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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Innovation and
Education Legislation Amendment Bill
2001
No. ,
2001
(Education, Training and Youth
Affairs)
A Bill for an Act to amend
legislation about funding of primary, secondary and higher education and of
research, and for related purposes
ISBN: 0642
468818
Contents
Part 1—Extra funding for operating
purposes 3
Higher Education Funding Act
1988 3
Part 2—Extra funding for other
purposes 4
Australian Research Council Act
2001 4
Higher Education Funding Act
1988 4
Part 1—Extra establishment assistance for new
schools 5
States Grants (Primary and Secondary Education Assistance) Act
2000 5
Part 2—Extra strategic assistance for educationally
disadvantaged students 6
States Grants (Primary and Secondary Education Assistance) Act
2000 6
Part 3—Extra funding for students with
disabilities 7
States Grants (Primary and Secondary Education Assistance) Act
2000 7
Higher Education Funding Act
1988 8
Higher Education Funding Act
1988 21
Higher Education Funding Act
1988 28
A Bill for an Act to amend legislation about funding of
primary, secondary and higher education and of research, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Innovation and Education Legislation
Amendment Act 2001.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Part 1—Extra
funding for operating purposes
Higher Education Funding
Act 1988
1 Paragraph 17(m)
Repeal the paragraph, substitute:
(m) in the case of the year 2001—$2,705,165,000; and
(n) in the case of the year 2002—$2,693,640,000.
Part 2—Extra
funding for other purposes
Australian Research
Council Act 2001
2 Paragraph 49(b)
Repeal the paragraph, substitute:
(b) for the year 2002—$262,413,000.
Higher Education Funding
Act 1988
3 Paragraphs 23C(2)(i) and
(j)
Repeal the paragraphs, substitute:
(i) for the year 2001—$976,311,000; and
(j) for the year 2002—$1,028,255,000.
Part 1—Extra
establishment assistance for new schools
States Grants (Primary and
Secondary Education Assistance) Act 2000
1 Schedule 7 (table)
Repeal the table, substitute:
|
Grants for establishment assistance |
|
|---|---|
|
Column 1 Program year |
Column 2 Amount of grants ($’000) |
|
2001 |
3,693 |
|
2002 |
4,679 |
|
2003 |
2,944 |
|
2004 |
2,944 |
Part 2—Extra
strategic assistance for educationally disadvantaged
students
States Grants (Primary and
Secondary Education Assistance) Act 2000
2 Part 1 of Schedule 8 (table item
dealing with 2001 program year, column 2)
Omit “290,598”, substitute “290,788”.
3 Part 1 of Schedule 8 (table item
dealing with 2002 program year, column 2)
Omit “289,488”, substitute “289,678”.
4 Part 1 of Schedule 8 (table item
dealing with 2003 program year, column 2)
Omit “267,845”, substitute “268,035”.
5 Part 1 of Schedule 8 (table item
dealing with 2004 program year, column 2)
Omit “257,974”, substitute “258,164”.
Part 3—Extra
funding for students with disabilities
States Grants (Primary and
Secondary Education Assistance) Act 2000
6 Part 2 of Schedule 8
(table)
Repeal the table, substitute:
|
Strategic assistance amounts |
||
|---|---|---|
|
Column 1 Program year |
Column 2 Government schools ($) |
Column 3 Non-government schools ($) |
|
2001 |
110 |
561 |
|
2002 |
110 |
561 |
|
2003 |
110 |
561 |
|
2004 |
110 |
561 |
Higher Education Funding
Act 1988
1 Section 3 (after paragraph (a) of
the definition of year to which this Chapter
applies)
Insert:
(aa) in Chapter 4A—the year 2002 or any subsequent year;
or
2 Paragraph 60(1)(a)
Omit “this Chapter or”, substitute “this Chapter,
Chapter 4A or”.
3 At the end of paragraph
61(1)(a)
Add “and”.
