(a) a body receives a grant of financial assistance under section 23
of the old Act during the year 2003; and
(b) the body fails to spend all of that grant in accordance with the old
Act in respect of the year 2003; and
(c) the Secretary determines in writing that this paragraph applies to the
body;
then so much of the unspent grant amount as the Secretary specifies in
relation to the grant will be taken to have been granted to the body under the
new Act in respect of the year 2004:
(d) under the section of the new Act that the Secretary specifies in the
determination; and
(e) on such conditions as the Secretary specifies in the
determination.
19 Rollover of 2004 grants made under the Higher
Education Funding Act 1988
If:
(a) a body receives a grant of financial assistance under Chapter 2
of the old Act during the year 2004; and
(b) the body fails to spend all of that grant in accordance with the old
Act in respect of the year 2004; and
(c) the Secretary determines in writing that this paragraph applies to the
body;
then so much of the unspent grant amount as the Secretary specifies in
relation to the grant will be taken to have been granted to the body under
the new Act in respect of the year 2005:
(d) under the section of the new Act that the Secretary specifies in the
determination; and
(e) on such conditions as the Secretary specifies in the
determination.
20 Merit based equity
scholarships
(1) A student who:
(a) before the commencement of the new Act, was awarded a merit-based
equity scholarship referred to in subsection 35(7) of the old Act for a course
of study at an institution (within the meaning of the old Act); and
(b) continues to undertake that course at the institution after that
commencement;
is taken, for the purposes of the new Act, to be an exempt student for all
of the units of study that he or she undertakes as part of that course at that
institution.
(2) However, this item does not apply if the institution is not a higher
education provider.
21 Marginally funded places
(1) A higher education provider’s funding agreement under
section 30-25 of the new Act for the year 2005, 2006 or 2007 (the
grant year) may specify an allowable number of marginally funded
places in respect of that year.
(2) If such a funding agreement specifies such a number, then, for the
purposes of:
(a) deciding whether the provider has an adjustment under subsection
33-25(1) of the new Act for the year following the grant year; and
(b) working out the amount of any such adjustment for the year following
the grant year;
the number of Commonwealth supported places that are provided in the grant
year is taken to be reduced by the number so specified in that funding
agreement.
22 Assessment statements
(1) A written statement that an assessing body for a listed professional
occupation gave to a person, at a time before the commencement of the new Act,
is taken to be an assessment statement for the purposes of the new
Act if:
(a) the person held a qualification awarded in a foreign country;
and
(b) the qualification related to that occupation; and
(c) the person proposed to seek entry to that occupation:
(i) in Australia; or
(ii) if the assessing body was an assessing body of a State or
Territory—in that State or Territory; and
(d) the body gave the person a written statement to the effect that, in
the body’s opinion, if the person were to do any or all of the
following:
(i) successfully undertake additional studies of a kind specified in the
statement;
(ii) be successful in one or more examinations specified in the
statement;
(iii) successfully undertake a tuition and training program of a kind
specified in the statement;
the person would meet the requirements for entry to that
occupation.
Note: A statement could specify one of the things mentioned
in subparagraph (d)(i), (ii) or (iii) or any combination of the things
mentioned in those subparagraphs.
(2) In this item:
assessing body includes a person or body that, immediately
before the commencement of the new Act, was an assessing body for the purposes
of Chapter 4B of the old Act.
listed professional occupation includes an occupation that,
immediately before that commencement, was a listed professional occupation for
the purposes of that Chapter.
occupation includes a part of an occupation that, immediately
before that commencement, was an occupation for the purposes of that
Chapter.
23 Saving of regulations made for Chapter 5C of
the Higher Education Funding Act 1988
(1) Regulations made for the purposes of paragraphs 106ZQ(2)(a) and (c) and
subsection 106ZQ(3) of the old Act that were in force immediately before the
repeal of Chapter 5C of the old Act are, on the commencement day, taken to
have been made for the purposes of paragraphs 225-25(1)(a) and (c) and
subsection 225-25(2) respectively of the new Act.
(2) On the commencement day, a reference in the regulations made for the
purposes of paragraph 106ZQ(2)(a) of the old Act to an application under
subsection 106ZQ(1) of the old Act is to be read as a reference to an
application under section 225-1 of the new Act.
(3) In this item:
commencement day is the day that Chapter 6 of the new
Act commences.
24 Definitions
In this Schedule:
new Act means the Higher Education Support Bill
2003.
old Act means the Higher Education Funding Act
1988.
Higher Education Funding
Act 1988
1 Paragraph 17(p)
Omit “$2,872,293,000”, substitute
“$2,990,161,000”.
2 Paragraph 20(3)(p)
Omit “$121,259,000”, substitute
“$124,340,000”.
3 Paragraph 22A(5)(l)
Omit “$241,000”, substitute “$247,000”.
4 Paragraph 23C(2)(l)
Omit “$1,137,649,000”, substitute
“$1,070,788,000”.
5 Paragraph 24(3)(p)
Omit “$5,402,000”, substitute
“$5,539,000”.
6 Paragraph 27A(6)(k)
Omit “$42,101,000”, substitute
“$43,170,000”.
7 Paragraph 27D(2)(g)
Omit “$5,400,000”, substitute
“$5,537,000”.
