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This is a Bill, not an Act. For current law, see the Acts databases.

HIGHER EDUCATION SUPPORT AMENDMENT (NO. 1) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Higher Education Support Amendment
(No. 1) Bill 2011
No. , 2011
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the Higher Education
Support Act 2003, and for related purposes
i Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Higher Education Support Act 2003
3
Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Higher Education
1
Support Act 2003, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Higher Education Support
5
Amendment (No. 1) Act 2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Higher Education Support Act 2003
3
1 Section 16-25
4
Before "The Minister", insert "(1)".
5
2 Paragraph 16-25(aa)
6
Repeal the paragraph, substitute:
7
(aa) subject to subsection (2), the body's principal purpose is, or
8
is taken to be, either or both of the following:
9
(i) to provide education;
10
(ii) to conduct research; and
11
3 At the end of section 16-25
12
Add:
13
; and (g) the Minister is satisfied that:
14
(i) the body; and
15
(ii) each person who makes, or participates in making,
16
decisions that affect the whole, or a substantial part, of
17
the body's affairs;
18
is a fit and proper person.
19
(2) For the purpose of paragraph (1)(aa), the Minister may determine
20
that a body's principal purpose is taken to be either or both of the
21
following:
22
(a) to provide education;
23
(b) to conduct research;
24
if the Minister is satisfied that any of the body's purposes do not
25
conflict with the body's purpose of providing education and/or
26
conducting research.
27
(3) The Minister must, in deciding whether he or she is satisfied that a
28
person is a fit and proper person, take into account the matters
29
specified in an instrument under subsection (4). The Minister may
30
take into account any other matters he or she considers relevant.
31
(4) The Minister must, by legislative instrument, specify matters for
32
the purposes of subsection (3).
33
Schedule 1 Amendments
4 Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011
4 Subsection 16-50(2)
1
Omit "paragraph 16-25(f)", substitute "paragraph 16-25(1)(f)".
2
5 At the end of Subdivision 16-C
3
Add:
4
16-60 Conditions of approval
5
(1) The Minister may impose conditions on a body corporate's
6
approval as a higher education provider. Such conditions need not
7
be imposed at the time notice of approval is given to the provider.
8
(2) The Minister may vary a condition imposed under subsection (1).
9
16-65 Minister to cause higher education provider to be notified of
10
change in condition of approval
11
The Minister must, within 30 days of his or her decision to impose
12
or vary a condition on a higher education provider, cause the
13
provider to be notified, in writing, of:
14
(a) the decision; and
15
(b) the reasons for the decision; and
16
(c) the period for which the condition is imposed.
17
6 Section 22-7
18
Before "The Minister", insert "(1)".
19
7 Paragraphs 22-7(a) and (b)
20
Repeal the paragraphs, substitute:
21
(a) the body's principal purpose is no longer, or is no longer
22
taken to be, either or both of the following:
23
(i) to provide education;
24
(ii) to conduct research; and
25
8 At the end of section 22-7
26
Add:
27
(2) The Minister may also revoke a body's approval as a higher
28
education provider if:
29
Amendments Schedule 1
Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011 5
(a) the Minister is satisfied that any of the body's purposes
1
conflict with the body's principal purpose of providing
2
education and/or conducting research; and
3
(b) the Minister complies with the requirements of section 22-20.
4
9 Subparagraph 22-10(5)(a)(i)
5
Omit "paragraph 16-25(a)", substitute "paragraph 16-25(1)(a)".
6
10 Subparagraph 22-10(5)(a)(ii)
7
Omit "paragraph 16-25(da)", substitute "paragraph 16-25(1)(da)".
8
11 Paragraph 22-15(1)(a)
9
Omit "either".
10
12 Subparagraph 22-15(1)(a)(ii)
11
Omit "; and", substitute "; or".
12
13 At the end of paragraph 22-15(1)(a)
13
Add:
14
(iii) breached a condition imposed on the body's approval;
15
and
16
14 At the end of subsection 22-15(1)
17
Add:
18
Note:
Section 16-60 allows conditions to be imposed on the body's
19
approval.
