Commonwealth Numbered Acts Commonwealth Numbered ActsHigher Education Support Act 2003
1 Subclause 1(1) of Schedule 1 (after subparagraph (a)(i) of the definition of grandfathered student )
Insert:
(ia) the person commenced a course of study (the ongoing course ) with a higher education provider before 1 January 2021 and, on or after that day, the person completes the ongoing course and commences another course of study (the honours course ) that relates to the ongoing course and that is leading to a * higher education award that is an honours degree;
2 Subclause 1(1) of Schedule 1 (subparagraph (a)(ii) of the definition of grandfathered student )
Omit " * higher education award", substitute "higher education award".
3 After subclause 1(1C) of Schedule 1
Insert:
(1CA) Without limiting subclause (1C), a * course of study is taken to be restructured by a provider for the purposes of that subclause if the course of study is discontinued by the provider.
Part 2 -- Application and transitional provisions
In this Part:
affected student means a person who:
(a) is a grandfathered student because of subparagraph (a)(ia) of the definition of that term in Schedule 1 to the Higher Education Support Act 2003 , as amended by Part 1 of this Schedule; and
(b) enrolled in a unit of study in an honours course referred to in that subparagraph that has a census date at any time during the transition period.
old student contribution amount for a unit of study for an affected student means the student contribution amount for the unit of study that applied to the student during the transition period.
relevant amendment means the amendment made by item 1 of Part 1 of this Schedule.
transition period means the period starting on 1 January 2021 and ending on the day before the commencement of this item.
5 Application--definition of grandfathered student
The relevant amendment applies on and after the commencement of this item in relation to a person who undertakes a unit of study in an ongoing course or an honours course that has a census date on or after 1 January 2021, whether the person enrolled in that unit of study before, on or after the commencement of that item.
6 Application--restructured courses
The amendment made by item 3 of Part 1 of this Schedule applies in relation to restructures that occur on or after 1 January 2021.
7 Full up-front payment made during transition period
(1) This item applies if:
(a) during the transition period, an affected student made one or more up-front payments to a higher education provider in relation to a unit of study; and
(b) the amount of that payment, or the sum of those payments, is equal to 90% of the affected student's old student contribution amount for the unit; and
(c) under section 96-3 of the Higher Education Support Act 2003 , the Commonwealth paid an amount to the higher education provider for the unit in discharge of the affected student's liability to pay their old student contribution amount for the unit.
(2) If the amount paid by the Commonwealth is more than the amount that would have been paid to the higher education provider had the relevant amendment been in force during the transition period, the difference between the 2 amounts may be:
(a) deducted from any amount that is payable, or to be paid, to the higher education provider under the Higher Education Support Act 2003 ; or
(b) recovered by the Commonwealth from the higher education provider as a debt due to the Commonwealth.
(3) If the amount paid by the affected student is more than the amount that could have been paid to the higher education provider had the relevant amendment been in force during the transition period, the higher education provider must pay to the affected student an amount equal to the difference between the 2 amounts.
8 Partial up-front payments made during transition period
(1) This item applies if:
(a) during the transition period, an affected student made one or more up-front payments to a higher education provider in relation to a unit of study; and
(b) the amount of that payment, or the sum of those payments is less than 90% of the affected student's old student contribution amount for the unit; and
(c) the Commonwealth paid the following amounts to the higher education provider in relation to the student and the unit:
(i) an amount under paragraph 96-2(3)(b) of the Higher Education Support Act 2003 ;
(ii) an amount under subsection 96-2(4) of that Act.
(2) If the amount (the old amount ) referred to in subparagraph (1)(c)(i) or (ii) is more than the amount (the new amount ) that would have been paid to the provider had the relevant amendment been in force during the transition period, the difference between the old amount and the new amount may be:
(a) deducted from any amount that is payable, or to be paid, to the higher education provider under the Higher Education Support Act 2003 ; or
(b) recovered by the Commonwealth from the higher education provider as a debt due to the Commonwealth.
(3) If the amount paid by the affected student is more than the amount that could have been paid to the higher education provider had the relevant amendment been in force during the transition period, the higher education provider must pay to the affected student an amount equal to the difference between the 2 amounts.
(4) The higher education provider must, on the Secretary's behalf, re-credit the affected student's HELP balance with an amount (the relevant amount ) that is equal to the difference between the amount referred to in subparagraph (1)(c)(i) that was paid to the provider and the amount that would have been paid under paragraph 96-2(3)(b) of the Higher Education Support Act 2003 , had the relevant amendment been in force during the transition period.
(5) The affected student's HECS-HELP debt in relation to the unit of study is taken to be remitted by an amount equal to the relevant amount for the purposes of the Higher Education Support Act 2003 .
9 No up-front payments made during transition period
(1) This item applies if, during the transition period:
(a) under section 96-1 of the Higher Education Support Act 2003 , the Commonwealth:
(i) as a benefit to an affected student, lent to the student an amount of HECS-HELP assistance for a unit of study with a higher education provider; and
(ii) paid to the provider the amount lent in discharge of the student's liability to pay their student contribution amount for the unit; and
(b) the affected student did not make any up-front payments in relation to the unit.
(2) If the amount paid to the higher education provider is more than the amount that would have been paid in relation to the affected student had the relevant amendment been in force during the transition period, the difference between the 2 amounts may be:
(a) deducted from any amount that is payable, or to be paid, to the higher education provider under the Higher Education Support Act 2003 ; or
(b) recovered by the Commonwealth from the higher education provider as a debt due to the Commonwealth.
(3) The higher education provider must, on the Secretary's behalf, re-credit the affected student's HELP balance with an amount (the relevant amount ) that is equal to the difference between the amount that was paid to the provider and the amount that would have been paid in relation to the affected student, had the relevant amendment been in force during the transition period.
(4) The affected student's HECS-HELP debt in relation to the unit of study is taken to be remitted by an amount equal to the relevant amount for the purposes of the Higher Education Support Act 2003 .
10 Secretary may act if provider is unable to
If a higher education provider is unable to act for one or more of the purposes of subitem 8(4) or 9(3), the Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.
11 Interaction with the Higher Education Support Act 2003
The obligations imposed on a higher education provider under Part 2 of this Schedule are taken, for the purposes of the Higher Education Support Act 2003 , to be conditions of a grant made to the provider under Part 2-2 of that Act.
12 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.
(2) Without limiting subitem (1), rules made under this item before the end of the period of 12 months starting on the day this Schedule commences may provide that provisions of this Schedule, or any other Act or instrument, have effect with any modifications prescribed by the rules. Those provisions then have effect as if they were so modified.
(3) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of an Act.
(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).