Part 2—Transitional
financial assistance
Higher Education Funding
Act 1988
8 After section 110
Insert:
(1) There is payable, to an institution to which financial assistance was
payable under Chapter 2 in respect of the year 2004, such amount as the
Minister determines in respect of a year referred to in
subsection (2).
(2) The total of the amounts that are payable under this section must not
exceed:
(a) for the year 2005—$21,536,000; and
(b) for the year 2006—$9,411,000; and
(c) for the year 2007—$7,393,000.
Part 3—Discontinuance
of provisions of the Higher Education Funding Act 1988
Higher Education Funding
Act 1988
9 Section 2B
Repeal the section.
10 Section 3 (paragraphs (a) to (ab) of
the definition of year to which this Chapter
applies)
After “or any subsequent year” (wherever occurring), insert
“up to and including the year 2004”.
11 Section 3 (paragraph (b) of the
definition of year to which this Chapter applies)
Omit “, being a year mentioned in section 17”, substitute
“up to and including the year 2004”.
12 Section 98L
After “each year”, insert “up to and including the year
2004”.
13 After section 98N
Insert:
No financial assistance is payable under this Chapter to an institution
referred to in section 4 after 31 December 2004.
14 Before section 98ZA
Insert:
This Division does not apply in relation to a BOTP course for a study
period that ends after 31 December 2004.
15 Section 98ZE
After “each year”, insert “up to and including the year
2004”.
16 Section 106FA
After “each year”, insert “up to and including the year
2004”.
17 After section 106K
Insert:
Despite sections 106J to 106K, a person does not incur a semester
debt if the census date, in respect of the course of study or study period in
respect of which the debt would (apart from this section ) arise, occurs on or
after 1 January 2005.
18 After subsection 106N(2)
Insert:
(2A) A person cannot incur an accumulated HEC debt on 1 June 2006 or
on 1 June in any later year.
Note: A person’s accumulated HECS-HELP debt, worked
out under section 140-25 of the Higher Education Support Act 2003,
for the financial year starting on 1 July 2005 can include an amount for
the person’s accumulated HEC debt incurred on 1 June 2005: see
Part 3 of Schedule 1 to the Higher Education Support (Transitional
Provisions and Consequential Amendments) Act 2003.
19 Chapter 5C
Repeal the Chapter.
Part 4—The
Australian National University
Australian National
University Act 1991
20 Section 3 (definition of Chair of the
Education Committee)
Repeal the definition.
21 Section 3 (definition of Chair of the
Research Committee)
Repeal the definition.
22 Section 3 (definition of
dean)
Repeal the definition, substitute:
dean means the head, by whatever name called, of any
faculty.
23 Section 3 (paragraph (c) of the
definition of ex officio member)
Omit “Vice-Chancellor; or”, substitute
“Vice-Chancellor.”.
24 Section 3 (paragraphs (d) to (g) of the
definition of ex officio member)
Repeal the paragraphs.
25 Section 3 (definition of Institute of the
Arts)
Repeal the definition.
26 Section 3
Insert:
Nominations Committee of Council means the persons referred
to in subsection 10(2).
27 Section 3 (definition of president of the
postgraduate students’ association)
Repeal the definition.
28 Section 3 (definition of president of the
undergraduate students’ association)
Repeal the definition.
29 Section 3 (definition of statutory
Board)
Repeal the definition.
30 Section 3 (paragraph (b) of the
definition of University body)
Omit “Convocation; or”, substitute
“Convocation.”.
31 Section 3 (paragraph (c) of the
definition of University body)
Repeal the paragraph.
32 Paragraph 7(1)(b)
Repeal the paragraph, substitute:
(b) a group of faculties and other bodies determined by the Council, to be
known as the “The Faculties”.
33 Subsection 7(2)
Omit “a school or other organisational structure”, substitute
“an organisational structure”.
34 Paragraphs 10(1)(d) to (j)
Repeal the paragraphs.
35 Paragraphs 10(1)(o), (p) and
(q)
Repeal the paragraphs, substitute:
(o) one postgraduate student of the University elected by the postgraduate
students of the University;
(p) one undergraduate student of the University elected by the
undergraduate students of the University;
(q) 6 members appointed by the Minister on the recommendation of the
Nominations Committee of Council.
36 Subsections 10(2) to (4)
Repeal the subsections, substitute:
(2) The Nominations Committee of Council consists of:
(a) the Chancellor; and
(b) 6 other persons appointed by the Chancellor in accordance with
guidelines determined by the Council.
(3) In making recommendations to the Minister under paragraph (1)(q),
the Nominations Committee of Council must have regard to the desirability of
ensuring that there is a balance of skills, expertise and gender among members
of the Council.
(4) At least 2 of the members appointed under paragraph 10(1)(q) must have
a high level of relevant financial expertise.
(5) At least one member appointed under paragraph 10(1)(q) must have a
high level of relevant commercial expertise.
(6) The Nominations Committee of Council must not recommend under
paragraph 10(1)(q) a person who is:
(a) a current member of:
(i) the Commonwealth Parliament; or
(ii) a State Parliament; or
(iii) the legislature of a Territory; or
(b) a current member of the academic or general staff of the University;
or
(c) a student of the university; or
(d) a member of the Nominations Committee of Council.
