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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Support Legislation
Amendment (A More Sustainable,
Responsive and Transparent Higher
Education System) Bill 2017
No. , 2017
(Education and Training)
A Bill for an Act to amend the laws relating to
higher education and vocational education and
training, and for related purposes
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Costs of higher education
4
Part 1--Amendments
4
Higher Education Support Act 2003
4
Part 2--Application and transitional provisions
9
Schedule 2--Commonwealth Grant Scheme
12
Part 1--Enabling and sub-bachelor courses and work
experience in industry
12
Higher Education Support Act 2003
12
Part 2--Amendments generally applying from 1 January 2019
15
Higher Education Support Act 2003
15
Income Tax Assessment Act 1997
26
Part 3--Application and transitional provisions
28
Schedule 3--Higher Education Loan Program
31
Part 1--Amendments
31
Higher Education Support Act 2003
31
VET Student Loans Act 2016
39
Part 2--Amendments commencing 1 July 2018
40
Higher Education Support Act 2003
40
Part 3--Application and transitional provisions
46
Schedule 4--Other grants
47
Part 1--Amendments
47
Higher Education Support Act 2003
47
Part 2--Application and transitional provisions
54
ii
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Schedule 5--Minor and technical amendments
55
Part 1--Amendments
55
Higher Education Support Act 2003
55
Part 2--Application and transitional provisions
56
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
1
A Bill for an Act to amend the laws relating to
1
higher education and vocational education and
2
training, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Higher Education Support Legislation Amendment
6
(A More Sustainable, Responsive and Transparent Higher
7
Education System) Act 2017.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
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.
3. Schedule 2,
Part 1
The day after this Act receives the Royal
Assent.
4. Schedule 2,
Part 2
A day or days to be fixed by Proclamation.
However, if any of the provisions do not
commence within the period of 12 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
5. Schedule 2,
Part 3
The day after this Act receives the Royal
Assent.
6. Schedule 3,
Part 1
The day after this Act receives the Royal
Assent.
7. Schedule 3,
Part 2
Immediately after the commencement of
Schedule 1 to the Budget Savings (Omnibus)
Act 2016.
1 July 2018
8. Schedule 3,
Part 3
The day after this Act receives the Royal
Assent.
9. Schedule 4
1 January 2018.
1 January 2018
10. Schedule 5
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
3
(2) Any information in column 3 of the table is not part of this Act.
1
Information may be inserted in this column, or information in it
2
may be edited, in any published version of this Act.
3
3 Schedules
4
Legislation that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Schedule 1 Costs of higher education
Part 1 Amendments
4
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Schedule 1--Costs of higher education
1
Part 1--Amendments
2
Higher Education Support Act 2003
3
1 Paragraph 30-25(3)(c)
4
Omit "medical student loading", substitute "medical, dental and
5
veterinary science loading".
6
2 Subparagraph 33-1(1)(b)(ii)
7
Omit "medical student loading", substitute "medical, dental and
8
veterinary science loading".
9
3 Section 33-10
10
Repeal the section, substitute:
11
33-10 Commonwealth contribution amounts
12
The Commonwealth contribution amount, for a place in a
13
*
funding cluster for 2021 and later years, is:
14
15
Commonwealth contribution amount
Item
Funding cluster
Commonwealth
contribution amount
1
Law, Accounting, Administration,
Economics, Commerce
$959
2
Humanities
$5,074
3
Mathematics, Statistics,
Behavioural Science, Social
Studies, Computing, Built
Environment, Other Health
$9,343
4
Education
$9,896
5
Clinical Psychology, Allied
Health, Foreign Languages,
Visual and Performing Arts
$11,752
Costs of higher education Schedule 1
Amendments Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
5
Commonwealth contribution amount
Item
Funding cluster
Commonwealth
contribution amount
6
Nursing
$13,269
7
Engineering, Science, Surveying
$16,795
8
Dentistry, Medicine, Veterinary
Science, Agriculture
$21,452
Note 1:
The Commonwealth contribution amount for 2018, 2019 and 2020 is
1
in item 12 of Schedule 1 to the Higher Education Support Legislation
2
Amendment (A More Sustainable, Responsive and Transparent Higher
3
Education System) Act 2017.
4
Note 2:
The Commonwealth contribution amount that is actually payable in
5
2021 and later years is the amount specified in the table as indexed
6
under Part 5-6.
7
4 Subsection 93-10(1)
8
Repeal the subsection, substitute:
9
Maximum student contribution amount for places (except places in
10
enabling courses) for 2018
11
(1) The maximum student contribution amount for a place in a unit
12
of study (except a unit of study that is part of an
*
enabling course)
13
for 2018 is the amount specified in the following table in relation
14
to the
*
funding cluster in which the unit is included.
15
16
Maximum student contribution amounts for places (except places in enabling
courses) for 2018
Item
Column 1
For a place in a unit in this
funding cluster:
Column 2
The maximum student
contribution is:
1
Law, Accounting, Administration,
Economics, Commerce
$10,951.