4 After paragraph 61(1)(a)
Insert:
(aa) the making by the Commonwealth of payments under Chapter 4A, or
of advances on account of payments under that Chapter; and
5 After Chapter 4
Insert:
(1) In this Chapter, unless the contrary intention appears:
appropriate officer of an institution means:
(a) a person who is an appropriate officer of the institution for the
purposes of Chapter 4; or
(b) if the institution is Marcus Oldham College—a person, or a
person included in a class of persons, appointed by the chief executive officer
of the institution or the chief executive officer’s delegate to be an
appropriate officer of the institution for the purposes of this
Chapter.
eligible post-graduate course of study at an institution
means a course of study at the institution that:
(a) is a post-graduate course for which fees may be charged; and
(b) is not a post-graduate research award course of study.
eligible student, for a semester, has the meaning given by
section 98B.
institution has the meaning given by section 4 (despite
subsection (2) of this section).
semester means a semester in a year to which this Chapter
applies, and has a meaning affected by subsection (3).
student means:
(a) a person who proposes to undertake on or after 1 January 2002, or
is undertaking or has undertaken on or after that date, an eligible
post-graduate course of study at an institution; and
(b) when used in relation to a particular eligible post-graduate course of
study at an institution—a person who proposes to undertake on or after
1 January 2002, or is undertaking or has undertaken on or after that date,
the eligible post-graduate course of study at that institution.
(2) Expressions used in this Chapter that are defined in Chapter 4
have in this Chapter, unless the contrary intention appears, the same meanings
as in Chapter 4.
(3) For the purposes of subsection (2), section 37 and
subsection 39(2) apply in relation to the expressions semester and
standard student load in this Chapter in the same way that they
apply in relation to those expressions in Chapter 4, as if:
(a) the references in section 37 and subsection 39(2) to institution
were references to institution within the meaning of Chapter 4A;
and
(b) the reference in subsection 39(2) to each designated course of study
were a reference to each eligible post-graduate course of study.
(4) Section 36 does not affect the meaning of the expression
student load in this Chapter.
(5) Expressions used in this Chapter that are defined in the Income Tax
Assessment Act 1936 have in this Chapter, unless the contrary intention
appears, the same meanings as in that Act.
(6) For the purposes of this Chapter, the payment of an amount to an
institution by a person other than a student in respect of fees payable by the
student to the institution is taken to constitute payment of that amount to the
institution by the student.
(1) A student is an eligible student for a semester if on
the day (the enrolment day) on which the person completes his or
her enrolment for the semester, the student is:
(a) an Australian citizen; or
(b) a person who has been granted a certificate of Australian citizenship
under section 13 of the Australian Citizenship Act 1948 and who has
yet to make the pledge referred to in section 15 of that Act; or
(c) a New Zealand citizen who is the holder of a permanent visa, is
present in Australia and:
(i) does not satisfy the residency test in subsection (2);
or
(ii) if, on enrolment day, he or she satisfies that test—first
satisfied that test on a day within the 12 months immediately preceding the
enrolment day; or
(d) a person (other than a New Zealand citizen) who is a permanent
resident, is present in Australia and:
(i) does not satisfy the residency test in subsection (2);
or
(ii) if, on enrolment day, he or she satisfies that test—first
satisfied that test on a day within the 12 months immediately preceding the
enrolment day.
(2) A person satisfies the residency test on a particular day if the
person:
(a) has been present in Australia as a permanent resident for a period of,
or for periods totalling, not less than one year during the period of 2 years
immediately preceding that day; and
(b) has been present in Australia as a permanent resident for a period of,
or for periods totalling, not less than 2 years during the period of 5 years
immediately preceding that day.
(1) In addition to the conditions specified in any other provision of this
Act, financial assistance is granted to an institution on the condition that the
institution complies with the requirements of this Chapter.
(2) Without limiting the operation of subsection (1), the following
provisions of this Chapter do not of their own force require an institution to
do any act or thing.
(1) A person may make an application under this section if he or
she:
(a) has enrolled in or proposes to enrol in an eligible post-graduate
course of study for a semester at an institution; and
(b) is or will be an eligible student for the semester.
(2) The application must be made on or before the census date for the
course of study for the semester.