(7) The Minister must, within 28 days after receiving written advice from
the Nominations Committee of Council recommending that a person be appointed to
the Council:
(a) appoint the person specified to the Council for a period not exceeding
4 years; or
(b) decide not to appoint the person specified if, in the Minister’s
opinion, the appointment is not in the best interests of the
University.
(8) If the Minister decides under paragraph (7)(b) not to appoint a
person, the Minister must:
(a) notify the Council, in writing, of the refusal; and
(b) give reasons for the refusal.
(9) In deciding under paragraph (7)(b) not to appoint a person, the
Minister must only consider the balance of skills, expertise and gender, and the
periods of appointment (or proposed periods of appointment) of proposed and
continuing members of the Council.
(10) Subject to this Act, the members of the Council referred to in
paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods
as the Statutes provide.
37 Operation of Nominations Committee prior to
commencement
If, because of section 4 of the Acts Interpretations Act 1901,
persons are appointed to the Nominations Committee of the Council prior to the
commencement of this item:
(a) the Nominations Committee may make recommendations to the Minister for
appointment of persons to the Council as if this item had commenced;
and
(b) despite subsection 4(2) of that Act, the appointment of persons to the
Nominations Committee of the Council is taken to have taken effect before the
making of any such recommendation.
38 Paragraphs 15(1)(e) and (f)
Repeal the paragraphs.
39 Paragraph 15(1)(g)
Omit “paragraph 10(1)(j), (k), (l), (m) or (n)”, substitute
“paragraph 10(1)(k), (l), (m), (n), (o) or (p)”.
40 Paragraph 15(1)(h)
Repeal the paragraph.
41 After paragraph 15(1)(i)
Insert:
or (j) is or becomes disqualified from managing corporations under
Part 2D.6 of the Corporations Act 2001; or
(k) has, in the Council’s opinion, breached his or her duties under
section 18A, 18B, 18C, 18D, 18E or 18F as a member of the Council;
or
(l) is, in the Council’s opinion, incapable (other than on a
temporary basis) of performing his or her duties;
42 Subsection 15(2)
Omit “paragraph (a), (b), (c), (d), (e), (o) or (p)”,
substitute “paragraph (a), (b) or (c)”.
43 Paragraph 15(2)(c)
Omit “or”.
44 Paragraphs 15(2)(d) to (g)
Repeal the paragraphs.
45 Subsection 15(3)
Repeal the subsection.
46 At the end of
section 16
Add:
(3) Subsection (2) does not apply, and does not prevent paragraph
10(7)(a) applying, to the filling of a vacancy in the membership of the Council
if the vacancy is one to which paragraph 10(1)(q) relates.
47 Subsection 17(1)
Omit “The Council”, substitute “Subject to this section,
the Council”.
48 At the end of
section 17
Add:
(3) The Council must not delegate its power to:
(a) appoint the Chancellor, Pro-Chancellor or Vice-Chancellor;
or
(b) approve the University’s annual budget or its business plan;
or
(c) approve the annual report of the University; or
(d) monitor its commercial activities, and its subsidiaries and any other
entities that it controls, to the extent required to ensure they do not have any
significant adverse impact on, or pose an unreasonable risk to, the
University’s finances and operations; or
(e) review and monitor the management of the University as a whole or the
University’s performance as a university (as defined by the Higher
Education Support Act 2003).
49 Subsection 18(1)
Omit “The Council”, substitute “Subject to this section,
the Council”.
50 At the end of
section 18
Add:
(4) The Council must not delegate its power to:
(a) appoint the Chancellor, Pro-Chancellor or Vice-Chancellor;
or
(b) approve the University’s annual budget or its business plan;
or
(c) approve the annual report of the University; or
(d) monitor its commercial activities, and its subsidiaries and any other
entities that it controls, to the extent required to ensure they do not have any
significant adverse impact on, or pose any reasonable risk to, the
University’s finances and operations; or
(e) review and monitor the management of the University as a whole or the
University’s performance as a university (as defined by the Higher
Education Support Act 2003).
51 After section 18
Insert:
A member of the Council must act solely in the interests of the
University taken as a whole, having regard to its functions.
(1) A member of the Council must exercise his or her powers and discharge
his or her duties with the degree of care and diligence that a reasonable person
would exercise if he or she:
(a) were a member of the Council in the Council’s circumstances;
and
(b) occupied the office held by, and had the same responsibilities within
the Council as, the member.
(2) A member of the Council who makes a business judgment is taken to meet
the requirements of subsection (1), and their equivalent duties at common
law and in equity, in respect of the judgment if he or she:
(a) makes the judgment in good faith for a proper purpose; and
(b) does not have a material personal interest in the subject matter of
the judgment; and
(c) informs himself or herself about the subject matter of the judgment to
the extent he or she reasonably believes to be appropriate; and
(d) rationally believes that the judgment is in the best interests of the
University.
The member’s belief that the judgment is in the best interests of the
University is a rational one unless the belief is one that no reasonable person
in his or her position would hold.
Note: This subsection only operates in relation to duties
under this section and their equivalents at common law or in equity (including
the duty of care that arises under the common law principles governing liability
for negligence)—it does not operate in relation to duties under any other
provision of this Act or under any other laws.
A member of the Council must exercise his or her powers and discharge his
or her duties:
(a) in good faith in the best interests of the University; and
(b) for a proper purpose.