2
Humanities
$6,561.
Schedule 1 Costs of higher education
Part 1 Amendments
6
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Maximum student contribution amounts for places (except places in enabling
courses) for 2018
Item
Column 1
For a place in a unit in this
funding cluster:
Column 2
The maximum student
contribution is:
3
Mathematics, Statistics, Behavioural
Science, Social Studies, Computing,
Built Environment, Other Health
(a) for a place in a unit in
Mathematics, Statistics,
Computing, Built Environment
or Other Health--$9,353; or
(b) for a place in a unit in
Behavioural Science or Social
Studies--$6,561.
4
Education
$6,561.
5
Clinical Psychology, Allied Health,
Foreign Languages, Visual and
Performing Arts
(a) for a place in a unit in Clinical
Psychology, Foreign Languages
or Visual and Performing Arts--
$6,561; or
(b) for a place in a unit in Allied
Health--$9,353.
6
Nursing
$6,561.
7
Engineering, Science, Surveying
$9,353.
8
Dentistry, Medicine, Veterinary
Science, Agriculture
(a) for a place in a unit in Dentistry,
Medicine or Veterinary
Science--$10,951; or
(b) for a place in a unit in
Agriculture--$9,353.
Note:
Commonwealth Grant Scheme Guidelines made for the purposes of
1
section 33-35 and this section deal with the funding clusters in which
2
particular units of study are included and whether particular units are
3
units in a particular part of a funding cluster.
4
5 At the end of section 93-10
5
Add:
6
Maximum student contribution amount for places in enabling
7
courses for 2018
8
(3) The maximum student contribution amount for a place in a unit
9
of study that is part of an
*
enabling course for 2018 is $3,271.
10
Costs of higher education Schedule 1
Amendments Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
7
Maximum student contribution amount for a place for 2019 and
1
later years
2
(4) The maximum student contribution amount for a place in a unit
3
of study (except a unit of study that is part of an
*
enabling course)
4
for 2019, 2020 and 2021 is worked out using the following
5
formula:
6
The *relevant maximum student contribution amount
for a place in the unit for the previous year
1.01824
as indexed under Part 5-6
7
(5) The maximum student contribution amount for a place in a unit
8
of study:
9
(a) except if paragraph (b) applies--for 2022 and later years; or
10
(b) if the unit of study is part of an
*
enabling course--for 2019
11
and later years;
12
is the
*
relevant maximum student contribution amount for a place
13
in the unit for the previous year as indexed under Part 5-6.
14
(6) The relevant maximum student contribution amount for a place
15
in a unit of study for a year is:
16
(a) except if paragraph (b) applies--the
*
maximum student
17
contribution amount for a place for the year in relation to the
18
*
funding cluster in which the unit is included; or
19
(b) if the unit of study is part of an
*
enabling course--the
20
maximum student contribution amount for a place for the
21
year for units of study that are part of enabling courses.
22
6 Subsection 198-5(1) (table item 3)
23
Repeal the item, substitute:
24
25
3
*
Relevant maximum student contribution
amounts for places
Subsections 93-10(4) and
(5)
7 Subsection 198-5(2)
26
Omit "the section", substitute "the provision".
27
Schedule 1 Costs of higher education
Part 1 Amendments
8
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
8 Subclause 1(1) of Schedule 1 (definition of Commonwealth
1
contribution amount)
2
Repeal the definition, substitute:
3
Commonwealth contribution amount means:
4
(a) for 2018, 2019 and 2020--the amount specified in the table
5
in subitem 12(2) of Schedule 1 to the Higher Education
6
Support Legislation Amendment (A More Sustainable,
7
Responsive and Transparent Higher Education System) Act
8
2017; or
9
(b) for 2021 and later years--an amount specified in
10
section 33-10.
11
9 Subclause 1(1) of Schedule 1 (definition of maximum
12
student contribution amount for a place)
13
Omit "subsection 93-10(1)", substitute "section 93-10".
14
10 Subclause 1(1) of Schedule 1
15
Insert:
16
relevant maximum student contribution amount for a place has
17
the meaning given by subsection 93-10(6).
18
Costs of higher education Schedule 1
Application and transitional provisions Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
9
Part 2--Application and transitional provisions
1
11 Medical, dental and veterinary science loading
2
The amendments of sections 30-25 and 33-1 of the Higher Education
3
Support Act 2003 made by Part 1 of this Schedule apply in relation to
4
the following:
5
(a) grants payable in respect of 2018 and later years;
6
(b) funding agreements made in relation to 2018 and later years.
7
12 Commonwealth contribution amounts
8
(1)
The amendments of section 33-10 of the Higher Education Support Act
9
2003 made by this Schedule apply in relation to any unit of study with a
10
census date that is on or after 1 January 2021 (whether the unit of study
11
is part of a course commenced before or after that day).