(3) The application must state that the applicant asks the Commonwealth
if:
(a) on the census date for the eligible post-graduate course of study for
any semester the applicant:
(i) is an eligible student for that semester; and
(ii) is enrolled in the course of study for that semester at the
institution; and
(iii) has not paid the full amount of the fees charged by the institution
for so much of the course of study as is being undertaken by the student for
that semester, leaving part of those fees outstanding; and
(b) that census date is on or after the date on which the application is
made;
to lend to the applicant the amount of those fees outstanding and to use
the amount so lent to pay the fees outstanding on behalf of the
applicant.
Note: The applicant makes only one application for each
course of study.
(4) The application must also acknowledge that if the Commonwealth
complies with the request the applicant will be liable to make payments under
Chapter 5A.
(5) The application must be in the approved form, signed by the applicant
and given to an appropriate officer of the institution.
Sections 41A, 41B, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 and 53
apply in relation to the tax file number of a student as if:
(a) any references in those sections to student were references to student
within the meaning of Chapter 4A; and
(b) the references in paragraphs 41A(1)(a) and 41B(1)(a) to a contributing
student were references to an eligible student; and
(c) the references in paragraphs 41A(1)(a) and 41B(1)(a) to giving a
document as mentioned in paragraph 41(1)(b) or (1A)(c) were references to making
an application under section 98D; and
(d) the references in paragraph 41A(1)(b), subsection 41A(2) and paragraph
41B(1)(b) to the document were references to the application; and
(e) the reference in paragraph 41B(1)(a) to a designated course of study
were a reference to an eligible post-graduate course of study; and
(f) the references in subsection 50(4) and paragraphs 52(1)(a) and
53(1)(d) to this Chapter were references to Chapter 4A.
(1) An institution must give a written notice under this subsection to
each student who:
(a) is enrolled in an eligible post-graduate course of study at the
institution on the census date for that course of study for a semester;
and
(b) has made an application under section 98D on or before that date
in relation to that course of study.
(2) The notice must:
(a) set out particulars of so much of that course of study as is being
undertaken by the student for that semester; and
(b) state whether the student is an eligible student for that semester;
and
(c) set out the student’s student load in respect of that course of
study for that semester expressed as a proportion of the standard student load
for that course of study in the year in which that semester occurs;
and
(d) specify the full amount of the fees charged by the institution for so
much of that course of study as is being undertaken by the student for that
semester; and
(e) specify the amount of those fees that has been paid by the student on
or before the census date for that course of study for that semester;
and
(f) specify the amount of those fees outstanding in respect of the student
immediately after the census date for that course of study for that
semester.
(3) A notice to a student under subsection (1) in relation to a
semester must be given not later than a date specified by the Minister by notice
published in the Gazette in relation to that semester for the purposes of
this section.
(4) If, after giving a notice to a student under subsection (1) or
this subsection, the institution is satisfied that a material particular in the
notice was not, or has ceased to be, correct, the institution must give a
further written notice to the student setting out the correct
particular.
(5) A notice under this section is given for the purpose only of providing
information to a student, and the liability of a student to pay fees charged by
the institution is not affected:
(a) if the institution fails to give a notice or to give a notice by the
specified date; or
(b) if there is an incorrect statement in the notice.
(6) A notice under this section must set out the effect of subsections
55(1) and (2), as applied in relation to the notice by
subsection (7).
(7) Section 55 applies in relation to a notice under this section as
if:
(a) any references in that section to student were references to student
within the meaning of Chapter 4A; and
(b) the references in subsections 55(1) and (4) to section 54 were
references to section 98F; and
(c) the reference in subsection 55(3) to the liability of the student to
pay the contribution were a reference to the liability of the student to pay
fees charged by the institution; and
(d) the reference in subsection 55(4) to subsection 54(3) were a reference
to subsection 98F(4).
