HIGHER EDUCATION SUPPORT AMENDMENT (ASIAN CENTURY) BILL 2013

i Higher Education Support Amendment (Asian Century) Bill 2013 No. , 2013

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedule(s) ........................................................................................ 2

Schedule 1--OS-HELP assistance for study in Asia

Part 1--Amendments

Higher Education Support Act 2003

Part 2--Application of amendments

Higher Education Support Amendment (Asian Century) Bill 2013 No. , 2013 1

A Bill for an Act to amend the Higher Education

Support Act 2003, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Higher Education Support

Amendment (Asian Century) Act 2013.

2 Commencement

(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.

2 Higher Education Support Amendment (Asian Century) Bill 2013 No. , 2013

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

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

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repealed as set out in the applicable items in the Schedule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.

OS-HELP assistance for study in Asia Schedule 1

Amendments Part 1

Higher Education Support Amendment (Asian Century) Bill 2013 No. , 2013 3

Schedule 1

OS-HELP assistance for study in

Asia

Part 1

Amendments

Higher Education Support Act 2003

1 Section 65-1

Omit "at an overseas higher education institution", substitute

"overseas".

2 Section 115-1

Omit "periods of study with overseas higher education institutions",

substitute "periods during which they are undertaking study overseas".

3 Paragraph 118-1(1)(b)

Omit "on more than one other occasion", substitute "in relation to more

than one other period of 6 months".

4 Paragraph 118-1(1)(c)

Omit "an

undergraduate course of study", substitute "a

course of

study".

5 Paragraph 118-1(1)(ca)

Omit "undergraduate".

6 Paragraph 118-1(1)(f)

Omit "0.5 EFTSL", substitute "0.125 EFTSL".

7 After section 118-1

Insert:

118-2 Entitlement to supplementary amount for Asian language

study

(1) A student is entitled to a

supplementary amount for Asian

language study in relation to a period of 6 months if:

Schedule 1 OS-HELP assistance for study in Asia

Part 1 Amendments

4 Higher Education Support Amendment (Asian Century) Bill 2013 No. , 2013

(a) the student is entitled to

OS-HELP assistance in relation to

that period; and

(b) the OS-HELP assistance is for overseas study in Asia; and

in preparation for undertaking that overseas study; and

(d) the student has applied to the home provider for receipt of a

supplementary amount for Asian language study in relation

to the period; and

(e) the home provider has selected the student for receipt of a

supplementary amount for Asian language study in relation

to the period (see section 118-15).

Note:

If a student is entitled to a supplementary amount for Asian language

study, the amount of OS-HELP assistance to which the student is

entitled may include an amount for that language study in addition to

the amount the student may receive for overseas study: see

section 121-1.

(2) However, the student is not entitled to a

supplementary amount

for Asian language study in relation to that period if the student

applies to the home provider for the assistance after the student has

completed the intensive study in an Asian language in relation to

the period.

(3) For the purposes of subsection (1), the OS-HELP Guidelines may

specify circumstances in which a student undertakes intensive

study in an Asian language in preparation for undertaking overseas

study in Asia.

8 Subparagraph 118-10(a)(i)

Repeal the subparagraph, substitute:

(i) is undertaking full-time study; and

9 At the end of section 118-10

Add:

Note:

For paragraph (a), the study need not be at a higher education

provider's overseas campus or with an overseas higher education

institution.

10 Section 118-15 (at the end of the heading)

Add "and supplementary amounts for Asian language study".

11 Subsection 118-15(1)

OS-HELP assistance for study in Asia Schedule 1

Amendments Part 1

Higher Education Support Amendment (Asian Century) Bill 2013 No. , 2013 5

After "

OS-HELP assistance", insert "or

supplementary amounts for

Asian language study".

12 Subsection 118-15(3)

After "

OS-HELP assistance", insert "or a

supplementary amount for

Asian language study".

13 Paragraph 118-15(4)(a)

After "

OS-HELP assistance", insert "or

supplementary amounts for

Asian language study".

14 Section 121-1

Repeal the section, substitute:

121-1 The amount of OS-HELP assistance for a period

(1) The amount of

OS-HELP assistance to which a student is entitled

for a period of 6 months is the sum of the following amounts

determined by the higher education provider to which the student

applied for selection for receipt of the assistance:

(a) the amount determined by the provider for the overseas study

(see subsections (2) and (3));

(b) if the student is entitled to a

supplementary amount for

Asian language study--the supplementary amount

determined by the provider for that language study (see

subsections (4) and (5)).

Determining amounts for overseas study

(2) The amount determined for overseas study must not exceed:

(a) the amount specified in the application; or

(b) the

maximum OS-HELP (overseas study) amount for a

period of 6 months.

(3) The amount determined for overseas study must not be less than

the higher education provider's

minimum OS-HELP (overseas

study) amount, if the provider has a minimum OS-HELP (overseas

study) amount.

Schedule 1 OS-HELP assistance for study in Asia

Part 1 Amendments

6 Higher Education Support Amendment (Asian Century) Bill 2013 No. , 2013

Determining supplementary amounts for Asian language study

(4) The supplementary amount determined for Asian language study

must not exceed:

(a) the amount specified in the application; or

(b) the

maximum OS-HELP (Asian language study) amount for

a period of 6 months.

(5) The supplementary amount determined for Asian language study

must not be less than the higher education provider's

minimum

OS-HELP (Asian language study) amount, if the provider has a

minimum OS-HELP (Asian language study) amount.