12
(2)
The Commonwealth contribution amount, for a place in a funding
13
cluster for 2018, 2019 and 2020, is:
14
15
Commonwealth contribution amount
Item
Funding cluster
Commonwealth
contribution amount
1
Law, Accounting, Administration,
Economics, Commerce
(a) for 2018--$1,741; or
(b) for 2019--$1,365; or
(c) for 2020--$1,164
2
Humanities
(a) for 2018--$5,604; or
(b) for 2019--$5,316; or
(c) for 2020--$5,196
3
Mathematics, Statistics,
Behavioural Science, Social
Studies, Computing, Built
Environment, Other Health
(a) for 2018--$10,030; or
(b) for 2019--$9,635; or
(c) for 2020--$9,490
4
Education
(a) for 2018--$10,492; or
(b) for 2019--$10,136; or
(c) for 2020--$10,017
Schedule 1 Costs of higher education
Part 2 Application and transitional provisions
10
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Commonwealth contribution amount
Item
Funding cluster
Commonwealth
contribution amount
5
Clinical Psychology, Allied
Health, Foreign Languages,
Visual and Performing Arts
(a) for 2018--$12,418; or
(b) for 2019--$12,015; or
(c) for 2020--$11,885
6
Nursing
(a) for 2018--$13,911; or
(b) for 2019--$13,508; or
(c) for 2020--$13,390
7
Engineering, Science, Surveying
(a) for 2018--$17,682; or
(b) for 2019--$17,136; or
(c) for 2020--$16,966
8
Dentistry, Medicine, Veterinary
Science, Agriculture
(a) for 2018--$22,486; or
(b) for 2019--$21,835; or
(c) for 2020--$21,645
(3)
A Commonwealth contribution amount under this item, for a place in a
1
funding cluster for 2019 and 2020, is indexed under Part 5-6 of the
2
Higher Education Support Act 2003 as if that Commonwealth
3
contribution amount were an amount referred to in the table in
4
section 198-5 of that Act.
5
Note 1: The amounts specified for 2018 in the table in subitem (2) are not indexed.
6
Note 2: The amount specified for 2020 is indexed under Part 5-6 of the Higher Education
7
Support Act 2003 in 2019 and 2020.
8
(4)
Despite section 198-5 of the Higher Education Support Act 2003,
9
Part 5-6 of that Act does not apply in relation to section 33-10 of that
10
Act (as inserted by this Schedule) for the 2018 calendar year.
11
Note:
The amounts specified in the table in section 33-10 are indexed in 2019 and later
12
calendar years.
13
13 Maximum student contribution amounts for places
14
(1)
The amendments of section 93-10 of the Higher Education Support Act
15
2003 made by this Schedule apply in relation to any unit of study with a
16
census date that is on or after 1 January 2018 (whether the unit of study
17
is part of a course commenced before or after that day).
18
Costs of higher education Schedule 1
Application and transitional provisions Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
11
(2)
The amendments of section 93-10 of the Higher Education Support Act
1
2003 made by this Schedule apply despite item 3 of Schedule 5 to the
2
Higher Education Support Amendment (2009 Budget Measures) Act
3
2009.
4
14 Indexation
5
The amendments of section 198-5 of the Higher Education Support Act
6
2003 made by this Schedule apply in relation to the 2019 calendar year
7
and later calendar years.
8
Schedule 2 Commonwealth Grant Scheme
Part 1 Enabling and sub-bachelor courses and work experience in industry
12
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Schedule 2--Commonwealth Grant Scheme
1
Part 1--Enabling and sub-bachelor courses and
2
work experience in industry
3
Higher Education Support Act 2003
4
1 Paragraphs 30-25(3)(ca) and (da)
5
Repeal the paragraphs.
6
2 Subparagraph 33-1(1)(b)(iii)
7
Repeal the subparagraph.
8
3 Subsection 33-30(1) (method statement, step 1)
9
Omit "a unit of study that wholly consists of
*
work experience in
10
industry", substitute "any unit that is an
*
ineligible work experience unit
11
for a student".
12
4 After subsection 36-10(4)
13
Insert:
14
Persons enrolled in approved sub-bachelor courses who have
15
previously obtained certain higher education awards
16
(4A) A higher education provider must not advise a person that he or she
17
is a
*
Commonwealth supported student in relation to a unit of study
18
that is part of an
*
approved sub-bachelor course if the person has
19
previously obtained a
*
higher education award (except if the award
20
was obtained by completing an
*
enabling course).
21
5 Before subsection 36-15(1A)
22
Insert:
23
Overseas courses
24
6 After subsection 36-15(1A)
25
Insert:
26
Commonwealth Grant Scheme Schedule 2
Enabling and sub-bachelor courses and work experience in industry Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
13
Sub-bachelor courses
1
(1B) A higher education provider must not advise a person that the
2
person is a
*
Commonwealth supported student in relation to a unit
3
of study that is part of a
*
sub-bachelor course unless the course is
4
an
*
approved sub-bachelor course.