(1) This section operates if an eligible student for a semester:
(a) has made an application under section 98D before the census date
for the student’s eligible post-graduate course of study for the semester,
being the course specified in the application; and
(b) is enrolled in the eligible post-graduate course of study for the
semester at the institution, as specified in the application; and
(c) has not, on or before the census date for the course of study
for the semester, paid the full amount of the fees charged by the institution
for so much of the course of study as is being undertaken by the student for the
semester, leaving part of those fees outstanding.
(2) The Commonwealth must, as a benefit to the student:
(a) lend to the student an amount equal to the amount of the fees
outstanding immediately after the census date; and
(b) apply the amount so lent in making a payment to the institution in
discharge of the student’s liability to pay the amount of the fees
outstanding.
(3) The Commonwealth may make advances to the institution on account of an
amount that is expected to become payable by the Commonwealth to the institution
under this section.
(1) This section operates if:
(a) the institution receives notice under subsection 42(3) or (5) as
applied by section 98E to the effect that a person who has made an
application under section 98D does not have, or no longer has, a tax file
number; and
(b) at the end of 28 days after the institution receives that notice, the
institution has not been notified of a number that the institution is satisfied
(in accordance with guidelines issued by the Commissioner) is the person’s
tax file number.
(2) The Commonwealth is not liable, and is taken never to have been
liable:
(a) to lend an amount to the person under paragraph 98G(2)(a);
or
(b) to apply any amount in making a payment to the institution under
paragraph 98G(2)(b) in discharge of a liability of the person.
(3) The regulations may set out procedures for the institution to notify
persons who may be affected by subsection (2).
An institution must give to the Minister, if and when required by the
Minister to do so, any statistical and other information relating to students in
relation to eligible post-graduate courses of study (not being information as to
the name or address of a student) that the Minister reasonably requires for the
purposes of this Part.
Section 78 has effect in relation to information disclosed or
obtained under, or for the purposes of, this Chapter as if the section were
included in this Chapter.
The chief executive officer of an institution must give to the Minister,
on or before 31 December in each year, a statement:
(a) as to whether the institution has complied with the requirements of
this Chapter in respect of the year ending on that 31 December;
and
(b) if the institution has not complied with such a requirement in respect
of that year, setting out particulars of the non-compliance.
(1) Sections 56C, 56D and 56E apply for the purposes of this Chapter
as if a reference in those sections to a person, thing or provision mentioned in
the second column of an item of the table were a reference to the person, thing
or provision mentioned in the third column of the item.
|
How sections 56C, 56D and 56E apply |
||
|---|---|---|
|
Item |
Person, thing or provision mentioned in section 56C, 56D or
56E |
Equivalent person, thing or provision for this Chapter |
|
1 |
Student |
Student (within the meaning of Chapter 4A), person or
applicant |
|
2 |
Institution |
Institution within the meaning of Chapter 4A |
|
3 |
Document |
Application |
|
4 |
Paragraph 41(1)(b) |
Section 98D |
|
5 |
Section 54 |
Section 98F |
(2) This section does not affect the way in which sections 56C, 56D
and 56E apply apart from this section.
6 Chapter 5A (heading)
Repeal the heading, substitute:
7 Subsection 106H(1)
Insert:
PELS semester debt has the meaning given by
section 106JA.
8 Subsection 106H(1) (paragraph (b) of the
definition of semester debt)
Omit “debt.”, substitute “debt; or”.
9 Subsection 106H(1) (at the end of the
definition of semester debt)
Add:
(c) a PELS semester debt.
10 Subsection 106H(2)
Omit “Chapter 4 or 5” (wherever occurring), substitute
“Chapter 4, 4A or 5”.
11 After paragraph 106I(a)
Insert:
(aa) to students under Chapter 4A; or
12 After section 106J
Insert:
(1) When the Commonwealth under section 98G:
(a) makes a loan to a person; and
(b) uses the amount lent to make a payment in discharge of the
person’s liability to pay fees in respect of a course of study in respect
of a semester;
the person incurs a PELS semester debt to the Commonwealth
equal to the amount of the loan.
(2) The PELS semester debt is taken to have been incurred immediately
after the census date for the course of study for the semester, whether or not
the Commonwealth has made a payment to the institution in respect of the
fees.