A member of the Council must not improperly use his or her position
to:
(a) gain an advantage for him or her or someone else; or
(b) cause detriment to the University or to another person.
A member of the Council who obtains information because of his or her
position must not improperly use the information to:
(a) gain an advantage for himself or herself or someone else; or
(b) cause detriment to the University or to another person.
(1) A member of the Council who has a material personal interest in a
matter that relates to the affairs of the University must give the other members
of the Council notice of the interest.
(2) Subsection (1) does not apply if the member of the Council is
not, because of subsection 27F(2) of the Commonwealth Authorities and
Companies Act 1997, required to give such a notice under subsection 27F(1)
of that Act.
(3) A member of the Council who has an interest in a matter may give the
other members of the Council standing notice of the nature and extent of the
interest in the matter in accordance with section 26G of the
Commonwealth Authorities and Companies Act 1997.
(4) A member of the Council who has a material personal interest in a
matter that is being considered at a meeting of the Council must not:
(a) be present while the matter is being considered at the meeting;
or
(b) vote on the matter;
except as allowed under section 27J of the Commonwealth Authorities
and Companies Act 1997.
Nothing in sections 18A to 18F affects the application of the
Commonwealth Authorities and Companies Act 1997 to members of the
Council.
52 Sections 20 to 29
Repeal the sections.
53 Paragraph 39(2)(d)
Omit “, a statutory Board or a committee of the Council or such a
Board”, substitute “or a committee of the Council”.
54 Subsection 41(1)
Repeal the subsection.
55 Subsection 41(2)
After “University”, insert “, including student
contribution amounts and tuition fees within the meaning of the Higher
Education Support Act 2003,”.
56 Section 43
Repeal the section, substitute:
The Council must apply the following solely for the purposes of the
University:
(a) all financial assistance paid to the University under the Higher
Education Support Act 2003;
(b) student contribution amounts within the meaning of the Higher
Education Support Act 2003;
(c) tuition fees within the meaning of the Higher Education Support Act
2003;
(d) other money received by the University under this Act or
otherwise.
57 Subparagraph 50(2)(f)(iii)
Omit “or of a statutory Board”.
58 Subparagraph 50(2)(g)(iv)
Repeal the subparagraph.
59 Paragraph 50(2)(u)
Repeal the paragraph, substitute:
(u) the payment to the University of fees, including student contribution
amounts and tuition fees within the meaning of the Higher Education Support
Act 2003;
60 Paragraph 51(1)(b)
Omit “not exceeding $200”.
61 Subsections 52(1) and (2)
Repeal the subsections, substitute:
(1) When a Statute has been made by the Council:
(a) it must be sealed with the seal of the University; and
(b) the Council must cause the Statute to be notified in the
Gazette; and
(c) the Statute has the force of law from the day on which it is so
notified.
Note: The heading to section 52 is altered by omitting
“approved by Governor-General and”.
62 Subsection 52(4)
Repeal the subsection.
63 Division 4 of
Part 5
Repeal the Division.
Part 5—Australian
Maritime College
64 Section 4 (definition of ex officio
member)
Omit “, the Chairperson”.
65 Section 4 (definition of non-teaching
staff member)
Repeal the definition.
66 Section 4 (definition of student
member)
Repeal the definition.
67 Section 4 (definition of teaching staff
member)
Repeal the definition.
68 Section 4 (definition of term of
office)
Repeal the definition.
69 Paragraph 7(a)
Repeal the paragraph, substitute:
(a) to conduct an institution for the provision of such maritime and
maritime-related education and training (including logistics education and
training) as the Council, with the Minister’s approval, determines, or as
the Minister requires; and
70 At the end of paragraphs 7(b) and
(c)
Add “and”.
71 Paragraph 7(d)
Repeal the paragraph.
72 Section 11
Repeal the section, substitute:
(1) The Council is to consist of the following members:
(a) the Principal;
(b) the Chairperson of the Academic Board of the College;
(c) up to 6 other members.
(2) The Minister may appoint in writing the members referred to in
paragraph (1)(c).
(3) In making an appointment under subsection (2), the Minister must
have regard to the advice of the Council.
(4) In appointing members to the Council under paragraph (1)(c), the
Minister must try to ensure that there is a balance of skills and expertise
among members of the Council, in particular financial and commercial
skills.
(5) The Minister must not appoint to the Council:
(a) a current member of:
(i) the Commonwealth Parliament; or
(ii) a State Parliament; or
(iii) the legislature of a Territory; or
(b) a member of the academic or general staff of the College; or
(c) a student of the College.
(6) If a person other than the Principal is for the time being performing
the duties of the office of Principal, that person may attend meetings of the
Council and, for the purposes of those meetings, is taken to be a
member.
73 Subsection 13(3)
Omit “paragraph 11(1)(b) or (e)”, substitute “paragraph
11(1)(c)”.
74 Subsection 13(4)
After “Academic Board” (second occurring), insert “,
unless the person is removed from the Council under
section 17”.
75 Subsections 13(5) to (8)
Repeal the subsections.
76 Paragraph 15(1)(a)
Omit “person (whether a member or not)”, substitute
“member”.
77 Subsection 15(3)
Repeal the subsection.
78 Section 17
Repeal the section, substitute:
(1) The Minister may remove a person from the Council on the ground of
misbehaviour, physical or mental incapacity or a breach of his or her duties
under the Commonwealth Authorities and Companies Act 1997.