5
Note:
Generally, a person must not have previously obtained a higher
6
education award (see subsection 36-10(4A)).
7
Other courses
8
7 Subsection 93-5(3)
9
Repeal the subsection.
10
8 Paragraph 238-10(1)(a)
11
Omit "Chapter, Part or section", substitute "provision (or a definition in
12
Schedule 1 required for the purposes of the provision)".
13
9 Paragraph 238-10(1)(b)
14
Omit "Chapter, Part or section", substitute "provision".
15
10 Subsection 238-10(1) (table, heading to column headed
16
"Chapter/Part/section")
17
Repeal the heading, substitute:
18
Provision
19
11 Subsection 238-10(1) (table item 1)
20
After "section 19-37;", insert "section 33-30;".
21
12 Subclause 1(1) of Schedule 1
22
Insert:
23
approved sub-bachelor course means a
*
sub-bachelor course that:
24
(a) meets the requirements specified in the Commonwealth
25
Grant Scheme Guidelines for the purposes of this paragraph;
26
and
27
(b) is determined by the Minister, by legislative instrument, for
28
the purposes of this paragraph.
29
Schedule 2 Commonwealth Grant Scheme
Part 1 Enabling and sub-bachelor courses and work experience in industry
14
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
13 Subclause 1(1) of Schedule 1 (definition of enabling
1
course)
2
Repeal the definition, substitute:
3
enabling course means a course of instruction that:
4
(a) is intended only to develop skills and knowledge needed to
5
gain entry into, or succeed in, a student's first
*
undergraduate
6
course of study; and
7
(b) is not a secondary school qualification; and
8
(c) has not been determined by the Minister, by legislative
9
instrument, as not being an enabling course for the purposes
10
of this paragraph.
11
14 Subclause 1(1) of Schedule 1
12
Insert:
13
ineligible work experience unit for a student means a unit of study
14
that the student is enrolled in that meets the following conditions:
15
(a) the unit wholly consists of
*
work experience in industry;
16
(b) either:
17
(i) the student is exempt from paying his or her
*
student
18
contribution amount in relation to the unit; or
19
(ii) the unit does not meet the requirements specified by the
20
Administration Guidelines for the purposes of this
21
subparagraph.
22
sub-bachelor course means a
*
course of study (except a
*
VET
23
course of study) that leads to an award of diploma, advanced
24
diploma or associate degree.
25
Commonwealth Grant Scheme Schedule 2
Amendments generally applying from 1 January 2019 Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
15
Part 2--Amendments generally applying from
1
1 January 2019
2
Higher Education Support Act 2003
3
15 Subsection 5-1(2) (after table item 3)
4
Insert:
5
6
3A
Part 2-2 (Commonwealth
Grant Scheme)
Applies to the
*
Australian branch of the
provider and to students undertaking or
proposing to undertake units of study at that
branch.
3B
Part 3-2 (HECS-HELP
assistance)
Applies to the
*
Australian branch of the
provider and to students undertaking or
proposing to undertake units of study at that
branch.
16 Paragraphs 5-1(4)(a) and (e)
7
Repeal the paragraphs.
8
17 At the end of section 19-35
9
Add:
10
(6) Without limiting this section, a higher education provider must not
11
take into account the fact that a person has been allocated a
12
*
scholarship place in relation to a
*
course of study in making
13
decisions about the selection, from among the persons who seek to
14
enrol with the provider in the course, of persons to enrol.
15
18 Section 27-1 (note)
16
Repeal the note.
17
19 Section 30-1
18
Repeal the section, substitute:
19
Schedule 2 Commonwealth Grant Scheme
Part 2 Amendments generally applying from 1 January 2019
16
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
30-1 Eligibility for grants
1
(1) A grant under this Part is payable, as a benefit to students, to a
2
higher education provider, in respect of a year, if the provider has
3
entered into a funding agreement with the Commonwealth under
4
section 30-25 in respect of a period that is or includes that year.
5
(2) However, a grant that is payable to a higher education provider that
6
is not a
*
Table A provider is payable only to the extent that the
7
grant relates only to one or more of the following:
8
(a)
*
national priorities;
9
(b)
*
enabling courses;
10
(c)
*
non-medical non-research postgraduate courses.
11
20 Paragraph 30-10(1)(b)
12
Repeal the paragraph, substitute:
13
(b) any other higher education provider.
14
21 Subsection 30-10(2)
15
Repeal the subsection, substitute:
16
Allocation requirements
17
(2) The allocation must, for each
*
funding cluster, specify the
18
distribution of those places between:
19
(a)
*
courses of study in medicine; and
20
(b)
*
enabling courses; and
21
(c) courses of study specified by the Minister under
22
subsection 30-12(2); and
23
(d) if the provider is not a
*
Table A provider:
24
(i)
*
non-medical bachelor courses; and
25
(ii)
*
approved sub-bachelor courses.