15 Section 121-5

Repeal the section, substitute:

121-5 Maximum OS-HELP (overseas study) amount

(1) The maximum OS-HELP (overseas study) amount, for a period of

6 months, is:

(a) if the

OS-HELP assistance is for overseas study undertaken

in Asia--$7,500; or

(b) in any other case--$6,250.

Note:

The maximum OS-HELP (overseas study) amount is indexed under

Part 5-6.

(2) For the purposes of subsection (1), the OS-HELP Guidelines may

specify whether overseas study undertaken at a particular place is

undertaken in Asia.

16 Section 121-10 (heading)

Omit "OS-HELP amounts", substitute "OS-HELP (overseas study)

amount".

17 Subsection 121-10(1)

After "OS-HELP", insert "(overseas study)".

18 At the end of Division 121

Add:

OS-HELP assistance for study in Asia Schedule 1

Amendments Part 1

Higher Education Support Amendment (Asian Century) Bill 2013 No. , 2013 7

121-15 Maximum OS-HELP (Asian language study) amount

The maximum OS-HELP (Asian language study) amount, for a

period of 6 months, is $1,000.

Note:

The maximum OS-HELP (Asian language study) amount is indexed

under Part 5-6.

121-20 Minimum OS-HELP (Asian language study) amount

(1) A higher education provider may determine, in writing, its

minimum OS-HELP (Asian language study) amount.

(2) The determination has effect until:

(a) it is replaced by a later determination; or

(b) it is revoked.

19 After subsection 124-1(2)

Insert:

(2A) The OS-HELP Guidelines may provide that a student who is

entitled to a

supplementary amount for Asian language study may

be paid:

(a) an amount for that language study; and

(b) an amount for the overseas study;

at different times determined in accordance with those guidelines.

(2B) If a student is paid amounts at different times as mentioned in

subsection (2A), each amount is taken to be a separate loan for the

purposes of section 137-15 (OS-HELP debts).

20 At the end of subsection 137-15(1)

Add:

Note:

For a student who is entitled to a supplementary amount for Asian

language study, see subsections 124-1(2A) and (2B).

21 Subsection 140-5(1) (method statement, step 2,

paragraph (e))

Omit "an

undergraduate course of study", substitute "a

course of

study".

Schedule 1 OS-HELP assistance for study in Asia

Part 1 Amendments

8 Higher Education Support Amendment (Asian Century) Bill 2013 No. , 2013

22 Subsection 140-25(1A) (method statement, step 1,

paragraph (e))

Omit "an

undergraduate course of study", substitute "a

course of

study".

23 Subsection 198-5(1) (table item 5)

Repeal the item, substitute:

Maximum OS-HELP (overseas study)

amounts

Section 121-5

The

maximum OS-HELP (Asian language

study) amount

Section 121-15

24 Subclause 1(1) of Schedule 1 (definition of maximum

OS-HELP amount)

Repeal the definition.

25 Subclause 1(1) of Schedule 1

Insert:

maximum OS-HELP (Asian language study) amount has the

meaning given by section 121-15.

maximum OS-HELP (overseas study) amount has the meaning

given by section 121-5.

26 Subclause 1(1) of Schedule 1 (definition of minimum

OS-HELP amount)

Repeal the definition.

27 Subclause 1(1) of Schedule 1

Insert:

minimum OS-HELP (Asian language study) amount, in relation

to a higher education provider, means an amount determined by the

provider under section 121-20.

minimum OS-HELP (overseas study) amount, in relation to a

higher education provider, means an amount determined by the

provider under section 121-10.

28 Subclause 1(1) of Schedule 1

Schedule 1 OS-HELP assistance for study in Asia

Part 2 Application of amendments

10 Higher Education Support Amendment (Asian Century) Bill 2013 No. , 2013

Part 2

Application of amendments

29 Application of amendments relating to OS-HELP

assistance

(1)

Part 3-4 of the Higher Education Support Act 2003, as amended by this

Schedule, applies in relation to OS-HELP assistance paid to a student if:

(a) the assistance is paid on or after 1 January 2014; and

(b) the student is selected, on or after 1 January 2014, by the

home provider for receipt of OS-HELP assistance, or a

supplementary amount for Asian language study, in relation

to a period of 6 months; and

the assistance relates is completed on or after 1 January 2014;

and

(d) in the case of a supplementary amount for Asian language

study--the intensive study in an Asian language to which the

supplementary amount relates is completed on or after

1 January 2014.

(2)

To avoid doubt, subitem (1) applies even if:

(a) the student applied for OS-HELP assistance before 1 January

2014; or

(b) the period of 6 months to which the assistance relates started

before 1 January 2014; or

the assistance relates, or the intensive study in an Asian

language, before 1 January 2014.

30 Indexation of amounts in 2014

(1)

Despite section 198-10 of the Higher Education Support Act 2003, the

amounts set out in items 5 and 6 of the table in subsection 198-5(1) of

that Act, as in force on and after the commencement of this item, are not

to be indexed on 1 January 2014 in accordance with Part 5-6 of that

Act.

(2)

Despite Part 5-6 of the Higher Education Support Act 2003, the

maximum OS-HELP amount for a period of 6 months under

section 121-5 of that Act, as in force immediately before the

commencement of this item, is taken to be $6,250 for a student who:

Commonwealth of Australia Bills

HIGHER EDUCATION SUPPORT AMENDMENT (ASIAN CENTURY) BILL 2013