(2) The Minister must remove a member from the Council if:
(a) the member becomes disqualified from managing corporations under
Part 2D.6 of the Corporations Act 2001; or
(b) the member has, in the Council’s opinion, breached his or her
duties under section 22A, 22B, 22C, 22D, 22E or 22F as a member;
or
(c) the member is, in the Minister’s opinion, incapable of
performing his or her duties.
(3) In forming an opinion for the purposes of paragraph (2)(c), the
Minister must have regard to the advice of the Council.
79 Subsections 19(2) to (3)
Repeal the subsections.
80 Section 20
Repeal the section.
81 After section 22
Insert:
A member must act solely in the interests of the College taken as a
whole, having regard to its functions.
(1) A member must exercise his or her powers and discharge his or her
duties with the degree of care and diligence that a reasonable person would
exercise if he or she:
(a) were a member of the Council in the Council’s circumstances;
and
(b) occupied the office held by, and had the same responsibilities within
the Council as, the member.
(2) A member who makes a business judgment is taken to meet the
requirements of subsection (1), and their equivalent duties at common law
and in equity, in respect of the judgment if he or she:
(a) makes the judgment in good faith for a proper purpose; and
(b) does not have a material personal interest in the subject matter of
the judgment; and
(c) informs himself or herself about the subject matter of the judgment to
the extent he or she reasonably believes to be appropriate; and
(d) rationally believes that the judgment is in the best interests of the
College.
The member’s belief that the judgment is in the best interests of the
College is a rational one unless the belief is one that no reasonable person in
his or her position would hold.
Note: This subsection only operates in relation to duties
under this section and their equivalents at common law or in equity (including
the duty of care that arises under the common law principles governing liability
for negligence)—it does not operate in relation to duties under any other
provision of this Act or under any other laws.
A member must exercise his or her powers and discharge his or her
duties:
(a) in good faith in the best interests of the College; and
(b) for a proper purpose.
A member must not improperly use his or her position to:
(a) gain an advantage for him or her or someone else; or
(b) cause detriment to the College or to another person.
A member who obtains information because of his or her position must not
improperly use the information to:
(a) gain an advantage for himself or herself or someone else; or
(b) cause detriment to the College or to another person.
(1) A member who has a material personal interest in a matter that relates
to the affairs of the College must give the other members notice of the
interest.
(2) Subsection (1) does not apply if the member is not, because of
subsection 27F(2) of the Commonwealth Authorities and Companies Act 1997,
required to give such a notice under subsection 27F(1) of that Act.
(3) A member who has an interest in a matter may give the other members
standing notice of the nature and extent of the interest in the matter in
accordance with section 26G of the Commonwealth Authorities and
Companies Act 1997.
(4) A member who has a material personal interest in a matter that is
being considered at a meeting of the Council must not:
(a) be present while the matter is being considered at the meeting;
or
(b) vote on the matter;
except as allowed under section 27J of the Commonwealth Authorities
and Companies Act 1997.
Nothing in sections 22A to 22F affects the application of the
Commonwealth Authorities and Companies Act 1997 to members.
82 Paragraphs 24(1)(d) to (e)
Repeal the paragraphs.
83 After paragraph 24(1)(j)
Insert:
(ja) the payment to the College of fees, including student contribution
amounts and tuition fees within the meaning of the Higher Education Support
Act 2003; and
84 Subsection 26(2)
Omit all the words from and including “first Principal” to and
including “succeeding Principals”, substitute
“Principal”.
85 After subsection 26(2)
Insert:
(2A) In making an appointment under subsection (2), the Minister must
have regard to the advice of the Council.
86 Subsection 26(4)
After “office”, insert “, unless he or she is removed
from the Council under section 17,”.
87 Subsection 26(6)
Repeal the subsection, substitute:
(6) Subject to this section, the Principal holds office on such terms and
conditions as are determined by the Minister.
88 Section 32
Repeal the section, substitute:
Fees that are payable to the College, including student contribution
amounts and tuition fees within the meaning of the Higher Education Support
Act 2003, are payable in accordance with the Statutes.
(1) The members must prepare a corporate plan at least once a year and
give it to the Minister.
(2) If the Minister asks the members to give the plan to the Minister by a
specified day, the members must give the plan to the Minister by that
day.
(3) The plan must cover a period of at least 3 years.
(4) The members must keep the Minister informed about:
(a) significant changes to the plan; and
(b) matters that arise that might significantly affect the achievement of
the objectives of the plan.
(5) The plan must include details of the following matters:
(a) assumptions about the College’s operational
environment;
(b) the College’s strategic directions;
(c) performance indicators for the College;
(d) a review of the College’s performance against previous corporate
plans;
(e) analysis of risk factors affecting the College’s
performance;
(f) human resource strategies and industrial relations
strategies.
(6) The plan must also cover any other matters the Minister requires,
which may include further details about the matters in
subsection (5).
(7) In preparing the plan, the members must take account of any notices
the Minister gives to the Council under subsection (8).
(8) The Minister may give a written notice to the Council concerning the
Minister’s views about:
(a) the appropriate strategic directions of the College; and
(b) the manner in which the College should perform its non-academic
functions.
(1) The Minister must respond to a corporate plan within 60 days of being
given the plan.