13 Subsection 106N(1)
Omit “an HEC semester debt or debts, or an OL study period debt or
debts, or both,”, substitute “a semester debt or
debts”.
14 Paragraph 106N(1)(a)
Repeal the paragraph, substitute:
(a) that debt; or
15 Paragraph 106N(2)(a)
Omit “an HEC semester debt or debts, or an OL study period debt or
debts,”, substitute “a semester debt or debts”.
16 Paragraph 106N(2)(b)
Omit “a debt or debts of that kind”, substitute “a
semester debt or debts”.
17 Paragraph 106O(1)(b)
Omit “HEC semester debt or OL study period debt”, substitute
“semester debt”.
18 At the end of
section 106R
Add:
(4) An institution must give to the Commissioner, if asked by the
Commissioner to do so, any information in its possession relating to students in
relation to eligible post-graduate courses of study at the institution that the
Commissioner reasonably requires for the purposes of this Chapter.
19 Subparagraph
106Y(2)(e)(i)
Omit “HEC semester debt or OL study period debt”, substitute
“semester debt”.
20 Subsection 118(1)
Omit “Chapter 4”, substitute “Chapters 4 and
4A”.
21 Subsection 118(2)
Omit “Chapter 4”, substitute “Chapter 4 or
4A”.
22 Transitional provision for
Commissioner’s guidelines
(1) This item operates if guidelines issued by the Commissioner under
paragraph 42A(1)(b) of the Higher Education Funding Act 1988 are in force
immediately before the commencement of this Schedule.
(2) The guidelines operate on and after that commencement in relation to
paragraph 98H(1)(b) of the Higher Education Funding Act 1988 as if they
had been made under that paragraph and paragraph 42A(1)(b) of that
Act.
(3) This item does not prevent the amendment or repeal of the
guidelines.
Higher Education Funding
Act 1988
1 Section 3 (definition of
institution)
Omit “Chapter 4”, substitute “Chapters 4 and
5B”.
2 After Chapter 5A
Insert:
(1) In this Chapter, unless the contrary intention appears:
loan limit notice means a notice given under subsection
106ZE(1).
maximum permitted debt means the amount specified in a
determination in force under section 106ZD.
suspension notice means a notice given under subsection
106ZH(1).
total indebtedness under this Act has the meaning given by
subsection (3).
(2) Expressions used in this Chapter that are defined in Chapter 4,
4A, 5 or 5A have in this Chapter, unless the contrary intention appears, the
same meanings as in Chapter 4, 4A, 5 or 5A (as the case may be).
(3) A person’s total indebtedness under this Act at a
time is the sum of:
(a) the person’s accumulated HEC debt as at the most recent
1 June before that time; and
(b) the semester debt or semester debts that:
(i) the person owes to the Commonwealth; and
(ii) were incurred after that 1 June;
reduced by any payments made after that 1 June in reduction of the
debts mentioned in paragraph (a) or (b).
(1) In addition to the conditions specified in any other provision of this
Act, financial assistance is granted to an institution referred to in
section 4 on the condition that the institution complies with the
requirements of this Chapter.
(2) Without limiting the operation of subsection (1), the following
provisions of this Chapter do not of their own force require an institution to
do any act or thing.
The Minister may make a determination specifying an amount that is the
maximum permitted debt for the purposes of this Chapter.
(1) The Commissioner must give a notice (the loan limit
notice) under this section in relation to a person if the person’s
total indebtedness under this Act exceeds the maximum permitted debt.
(2) The notice must:
(a) state that, on the day on which the notice is given, the
person’s total indebtedness under this Act exceeds the maximum permitted
debt; and
(b) summarise the effect of sections 106ZF, 106ZG, 106ZH and
106ZJ.
(3) The notice must be in writing and given to the person to whom it
relates.
(4) The Commissioner must give a copy of the notice to:
(a) each institution at which, according to information that the
institution has given the Commissioner, the person to whom the notice relates is
enrolled in or undertaking a designated course of study or an eligible
post-graduate course of study; and
(b) if the Agency has given information to the Commissioner indicating
that the person to whom the notice relates is an eligible client of the Agency
for a study period—the Agency;
unless the notice has been cancelled under section 106ZF.
