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2008-2009-2010 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES Higher Education Support Amendment (University College London) Bill 2010 EXPLANATORY MEMORANDUM (Circulated by authority of the Minister for Education the Honourable Julia Gillard MP) Higher Education Support Amendment (University College London) Bill 2010 OUTLINE The purpose of the Bill is to provide for an amendment to section 16-22 of the Higher Education Support Act 2003 to list University College London as a Table C provider. This amendment will allow University College London to offer FEE-HELP to eligible domestic students. FINANCIAL IMPACT There is no financial impact associated with this amendment. Higher Education Support Amendment (University College London) Bill 2010 NOTES ON CLAUSES Clause 1 - Short title Clause 1 provides for the Act to be cited as the Higher Education Support Amendment (University College London) Act 2010. Clause 2 - Commencement Clause 2 provides that the Higher Education Support Amendment (University College London) Act 2010 will be taken to have commenced on 1 January 2010. Retrospective commencement of the amendment is considered appropriate to ensure that any students wishing to seek FEE-HELP assistance for units of study they undertake with the University College London during semester 1 of 2010 will not be disadvantaged owing to a delay in the passage of the bill after commencement of semester 1 of the 2010 academic year. Clause 3 - Schedule(s) Provides that each Act that is specified in a Schedule is amended or repealed as set out in the applicable items in the Schedule and that any other item in a Schedule has effect according to its terms. Schedule 1 -Amendments Summary This Schedule amends the Higher Education Support Act 2003 to list University College London as a Table C provider, which will enable it to offer FEE-HELP assistance to its eligible domestic students. . Background The Higher Education Support Act 2003 includes provision for a foreign University, operating in Australia to be listed as a Table C provider which will enable it to offer FEE-HELP assistance to its eligible domestic students. To be eligible to be considered for listing as a Table C provider, a foreign University must first have been approved to operate in Australia by the relevant state or territory under the National Protocols for Higher Education Approval Processes (National Protocols). In 2009, the Department of Education, Employment and Workplace Relations received a request from the University College London to be listed as a Table C provider. University College London, a non-profit organisation established under United Kingdom law, has been approved to operate as a higher education provider in Australia by the South Australian government under the National Protocols. University College London will commence offering courses in Semester 1, 2010. Explanation of the changes Higher Education Support Act 2003 Item 1 - Subsection 16-22(1) (at the end of the table) Item 1 adds University College London to the list of Table C providers in the table under subsection 16-22(1). Item 2 - Application Subitem 2(1) provides that the amendment will apply to units of study offered by the University College London on or after 1 January 2010. The amendment will apply retrospectively to avoid disadvantaging students who may wish to seek FEE-HELP assistance for a unit of study they undertake with the University College London during semester 1 of the 2010 academic year. FEE-HELP is a Commonwealth scheme which provides financial assistance to eligible domestic students undertaking units of study offered by higher education providers. The FEE-HELP scheme is administered by Part 3-3 of the Higher Education Support Act 2003. Subitem 2(2) is consequential to item 2 of Schedule 1 and inserts a definition for the term unit of study used in subitem 2(2) of Schedule 1. Subitem 2(2) provides that the term, unit of study has the same meaning as in the Higher Education Support Act 2003.