(2) The Minister’s response may include a direction to the members
to vary the plan.
(3) A direction under subsection (2) must be in writing and must set
out the Minister’s reasons for the direction.
(4) If directing a variation of the corporate plan, the Minister must
consider:
(a) the objectives and policies of the Commonwealth; and
(b) the objects of this Act; and
(c) any other matters the Minister thinks appropriate.
(5) If the Minister’s response includes a direction to vary the
corporate plan, the members must prepare a revised plan and give it to the
Minister within 28 days after being given the response.
When including details of the performance indicators for the College in
the corporate plan, the members must consider:
(a) the College’s financial viability and its financial viability in
the future; and
(b) the capacity of the College to:
(i) provide to students places in courses of study; and
(ii) to conduct research;
at a level appropriate to a reputable higher education provider;
and
(c) the College’s capacity to comply with the Higher Education
Support Act 2003; and
(d) any other consideration that the members think appropriate affecting
the performance of the College.
89 Transitional provision
A person who, immediately before the commencement of this Part, had been
appointed under section 26 of the Maritime College Act 1978 as
Principal continues to hold office as Principal on and after the commencement of
this Part for the balance of the term of his or her appointment.
Higher Education Funding
Act 1988
90 Subsection 4(1) (Table B)
Omit “Marcus Oldham College”.
91 Paragraph 18(2)(a)
Repeal the paragraph.
92 After section 20A
Insert:
(1) There is payable to Marcus Oldham College, in respect of the year
2004, such amount as the Minister determines.
(2) The amount payable under this section must not exceed
$2,095,000.
93 Paragraph 34(4)(a)
Omit “other than Marcus Oldham College”.
94 Subsection 98A(1) (paragraph (b) of
the definition of appropriate officer)
Omit “Marcus Oldham College or”.
A New Tax System (Family
Assistance) (Administration) Act 1999
95 Subsection 3(1) (after subparagraph (c)(i)
of the definition of income tax refund)
Insert:
(ia) section 154-60 of the Higher Education Support Act 2003;
or
96 Subsection 82(1) (note)
Repeal the note.
97 After subsection 82(3AA)
Insert:
(3AB) A debt incurred under Part 4-1 of the Higher Education
Support Act 2003 is not provable in bankruptcy.
98 Subsection 22(1)
Omit “subsection (1A)”, substitute
“subsections (1A) and (1B)”.
99 After subsection 22(1A)
Insert:
(1B) If:
(a) a rehabilitation program provided for a pensioner or beneficiary
includes a course of study with a higher education provider; and
(b) the person owes one or more HELP debts to the Commonwealth in respect
of undertaking the course of study;
the pensioner’s or beneficiary’s HELP debts in respect of the
course must not be borne by the Commonwealth unless the Higher Education
Support Act 2003, or another Act, provides otherwise.
100 Subsection 22(4)
Insert:
HELP debt has the same meaning as in the Higher Education
Support Act 2003.
101 Subsection 22(4)
Insert:
higher education provider has the same meaning as in the
Higher Education Support Act 2003.
Equal Opportunity for Women
in the Workplace Act 1999
102 Subsection 3(1) (definition of higher
education institution)
Omit “section 106ZL of the Higher Education Funding Act
1988”, substitute “Higher Education Support Act
2003”.
Fringe Benefits Tax
Assessment Act 1986
103 Section 135M
After “Higher Education Funding Act 1988”, insert
“or the Higher Education Support Act 2003”.
Higher Education Funding
Act 1988
104 Subsection 106L(1)
After “HEC semester debt”, insert “or PELS semester
debt”.
105 Subsection 106L(2)
After “person’s”, insert “BOTP study period debt
or”.
106 Paragraph 106L(2)(a)
Omit “one or more of the units of study”, substitute “the
BOTP course, or one or more of the units of study,”.
107 Paragraph 106L(2)(c)
Omit “a unit of study”, substitute “the BOTP course, or a
unit of study,”.
108 Subsection 106L(3B)
Omit “or a unit of study”, substitute “or a BOTP course,
or a unit of study,”.
109 Subparagraphs 106L(3B)(a)(i) and
(b)(i)
Omit “an HEC semester debt”, substitute “a semester
debt”.
110 After paragraph 106L(3B)(b)
Insert:
(ba) if the person:
(i) has incurred a BOTP semester debt for the BOTP course; and
(ii) withdraws his or her enrolment for the course for the study period;
and
(iii) the institution at which the person was enrolled gives notice to the
person that the withdrawal has taken effect;
the day specified by the institution in the notice as the day the
withdrawal takes effect; or
(bb) if:
(i) the person has incurred a BOTP semester debt; and
(ii) paragraph (ba) does not apply to the person; and
(iii) the person does not complete the BOTP course for which he or she was
enrolled for the study period;
the last day of the study period; or
111 Paragraph 106M(1)(a)
Omit “an HEC semester debt or OL study period debt”, substitute
“a semester debt”.
112 Actions by appropriate officers of
institutions
Any action by an appropriate officer of an institution before the
commencement of this item that could have been done by the Secretary under
section 106L or 106M of the Higher Education Funding Act 1988 is
taken, after that commencement, to have been done as if, at the time it was
done, the Secretary:
(a) had the power under section 112 of that Act to delegate his or
her powers under sections 106L and 106M of that Act to that appropriate
officer; and
(b) had so delegated those powers.