26
22 After subsection 30-10(4)
27
Insert:
28
Commonwealth Grant Scheme Schedule 2
Amendments generally applying from 1 January 2019 Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
17
(4A) However, subsection (4) does not apply to the extent that the
1
allocation is in respect of
*
enabling courses or
*
non-medical
2
non-research postgraduate courses.
3
Allocation not legislative instrument
4
23 Paragraph 30-12(1)(a)
5
Repeal the paragraph.
6
24 After paragraph 30-12(1)(b)
7
Insert:
8
(ba)
*
enabling courses;
9
25 Subsection 30-25(1)
10
Omit "each year in a period of 3 years (the grant years)", substitute
11
"one or more years (the grant years) if the Minister has allocated, or
12
intends to allocate, Commonwealth supported places to the provider".
13
26 After subsection 30-25(1)
14
Insert:
15
(1AA) The Minister may, on behalf of the Commonwealth, enter into a
16
funding agreement with a higher education provider relating to
17
grants under this Part in respect of one or more years (the grant
18
years) if:
19
(a) one or more
*
Commonwealth supported students are enrolled
20
with the higher education provider under subsection 36-30(6)
21
(scholarship places) in relation to a unit of study; and
22
(b) the Minister has not allocated, and does not intend to
23
allocate, Commonwealth supported places to the provider.
24
27 Subsection 30-25(1A)
25
Omit "the agreement", substitute "an agreement under subsection (1) or
26
(1AA)".
27
28 Subparagraph 30-25(3)(a)(ii)
28
Repeal the subparagraph.
29
Schedule 2 Commonwealth Grant Scheme
Part 2 Amendments generally applying from 1 January 2019
18
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
29 Section 30-27
1
Repeal the section, substitute:
2
30-27 Funding agreement may specify maximum unadjusted grant
3
amounts
4
(1) A funding agreement may specify a maximum unadjusted grant
5
amount payable to a higher education provider for a grant year for:
6
(a)
*
courses of study in medicine; and
7
(b)
*
enabling courses; and
8
(c) courses of study specified by the Minister under
9
subsection 30-12(2); and
10
(d) for a
*
Table A provider--
*
non-designated courses of study
11
(except
*
non-medical non-research postgraduate courses);
12
and
13
(e) for a provider that is not a Table A provider:
14
(i)
*
non-medical bachelor courses; and
15
(ii)
*
approved sub-bachelor courses.
16
Maximum unadjusted grant amounts generally
17
(2) The
*
maximum unadjusted grant amount for a higher education
18
provider for a kind of course (except
*
non-designated courses of
19
study) for a grant year must not be less than the amount worked out
20
for the provider under subsections 33-5(3) and (4) for that kind of
21
course for the grant year.
22
Table A providers--maximum unadjusted grant amounts for
23
non-designated courses of study
24
(3) The
*
maximum unadjusted grant amount for a
*
Table A provider
25
for
*
non-designated courses of study must not be less than:
26
(a) if a maximum unadjusted grant amount was specified in the
27
provider's funding agreement for the preceding year for
28
non-designated courses of study--the amount that was so
29
specified; or
30
(b) if a maximum unadjusted grant amount was not specified in
31
the provider's funding agreement for the preceding year for
32
Commonwealth Grant Scheme Schedule 2
Amendments generally applying from 1 January 2019 Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
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Bill 2017
19
non-designated courses of study--the amount worked out for
1
the provider under subsections 33-5(3) and (4) for that kind
2
of course for the preceding year.
3
30 Paragraph 33-1(1)(a)
4
Omit "
*
basic grant amount", substitute "
*
adjusted grant amount".
5
31 Subdivision 33-B (heading)
6
Repeal the heading, substitute:
7
Subdivision 33-B--Unadjusted and adjusted grant amounts
8
32 Section 33-5
9
Repeal the section, substitute:
10
33-5 Unadjusted grant amounts
11
(1) This section sets out how to work out the unadjusted grant
12
amount for a higher education provider for a year.
13
Unadjusted grant amounts
14
(2) The
*
unadjusted grant amount for a year is the sum of each of the
15
amounts (the course amount), worked out in accordance with this
16
section, for a course of the following kind:
17
(a) a
*
course of study in medicine;
18
(b) an
*
enabling course;
19
(c) a course of study specified by the Minister under
20
subsection 30-12(2);
21
(d) a
*
non-medical non-research postgraduate course;
22
(e) for a
*
Table A provider--a
*
non-designated course of study
23
(except a
*
non-medical non-research postgraduate course);
24
(f) for a provider that is not a
*
Table A provider:
25
(i) a
*
non-medical bachelor course; and
26
(ii) an
*
approved sub-bachelor course.
27
(3) The course amount for a course of a kind referred to in
28
subsection (2) is (subject to subsection (5)) the sum of the amounts
29
Schedule 2 Commonwealth Grant Scheme
Part 2 Amendments generally applying from 1 January 2019
20
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
worked out, for each
*
funding cluster in which the provider has
1
provided places in a course of that kind, by multiplying:
2
(a) the
*
number of Commonwealth supported places referred to
3
in subsection (4); by
4
(b) the
*
Commonwealth contribution amount for a place in a
5
course of that kind in that funding cluster.