Note: The Commissioner must give a copy of the notice from
time to time as occasion requires. See subsection 33(1) of the Acts
Interpretation Act 1901.
(5) At the time the notice is given, the Commissioner must also give a
statement in writing to the person to whom the notice relates that
specifies:
(a) the maximum permitted debt; and
(b) the person’s total indebtedness under this Act at that
time.
(1) The person to whom the loan limit notice relates may ask the
Commissioner to give a notice (the cancellation notice) under this
section cancelling the loan limit notice.
(2) The Commissioner must give the cancellation notice to the person if
the person’s total indebtedness under this Act no longer exceeds the
maximum permitted debt.
(3) The cancellation notice must be in writing and state that, on the day
on which it is given, the person’s total indebtedness under this Act does
not exceed the maximum permitted debt.
(1) This section operates if the Commissioner has given a person a loan
limit notice in accordance with section 106ZE that relates to the
person.
HECS and PELS
(2) The Commonwealth is not liable, and is taken never to have been
liable, in relation to a course of study for a semester covered by
subsection (3):
(a) to lend an amount to the person under:
(i) subsection 57(3), paragraph 57(3A)(e) or subparagraph 57(3B)(b)(i);
or
(ii) paragraph 98G(2)(a); or
(b) to apply any amount in making a payment to an institution, in
discharge of a liability of the person, under:
(i) subsection 57(2) or (3), paragraph 57(3A)(e) or (f) or subparagraph
57(3B)(b)(ii); or
(ii) paragraph 98G(2)(b).
(3) Subsection (2) relates to a course of study for a semester
if:
(a) the course of study is:
(i) a designated course of study; or
(ii) an eligible post-graduate course of study; and
(b) the census date for the course of study for the semester is:
(i) on or after the day on which the Commissioner gave the person the loan
limit notice; and
(ii) if the loan limit notice has been cancelled by a notice under
section 106ZF—before the day on which the loan limit notice was
cancelled.
Open Learning Deferred Payment Scheme
(4) The Commonwealth is not liable, and is taken never to have been
liable, in relation to a unit of study for a study period covered by
subsection (5):
(a) to lend an amount to the person under paragraph 106D(1)(a);
or
(b) to apply any amount in making a payment to the Agency, in discharge of
a liability of the person, under paragraph 106D(1)(b).
(5) Subsection (4) relates to a unit of study for a study period if
the census date for the study period is:
(a) on or after the day on which the Commissioner gave the person the loan
limit notice; and
(b) if the loan limit notice has been cancelled by a notice under
section 106ZF—before the day on which the loan limit notice was
cancelled.
Notifying affected persons
(6) The regulations may set out procedures for an institution or the
Agency to notify persons who may be affected by subsection (2) or
(4).
(1) The Commissioner must give an institution a notice (the
suspension notice) in writing under this subsection in relation to
a person if:
(a) the person’s total indebtedness under this Act exceeds the
maximum permitted debt; and
(b) the Commissioner has given the person a loan limit notice in
accordance with section 106ZE; and
(c) the loan limit notice has not been cancelled by a notice under
section 106ZF; and
(d) according to information that the institution has given the
Commissioner, the person:
(i) is enrolled in or undertaking a designated course of study at the
institution; or
(ii) proposes to enrol in or undertake a designated course of study at the
institution.
(2) The suspension notice must:
(a) state that:
(i) on the day on which it is given, the person’s total indebtedness
under this Act exceeds the maximum permitted debt; and
(ii) the Commissioner gave the person a loan limit notice on or before
that day; and
(iii) the loan limit notice has not been cancelled by a notice under
section 106ZF on or before that day; and
(b) specify the day on which the Commissioner gave the person the loan
limit notice.
(3) The Commissioner must give a copy of the suspension notice to the
person to whom it relates.
(1) This section operates if the Commissioner has given an institution a
suspension notice in relation to a person.