113 Subsection 106PA(2)
Omit “$436”, substitute “$455”.
114 Subsection 106PA(2)
Omit “$435”, substitute “$454”.
115 Subsection 106PA(3)
(formula)
Repeal the formula, substitute:
116 Subsection 106PA(4)
(formula)
Repeal the formula, substitute:
117 Subsection 106PA(4)
(example)
Omit “$690” (wherever occurring), substitute
“$660”.
118 Subsection 106PA(4)
(example)
Omit “1.15”, substitute “1.1”.
119 Subsection 106PA(4)
(example)
Omit “$1,010”, substitute “$1,040”.
120 Paragraph 106Q(1)(b)
Omit “the person had an accumulated HEC debt”,
substitute:
the person:
(i) had an accumulated HEC debt; or
(ii) if the 1 June occurs in the year 2006 or a later year—had
an accumulated HECS-HELP debt (within the meaning of the Higher Education
Support Act 2003) or an accumulated FEE-HELP/OS-HELP debt (within the
meaning of that Act), or both;
121 At the end of subparagraph
106Y(2)(e)(ii)
Add “; or”.
122 At the end of subsection
106Y(2)
Add:
(f) fourthly, in discharge or reduction of:
(i) any HECS-HELP debt of the person; or
(ii) if there is more than one such debt, those debts in the order in
which they were incurred;
(g) fifthly, in discharge or reduction of:
(i) any FEE-HELP debt or OS-HELP debt of the person; or
(ii) if there is more than one such debt, those debts in the order in
which they were incurred.
123 At the end of
section 106Y
Add:
(3) In this section, HECS-HELP debt, FEE-HELP
debt and OS-HELP debt have the same meanings as in the
Higher Education Support Act 2003.
124 At the end of
section 112
Add:
(3) The Secretary may delegate to a review officer of an institution the
Secretary’s powers under sections 106L and 106M so far as those
powers relate to persons who are, or have been, enrolled with the
institution.
(4) In exercising powers under a delegation made under
subsection (3), the delegate must comply with any directions of the
Secretary.
(5) In this subsection:
review officer, in relation to an institution, means a
person, or a person included in a class of persons, appointed by, or by a
delegate of, the chief executive officer of the institution to be an appropriate
officer of the institution for the purposes of subsection (3).
Income Tax Assessment Act
1936
125 After paragraph
24ABZE(2)(j)
Insert:
(ja) discharging a compulsory repayment amount (within the meaning of the
Higher Education Support Act 2003);
126 Subsection 51(6AA) (note)
Omit “(HECS and student assistance)”, substitute
“(Assistance to students)”.
127 Subsection 51(6AA) (note)
After “Higher Education Funding Act 1988,”, insert
“the Higher Education Support Act 2003,”.
128 Subsection 82A(2) (after paragraph (b) of
the definition of expenses of self-education)
Insert:
(ba) a student contribution amount within the meaning of the Higher
Education Support Act 2003 paid to a higher education provider (within the
meaning of that Act); or
(bb) a payment made in respect of, or in respect of the reduction or
discharge of, any indebtedness to the Commonwealth under Chapter 4 of that
Act; or
129 Subsection 163B(3) (paragraph (d) of the
definition of Tax liabilities)
After “HEC assessment debt”, insert “or compulsory
repayment amount”.
130 Subsection 163B(10)
Insert:
compulsory repayment amount has the same meaning as in the
Higher Education Support Act 2003.
131 Section 202A (after paragraph (a) of
the definition of tax file number)
Insert:
(aa) a number issued to a person under section 44 or 48 of the
Higher Education Funding Act 1988; or
132 After paragraph 202F(1)(f)
Insert:
(fa) a decision to give a notice under subsection 190-15(1) of the
Higher Education Support Act 2003;
(fb) a decision to give a notice under subsection 190-20(1) of the
Higher Education Support Act 2003;
133 Subsection 221YCAA(2) (after paragraph (ca)
of the definition of Adjusted preceding year’s
tax)
Insert:
(cb) the Higher Education Support Act 2003, as that Act applies to
assessments in respect of the current year of income, had been in force and
applied to assessments in respect of the preceding year of income; and
134 After paragraph
221YDA(9)(a)
Insert:
(ab) the liability of the taxpayer to pay, in respect of that year of
income, an amount in respect of an accumulated HECS-HELP debt or accumulated
FEE-HELP/OS-HELP debt under the Higher Education Support Act 2003;
or
135 Paragraph 221YDA(9)(b)
Omit “that debt that is”, substitute “those debts that
are”.
Income Tax Assessment Act
1997
136 Section 3-1 (table
item 2)
Repeal the item.
137 Section 12-5 (table item headed
“Higher Education Contribution Scheme (HECS)”)
Omit:
Higher Education Contribution Scheme (HECS) |
|
substitute:
Higher education assistance |
|
138 Section 26-20
(heading)
Repeal the heading, substitute:
139 After paragraph 26-20(1)(c)
Insert:
(ca) a student contribution amount within the meaning of the Higher
Education Support Act 2003 paid to a higher education provider (within the
meaning of that Act); or
(cb) a payment made to reduce a debt to the Commonwealth under
Chapter 4 of that Act; or
140 Subsection 30-25(1) (table item 2.1.3,
column 2)
Omit “Employment, Education and Training Act 1988”,
substitute “Higher Education Funding Act 1988”.