20
15 At the end of Subdivision 22-B
21
Add:
22
22-17 Revocation of approval as a provider if provider etc. not a fit
23
and proper person
24
(1) The Minister may revoke a body's approval as a higher education
25
provider if the Minister:
26
(a) is satisfied that:
27
(i) the body; or
28
Schedule 1 Amendments
6 Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011
(ii) at least one person who makes, or participates in
1
making, decisions that affect the whole, or a substantial
2
part, of the body's affairs;
3
is not a fit and proper person; and
4
(b) complies with the requirements of section 22-20.
5
(2) The Minister must, in deciding whether he or she is satisfied that a
6
person is not a fit and proper person, take into account the matters
7
specified in an instrument under subsection 16-25(4). The Minister
8
may take into account any other matters he or she considers
9
relevant.
10
Note:
The heading to section 22-20 is altered by omitting "as a provider for loss of status or
11
a breach".
12
16 After subsection 22-30(2)
13
Insert:
14
(2A) Before the Minister makes a determination under subsection (1) in
15
respect of a body, the Minister must give the body notice in
16
writing:
17
(a) stating that the Minister is considering suspending the body's
18
approval; and
19
(b) stating the reasons why the Minister is considering
20
suspending the body's approval; and
21
(c) inviting the body to respond to the Minister, in writing,
22
within 14 days of the date of the notice.
23
(2B) In deciding whether or not to make a determination under
24
subsection (1), the Minister must consider any response received
25
from the body within the 14 day period.
26
17 Subsection 22-30(3)
27
Omit "48 hours", substitute "a reasonable period of time".
28
18 Section 206-1 (before table item 1A)
29
Insert:
30
31
1AA
A decision to impose a
condition on the
approval of a higher
education provider
subsection 16-60(1)
the Minister
Amendments Schedule 1
Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011 7
1AB
A decision to vary a
condition imposed on
the approval of a
higher education
provider
subsection 16-60(2)
the Minister
19 Clause 6 of Schedule 1A
1
Before "The Minister", insert "(1)".
2
20 Paragraph 6(b) of Schedule 1A
3
Repeal the paragraph, substitute:
4
(b) subject to subsection (2), providing education is, or is taken
5
to be, the body's principal purpose; and
6
21 At the end of clause 6 of Schedule 1A
7
Add:
8
; and (h) the Minister is satisfied that:
9
(i) the body; and
10
(ii) each person who makes, or participates in making,
11
decisions that affect the whole, or a substantial part, of
12
the body's affairs;
13
is a fit and proper person.
14
(2) For the purpose of paragraph (1)(b), the Minister may determine
15
that providing education is taken to be a body's principal purpose
16
if the Minister is satisfied that any of the body's purposes do not
17
conflict with the body's purpose of providing education.
18
(3) The Minister must, in deciding whether he or she is satisfied that a
19
person is a fit and proper person, take into account the matters
20
specified in an instrument under subclause (4). The Minister may
21
take into account any other matters he or she considers relevant.
22
(4) The Minister must, by legislative instrument, specify matters for
23
the purposes of subclause (3).
24
22 Subclauses 11(2) and (2A) of Schedule 1A
25
Omit "paragraph 6(f)", substitute "paragraph 6(1)(f)".
26
23 At the end of Subdivision 3-B of Schedule 1A
27
Add:
28
Schedule 1 Amendments
8 Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011
12A Conditions of approval
1
(1) The Minister may impose conditions on a body corporate's
2
approval as a
*
VET provider. Such conditions need not be imposed
3
at the time notice of approval is given to the provider.
4
(2) The Minister may vary a condition imposed under subsection (1).
5
12B Minister to cause VET provider to be notified of change in
6
condition of approval
7
The Minister must, within 30 days of his or her decision to impose
8
or vary a condition on a
*
VET provider, cause the provider to be
9
notified, in writing, of:
10
(a) the decision; and
11
(b) the reasons for the decision; and
12
(c) the period for which the condition is imposed.
13
24 Paragraph 30A(a) of Schedule 1A
14
Omit "paragraph 6(a)", substitute "paragraph 6(1)(a)".