6
(4) For the purposes of paragraph (3)(a), the
*
number of
7
Commonwealth supported places is:
8
(a) for a
*
non-medical non-research postgraduate course, a
9
*
non-designated course of study or a
*
course of study for
10
which a
*
maximum unadjusted grant amount is specified in
11
the provider's funding agreement--the number of
12
*
Commonwealth supported places provided by the provider
13
in a course of that kind in that
*
funding cluster; or
14
(b) otherwise--the lesser of:
15
(i) the number of such places provided by the provider in a
16
course of that kind in that funding cluster; or
17
(ii) the number of such places allocated to courses of that
18
kind in that funding cluster.
19
Course amount not to exceed maximum unadjusted grant amount
20
(5) Despite subsection (3), if:
21
(a) a
*
maximum unadjusted grant amount is specified in the
22
provider's funding agreement for a course of that kind for the
23
year; and
24
(b) the course amount worked out under subsection (3) for a
25
course of that kind for the year is more than that specified
26
maximum amount;
27
the course amount for a course of that kind for the year is instead
28
that specified maximum amount.
29
33-7 Adjusted grant amounts
30
(1) The Commonwealth Grant Scheme Guidelines may determine a
31
method for adjusting an
*
unadjusted grant amount for a higher
32
education provider for a year to reflect the performance of the
33
provider, against criteria specified by those Guidelines.
34
Commonwealth Grant Scheme Schedule 2
Amendments generally applying from 1 January 2019 Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
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Bill 2017
21
(2) The amount worked out for the provider for the year in accordance
1
with the method is the adjusted grant amount for the provider for
2
the year.
3
(3) The adjusted grant amount for the provider for the year may be:
4
(a) more than, or equal to, the
*
unadjusted grant amount for the
5
provider for the year; or
6
(b) less than that unadjusted grant amount, but must not be less
7
than 92.5% of that unadjusted grant amount.
8
33 Subsection 33-30(3) (table item 2)
9
Repeal the item, substitute:
10
11
2A
*
courses of study in medicine
in a funding cluster
units provided by the provider in the
funding cluster in courses of study in
medicine.
2B
*
enabling courses in a funding
cluster
units provided by the provider in the
funding cluster in enabling courses.
2C
courses of study specified by
the Minister under
subsection 30-12(2)
units provided by the provider in the
funding cluster in specified courses.
2D
*
non-medical non-research
postgraduate courses
units provided by the provider in the
funding cluster in non-medical
non-research postgraduate courses.
2E
*
non-medical bachelor courses units provided by the provider in the
funding cluster in non-medical bachelor
courses.
2F
*
approved sub-bachelor
courses
units provided by the provider in the
funding cluster in approved sub-bachelor
courses.
34 Section 33-37
12
Omit "
*
basic grant amount" (wherever occurring), substitute "
*
adjusted
13
grant amount".
14
35 Subsection 36-10(5)
15
After "unit of study", insert "(except a unit of study that is part of an
16
*
enabling course or a
*
non-medical non-research postgraduate course)".
17
Schedule 2 Commonwealth Grant Scheme
Part 2 Amendments generally applying from 1 January 2019
22
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
36 After subsection 36-10(6)
1
Insert:
2
Former holders of scholarship places
3
(6A) A higher education provider must not advise a person that he or she
4
is a
*
Commonwealth supported student in relation to a unit of study
5
that is part of a
*
course of study if:
6
(a) the person was a Commonwealth supported student under
7
subsection 36-30(6) in relation to another unit of study that is
8
part of the course because the person had been allocated a
9
*
scholarship place in relation to the course; and
10
(b) the person has been given a notice under subsection 36-27(3)
11
that the person is no longer to be a Commonwealth supported
12
student as a result of the scholarship place in relation to any
13
units of study that are part of the course.
14
37 After section 36-25
15
Insert:
16
36-27 Persons advised that they have been allocated a scholarship
17
place for a non-medical non-research postgraduate course
18
(1) The Minister must advise, in writing, an individual that he or she
19
has been allocated a
*
scholarship place in relation to a
*
course of
20
study if:
21
(a) the course is a
*
non-medical non-research postgraduate
22
course; and
23
(b) the individual meets the requirements specified by the
24
Commonwealth Grant Scheme Guidelines for the scholarship
25
place.
26
(2) The Minister may, in the notice given to the individual under
27
subsection (1), impose conditions in relation to a
*
scholarship place
28
allocated to the individual.
29
(3) A higher education provider must give a notice in writing advising
30
an individual that he or she is no longer to be a
*
Commonwealth
31
Commonwealth Grant Scheme Schedule 2
Amendments generally applying from 1 January 2019 Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
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Bill 2017
23
supported student as a result of the
*
scholarship place in relation to
1
any units of study in a course of study if:
2
(a) the provider provides the course to the individual; and
3
(b) either:
4
(i) the individual fails to meet the ongoing requirements
5
determined by the Commonwealth Grant Scheme
6
Guidelines for the purposes of this subparagraph; or
7
(ii) the individual fails to meet a condition specified in the
8
notice given under subsection (1) to the individual.