141 Subsection 30-25(1) (table item 2.1.6,
column 2)
Omit “Employment, Education and Training Act 1988”,
substitute “Higher Education Funding Act 1988”.
142 After paragraph
52-140(3)(x)
Insert:
(xa) discharging a compulsory repayment amount (within the meaning of the
Higher Education Support Act 2003);
143 Subsection 995-1(1)
Insert:
accumulated FEE-HELP/OS-HELP debt has the meaning given by
section 143-15 of the Higher Education Support Act 2003.
144 Subsection 995-1(1)
Insert:
accumulated HECS-HELP debt has the meaning given by
section 140-25 of the Higher Education Support Act 2003.
145 At the end of
section 23
Add:
(20) For the purposes of this Act, a full-time student load,
for a course of study, is the study load represented by units of study, forming
part of the course, that have a total EFTSL value of one EFTSL.
(21) Expressions used in subsection (20) that are defined in the
Higher Education Support Act 2003 have in that subsection, unless the
contrary intention appears, the same meaning as in that Act.
146 Paragraph 541B(2)(a)
Repeal the paragraph, substitute:
(a) if:
(i) the course is a course of study within the meaning of the Higher
Education Support Act 2003; and
(ii) there are Commonwealth supported students (within the meaning of that
Act) enrolled in the course;
the full-time student load for the course; or
147 Paragraph 541B(2)(b)
Omit “designated”.
148 Paragraph 569E(1)(a)
Repeal the paragraph, substitute:
(a) if:
(i) the course is a course of study within the meaning of the Higher
Education Support Act 2003; and
(ii) there are Commonwealth supported students (within the meaning of that
Act) enrolled in the course;
the full-time student load for the course; or
149 Paragraph 569E(1)(b)
Omit “designated”.
150 Paragraph 1061PF(1)(a)
Repeal the paragraph, substitute:
(a) if:
(i) the course is a course of study within the meaning of the Higher
Education Support Act 2003; and
(ii) there are Commonwealth supported students (within the meaning of that
Act) enrolled in the course;
the full-time student load for the course; or
151 Paragraph 1061PF(1)(b)
Omit “designated”.
Taxation Administration Act
1953
152 Section 8AAZA
Insert:
compulsory repayment amount has the same meaning as in the
Higher Education Support Act 2003.
153 After paragraph 8AAZLD(a)
Insert:
(aa) secondly, against any compulsory repayment amount of the entity;
and
Note: The heading to section 8AAZLD is altered by
inserting “and compulsory repayment amounts” after
“debts”.
154 Section 6-1 in
Schedule 1
After “(HECS)”, insert “, liability to repay debts under
the Higher Education Loan Program (HELP)”.
155 After paragraph 11-1(c) in
Schedule 1
Insert:
(ca) amounts of liabilities to the Commonwealth under Chapter 4 of
the Higher Education Support Act 2003; and
156 Paragraph 15-30(c) in
Schedule 1
After “Higher Education Funding Act 1988”, insert
“for any financial year ending before 1 July 2005”.
157 After paragraph 15-30(c) in
Schedule 1
Insert:
(ca) the percentages specified in section 154-20 (about repayments of
accumulated HECS-HELP debts or accumulated FEE-HELP/OS-HELP debts) of the
Higher Education Support Act 2003 for any financial year starting on or
after 1 July 2005;
158 After paragraph 45-5(1)(c) in
Schedule 1
Insert:
(ca) amounts of liabilities to the Commonwealth under Chapter 4 of
the Higher Education Support Act 2003; and
159 Section 45-340 in Schedule 1 (method
statement, step 3)
After “Higher Education Funding Act 1988”, insert
“, or an *accumulated HECS-HELP debt or
*accumulated FEE-HELP/OS-HELP debt under the
Higher Education Support Act 2003,”.
160 Section 45-375 in Schedule 1 (method
statement, step 3)
After “Higher Education Funding Act 1988”, insert
“, or an *accumulated HECS-HELP debt or
*accumulated FEE-HELP/OS-HELP debt under the
Higher Education Support Act 2003,”.
Taxation (Interest on
Overpayments and Early Payments) Act 1983
161 Subsection 3(1)
Insert:
compulsory repayment amount has the same meaning as in the
Higher Education Support Act 2003.
162 Subsection 3(1) (after
subparagraph (a)(vii) of the definition of relevant
tax)
Insert:
(viia) amounts that are treated under Subdivision 154-D of the
Higher Education Support Act 2003 as if they were income tax;
163 After subparagraph
8A(1)(a)(ii)
Insert:
(iia) compulsory repayment amount; or
164 After paragraph 8A(2)(b)
Insert:
(ba) compulsory repayment amount; or
165 Subparagraph 8E(1)(d)(iii)
After “HEC assessment debt”, insert “or compulsory
repayment amount”.
166 Subparagraph 8E(2)(d)(iii)
After “HEC assessment debt”, insert “or compulsory
repayment amount”.
167 After sub-subparagraph
12A(1)(a)(iv)(B)
Insert:
(BA) compulsory repayment amount; or
168 After paragraph 12(2)(b)
Insert:
(ba) compulsory repayment amount; or