(2) The institution must:
(a) not permit the person to undertake a course of study for a semester
covered by subsection (3) at the institution; and
(b) if the person applies to enrol for a course of study for a semester
covered by subsection (3) at the institution—not permit the person to
enrol for the course of study for the semester; and
(c) if the person has already enrolled for a course of study for a
semester covered by subsection (3) at the institution—cancel the
person’s enrolment for the course of study for the semester.
(3) Subsection (2) relates to a course of study for a semester
if:
(a) the course of study is a designated course of study; and
(b) the census date for the course of study for the semester is:
(i) on or after the day specified in the suspension notice as the day on
which the Commissioner gave the person a loan limit notice; and
(ii) if the loan limit notice has been cancelled by a notice under
section 106ZF—before the day on which the loan limit notice was
cancelled.
(4) The regulations may set out procedures for the institution to notify
persons who may be affected by subsection (2).
(5) Subsection (2) does not apply if:
(a) the person pays to the institution the total amount of the
contribution that the institution assesses will be payable by the student for
the course of study for the semester; or
(b) the person is an exempt student for the course of study for the
semester.
Section 78 has effect in relation to information disclosed or
obtained under, or for the purposes of, this Chapter as if the section were
included in this Chapter.
3 Paragraph 110(b)
Omit “or 27A”, substitute “, 27A or
106ZD”.
Higher Education Funding
Act 1988
1 Section 3
Insert:
electronic communication has the meaning given by the
Electronic Transactions Act 1999.
2 Section 3
Insert:
information system has the meaning given by the Electronic
Transactions Act 1999.
3 At the end of Division 2 of
Part 4.2
Add:
(1) This section applies in relation to a document, notice, certificate or
request that:
(a) is described in one of the following provisions:
(i) subparagraph 41(1)(a)(ii);
(ii) paragraph 41(1)(b);
(iii) paragraph 41(1A)(c);
(iv) paragraph 41B(2)(a);
(v) paragraph 41B(2)(b);
(vi) section 55; and
(b) is required or permitted by the provision to be given by the student
to the appropriate officer of the institution.
(2) The student complies with the provision, so far as it requires or
permits the student to give the document, notice, certificate or request to the
officer, if the student gives the document, notice, certificate or request to
the officer:
(a) by electronic communication using an information system:
(i) that is declared by an appropriate officer of the institution to be a
system that may be used by any student to give to an appropriate officer of the
institution such a document, notice, certificate or request; and
(ii) that is declared by the Minister to meet guidelines relating to
information systems that may be used to give such a document, notice,
certificate or request; and
(b) at a time when section 9 of the Electronic Transactions Act
1999 does not apply to the requirement or permission because of regulations
made under that Act.
(3) This section does not limit the ways in which the student may comply
with the provision.
Declaration by appropriate officers of institution
(4) An appropriate officer of an institution may declare, in writing given
to the Minister, that a specified information system may be used by any student
to give to an appropriate officer of the institution a document, notice,
certificate or request required or permitted by a provision mentioned in
paragraph (1)(a) to be given by a student to an appropriate officer of the
institution.
Note: A declaration under this subsection may be revoked.
See subsection 33(3) of the Acts Interpretation Act
1901.
Declarations by Minister
(5) The Minister may declare, in writing given to an institution, that a
specified information system meets the guidelines relating to information
systems that may be used by a student to give to an appropriate officer of the
institution a document, notice, certificate or request that the student is
required or permitted by a provision mentioned in paragraph (1)(a) to
give.
Note: A declaration under this subsection may be revoked.
See subsection 33(3) of the Acts Interpretation Act
1901.
Guidelines
(6) The Minister may issue written guidelines relating to information
systems that may be used to give documents, notices, certificates or requests
that students are required or permitted by a provision mentioned in
paragraph (1)(a) to give.
Note: Guidelines under this subsection may be revoked or
varied. See subsection 33(3) of the Acts Interpretation Act
1901.
(1) This section applies in relation to a document that:
(a) is described in one of the following provisions:
(i) subparagraph 41(1)(a)(ii);
(ii) paragraph 41(1)(b);
(iii) paragraph 41(1A)(c); and
(b) is required by the provision to be signed by the student who gives it
to the appropriate officer of an institution.