15
25 Paragraph 31(a) of Schedule 1A
16
Repeal the paragraph, substitute:
17
(a)
either:
18
(i) providing education is no longer, or is no longer taken
19
to be, the body's principal purpose; or
20
(ii) the Minister is satisfied that any of the body's purposes
21
conflict with the body's principal purpose of providing
22
education; and
23
26 Paragraph 33(1)(a) of Schedule 1A
24
Repeal the paragraph, substitute:
25
(a) is satisfied that the body has either:
26
(i)
breached
a
*
VET quality and accountability
27
requirement; or
28
(ii) breached a condition imposed on the body's approval;
29
and
30
Note:
The heading to clause 33 of Schedule 1A is altered by adding at the end "or of
31
conditions".
32
Amendments Schedule 1
Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011 9
27 At the end of subclause 33(1) of Schedule 1A
1
Add:
2
Note:
Clause 12A allows conditions to be imposed on the body's approval.
3
28 At the end of Subdivision 5-B of Schedule 1A
4
Add:
5
33A Revocation of approval as a provider if provider etc. not a fit
6
and proper person
7
(1) The Minister may revoke a body's approval as a
*
VET provider if
8
the Minister:
9
(a) is satisfied that:
10
(i) the body; or
11
(ii) at least one person who makes, or participates in
12
making, decisions that affect the whole, or a substantial
13
part, of the body's affairs;
14
is not a fit and proper person; and
15
(b) complies with the requirements of clause 34.
16
(2) The Minister must, in deciding whether he or she is satisfied that a
17
person is not a fit and proper person, take into account the matters
18
specified in an instrument under subclause 6(4). The Minister may
19
take into account any other matters he or she considers relevant.
20
Note:
The heading to clause 34 of Schedule 1A is altered by omitting "as a provider for loss
21
of status or a breach".
22
29 After subclause 36(2) of Schedule 1A
23
Insert:
24
(2A) Before making a determination under subclause (1) in respect of a
25
body, the Minister must give the body notice in writing:
26
(a) stating that the Minister is considering suspending the body's
27
approval; and
28
(b) stating the reasons why the Minister is considering
29
suspending the body's approval; and
30
(c) inviting the body to respond to the Minister, in writing,
31
within 14 days of the date of the notice.
32
Schedule 1 Amendments
10 Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011
(2B) In deciding whether or not to make a determination under
1
subclause (1), the Minister must consider any response received
2
from the body within the 14 day period.
3
30 Subclause 36(3) of Schedule 1A
4
Omit "48 hours", substitute "a reasonable period of time".
5
31 Clause 91 of Schedule 1A (before table item 1)
6
Insert:
7
8
1A
A decision to impose a
condition on the
approval of a
*
VET
provider
subclause 12A(1)
the Minister
1B
A decision to vary a
condition imposed on
the approval of a
*
VET
provider
subclause 12A(2)
the Minister
32 Application
9
(1)
Paragraphs 16-25(1)(aa) and (g) and subsections 16-25(2), (3) and (4)
10
of the Higher Education Support Act 2003 (as inserted by this Act)
11
apply in relation to an application for approval made on or after this
12
item commences.
13
(2)
The amendments made by items 5, 11, 12, 13 and 14 apply in relation to
14
a body approved as a higher education provider before, on or after this
15
item commences.
16
(3)
The amendments made by items 7, 8, 15, 25 and 28 apply in relation to
17
an approval given before, on or after this item commences.
18
(4)
The amendments made by items 16 and 17 apply in relation to a notice
19
given under subsection 22-30(2A) of the Higher Education Support Act
20
2003 (as inserted by this Act) after this item commences.
21
(5)
Paragraph 6(1)(b) and subclause 6(2) of Schedule 1A to the Higher
22
Education Support Act 2003 (as inserted by this Act) apply in relation to
23
an application for approval made before, on or after this item
24
commences.
25
Amendments Schedule 1
Higher Education Support Amendment (No. 1) Bill 2011 No. , 2011 11
(6)
Paragraph 6(1)(h) and subclauses 6(3) and (4) of Schedule 1A to the
1
Higher Education Support Act 2003 (as inserted by this Act) apply in
2
relation to an application for approval made on or after this item
3
commences.
4
(7)
The amendments made by items 23, 26 and 27 apply in relation to a
5
body approved as a VET provider before, on or after this item
6
commences.
7
(8)
The amendments made by items 29 and 30 apply in relation to a notice
8
given under subclause 36(2A) of Schedule 1A to the Higher Education
9
Support Act 2003 (as inserted by this Act) after this item commences.
10

 

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