9
(4) Without limiting this section, the Commonwealth Grant Scheme
10
Guidelines may provide for, or in relation to, a scheme (the
11
scholarship places scheme) for providing
*
scholarship places for
12
the purposes of this Act, including by providing for, or in relation
13
to, the following:
14
(a) the person or body that is to administer the scholarship places
15
scheme;
16
(b) the
*
non-medical non-research postgraduate courses in
17
relation to which scholarship places are to be allocated to
18
individuals;
19
(c) the number of scholarship places available to be allocated to
20
individuals, or the method for determining the number of
21
places available to be so allocated;
22
(d) the process for allocating scholarship places to individuals;
23
(e) the criteria and method used to allocate scholarship places to
24
individuals;
25
(f) fees charged in relation to applying for a scholarship place
26
under the scholarship places scheme;
27
(g) the process for higher education providers to opt out of the
28
scholarship places scheme;
29
(h) matters of a transitional nature (including prescribing any
30
saving or application provisions) relating to the scholarship
31
places scheme.
32
Note 1:
The powers under this section and the scholarship places scheme can
33
be delegated to the person or body administering the scheme, or an
34
authorised officer of such a person or body (see
35
subsection 238-5(1A)).
36
Schedule 2 Commonwealth Grant Scheme
Part 2 Amendments generally applying from 1 January 2019
24
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Note 2:
For specification by class, see subsection 13(3) of the Legislation Act
1
2003.
2
38 Subsection 36-30(3)
3
After "unit of study", insert "(except a unit of study that is part of an
4
*
enabling course or a
*
non-medical non-research postgraduate course)".
5
39 At the end of section 36-30
6
Add:
7
Scholarship places
8
(6) If:
9
(a) a person is to be enrolled with a higher education provider in
10
a unit of study; and
11
(b) the person has been advised under section 36-27 that the
12
person has been allocated a
*
scholarship place in relation to a
13
*
course of study of which the unit forms a part; and
14
(c) the higher education provider is not prohibited, under
15
section 36-10 or 36-15, or both, from advising the person that
16
he or she is a
*
Commonwealth supported student; and
17
(d) the person has not been given a notice under
18
subsection 36-27(3) that the person is no longer to be a
19
Commonwealth supported student as a result of the
20
scholarship place in relation to any units of study that are part
21
of the course; and
22
(e) a notice is not in force under Commonwealth Grant Scheme
23
Guidelines made for the purposes of paragraph 36-27(4)(g)
24
stating that the higher education provider has opted out of the
25
scholarship places scheme; and
26
(f) if the enrolment is subject to conditions specified in a notice
27
given under subsection 36-27(1) to the person--enrolling the
28
person in the unit does not breach any of those conditions;
29
the provider must enrol the person in the unit as a Commonwealth
30
supported student.
31
40 Paragraph 46-13(c)
32
Repeal the paragraph, substitute:
33
Commonwealth Grant Scheme Schedule 2
Amendments generally applying from 1 January 2019 Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
25
(c) a student of a
*
Table A provider or any other higher
1
education provider satisfies those eligibility requirements;
2
and
3
41 Subsection 46-15(1)
4
Omit "higher education providers to which subparagraph 30-1(1)(b)(i)
5
applies", substitute "any other higher education providers".
6
42 After subsection 238-5(1)
7
Insert:
8
(1A) Without limiting subsection (1), the Minister may, by writing,
9
delegate to:
10
(a) a person or body; or
11
(b) an authorised officer of a person or body;
12
that is specified for the purposes of paragraph 36-27(4)(a), all or
13
any of the powers under this Act, or the Commonwealth Grant
14
Scheme Guidelines, in relation to the
*
scholarship places scheme.
15
43 Subclause 1(1) of Schedule 1
16
Insert:
17
adjusted grant amount has the meaning given by
18
subsection 33-7(2).
19
44 Subclause 1(1) of Schedule 1
20
Repeal the following definitions:
21
(a) the definition of basic grant amount;
22
(b) the definition of maximum basic grant amount.
23
45 Subclause 1(1) of Schedule 1
24
Insert:
25
maximum unadjusted grant amount has the meaning given by
26
subsection 30-27(1).
27
Schedule 2 Commonwealth Grant Scheme
Part 2 Amendments generally applying from 1 January 2019
26
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
non-medical bachelor courses means
*
courses of study leading to
1
a bachelor degree (or equivalent), except courses of study in
2
medicine.
3
non-medical non-research postgraduate course means a
4
non-research
*
postgraduate course of study that is not a
*
course of
5
study in medicine.