(2) The student complies with the requirement if the student’s
identity and approval of the document are made apparent in connection with the
document:
(a) by a method:
(i) that is declared by an appropriate officer of the institution to be a
method that may be used in connection with such a document; and
(ii) that is declared by the Minister to meet guidelines relating to
methods of identifying students, and indicating their approval of documents, in
connection with such documents; and
(b) at a time when section 10 of the Electronic Transactions Act
1999 does not apply to the requirement because of regulations made under
that Act.
(3) This section does not limit the ways in which the student may comply
with the requirement.
Declarations by appropriate officers of institutions
(4) An appropriate officer of an institution may declare, in writing given
to the Minister, that a specified method may be used, in connection with a
document required by a provision mentioned in paragraph (1)(a) to be signed
by a student, to indicate the student’s identity and approval of the
document.
Note: A declaration under this subsection may be revoked.
See subsection 33(3) of the Acts Interpretation Act
1901.
Declarations by Minister
(5) The Minister may declare, in writing given to an institution, that a
specified method meets the guidelines relating to methods of identifying
students, and indicating their approval of documents, in connection with
documents required by a provision mentioned in paragraph (1)(a) to be
signed by students.
Note: A declaration under this subsection may be revoked.
See subsection 33(3) of the Acts Interpretation Act
1901.
Guidelines
(6) The Minister may issue written guidelines relating to methods of
identifying students, and indicating their approval of documents, in connection
with documents that students are required by a provision mentioned in
paragraph (1)(a) to sign.
Note: Guidelines under this subsection may be revoked or
varied. See subsection 33(3) of the Acts Interpretation Act
1901.
(1) This section applies to a notice that is described in section 41A
or 54 and given by an institution to a student by electronic communication using
an information system to which the student has access provided by the
institution in accordance with guidelines about access to information systems
used to give notices described in that section.
(2) For the purposes of paragraph 9(1)(a) of the Electronic
Transactions Act 1999, it is reasonable to expect that the notice will be
readily accessible so as to be useable for subsequent reference.
(3) For the purposes of paragraph 9(1)(d) of the Electronic
Transactions Act 1999, the student is taken to consent to the giving of the
notice by electronic communication.
Note: This section has the effect that subsection 9(1) of
the Electronic Transactions Act 1999 will treat the electronic
communication of the notice as meeting the requirement in section 41A or 54
of this Act to give the notice.
(4) The Minister may issue written guidelines about institutions providing
students with access to information systems used by institutions to give
students notices described in section 41A or 54.
Note: Guidelines issued under this section may be revoked or
varied. See subsection 33(3) of the Acts Interpretation Act
1901.
4 At the end of Division 1 of
Part 5.2
Add:
(1) Sections 56C, 56D and 56E apply for the purposes of this Chapter
as if a reference in those sections to a person, thing or provision mentioned in
the second column of an item of the table were a reference to the person, thing
or provision mentioned in the third column of the item.
|
How sections 56C, 56D and 56E apply |
||
|---|---|---|
|
Item |
Person, thing or provision mentioned in section 56C, 56D or
56E |
Equivalent person, thing or provision for this Chapter |
|
1 |
Student |
Client |
|
2 |
Appropriate officer of an institution |
Appropriate officer of the Agency |
|
3 |
Institution |
Agency |
|
4 |
Paragraph 41(1)(b) |
Subsection 105(2) |
|
5 |
Paragraph 41B(2)(a) |
Paragraph 105(3)(a) |
|
6 |
Paragraph 41B(2)(b) |
Paragraph 105(3)(b) |
|
7 |
Section 54 |
Section 106B |
|
8 |
Section 55 |
Section 106C |
(2) This section does not affect the way in which sections 56C, 56D
and 56E apply apart from this section.
5 Paragraph 110(c)
After “40A”, insert “, subsection 56C(6), 56D(6) or
56E(4) (as any of those subsections applies of its own force or
otherwise)”.