6
46 Subclause 1(1) of Schedule 1 (definition of postgraduate
7
course of study)
8
Repeal the definition, substitute:
9
postgraduate course of study means a
*
course of study that leads
10
to one or more of the following
*
higher education awards:
11
(a) a graduate diploma;
12
(b) a graduate certificate;
13
(c) a master's degree;
14
(d) a doctoral degree;
15
whether or not it also leads to any other higher education award.
16
47 Subclause 1(1) of Schedule 1
17
Insert:
18
scholarship place: a scholarship place is allocated to a person, in
19
relation to a
*
course of study, if, when the person enrols in a unit of
20
study in the course, the person becomes, under
21
subsection 36-30(6), a
*
Commonwealth supported student in
22
relation to the unit.
23
scholarship places scheme has the meaning given by
24
subsection 36-27(4).
25
unadjusted grant amount has the meaning given by section 33-5.
26
Income Tax Assessment Act 1997
27
48 Section 11-15 (table item headed
"education and training")
28
Before:
29
30
Commonwealth Grant Scheme Schedule 2
Amendments generally applying from 1 January 2019 Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
27
Tools for Your Trade payment (under the program
known as the Australian Apprenticeships
Incentives Program), recipient of .................................
51-10
insert:
1
2
student, grant payable to higher education provider for
scholarship place of .....................................................
51-10
49 Section 51-10 (at the end of the table)
3
Add:
4
5
2.10
a student who has
been allocated a
scholarship place
under the Higher
Education Support
Act 2003 in relation
to a course of study
the amount of the grant
payable to the relevant
higher education provider in
relation to the scholarship
place
none
Schedule 2 Commonwealth Grant Scheme
Part 3 Application and transitional provisions
28
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Part 3--Application and transitional provisions
1
50 Grants, places and funding agreements for enabling and
2
designated courses
3
The amendments of sections 30-25 and 33-1 of the Higher Education
4
Support Act 2003 made by Part 1 of this Schedule apply in relation to
5
the following:
6
(a) grants payable in respect of 2018 and later years;
7
(b) funding agreements made in relation to 2018 and later years.
8
51 Work experience in industry and enabling courses
9
The amendments of sections 33-30 and 93-5 of, and the definition of
10
enabling course in clause 1 of Schedule 1 to, the Higher Education
11
Support Act 2003 made by Part 1 of this Schedule apply in relation to
12
any unit of study with a census date that is on or after 1 January 2018
13
(whether the unit of study is part of a course commenced before or after
14
that day).
15
52 Sub-bachelor courses
16
(1)
Subsections 36-10(4A) and 36-15(1B) of the Higher Education Support
17
Act 2003, as inserted by Part 1 of this Schedule, apply in relation to
18
sub-bachelor courses commenced on or after 1 January 2018.
19
(2)
To avoid doubt, for the purposes of determining, after the
20
commencement of this item, whether a higher education provider would
21
have been prohibited from advising a person who commenced a
22
sub-bachelor course before 1 January 2018 that he or she is a
23
Commonwealth supported student, disregard subsections 36-10(4A) and
24
36-15(1B) of the Higher Education Support Act 2003.
25
53 Grants, places and funding agreements for enabling and
26
designated courses
27
(1)
The amendments of sections 30-1 to 33-37 of the Higher Education
28
Support Act 2003 made by Part 2 of this Schedule (except the
29
amendments of section 30-25 of that Act) apply in relation to the
30
following:
31
Commonwealth Grant Scheme Schedule 2
Application and transitional provisions Part 3
No. , 2017
Higher Education Support Legislation Amendment (A More
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Bill 2017
29
(a) grants payable in respect of 2019 and later years;
1
(b) places allocated for 2019 and later years;
2
(c) funding agreements made in relation to 2019 and later years.
3
(2)
The amendments of section 30-25 of the Higher Education Support Act
4
2003 made by Part 2 of this Schedule apply in relation to funding
5
agreements made in relation to 2018 and later years.
6
54 Performance funding for 2018
7
(1)
The Higher Education Support Act 2003 applies, in respect of 2018, as
8
if the amount of a grant payable under paragraph 33-1(1)(a) of that Act
9
in respect of that year were the amount worked out for the purposes of
10
that paragraph adjusted, in accordance with the Commonwealth Grant
11
Scheme Guidelines, to reflect the performance of the provider, against
12
criteria specified by those Guidelines.
13
(2)
The adjusted amount for the provider for 2018 may be:
14
(a) more than, or equal to, the amount worked out for the
15
purposes of paragraph 33-1(1)(a) of that Act for the provider
16
for 2018; or
17
(b) less than that amount, but must not be less than 92.5% of that
18
amount.
19
(3)
Section 238-10 of the Higher Education Support Act 2003 applies as if
20
a reference to this item were included in item 2 of the table in
21
subsection 238-10(1) of that Act.
22
55 Scholarship places scheme
23
(1)
The amendments of sections 36-10 to 46-15 of the Higher Education
24
Support Act 2003 made by Part 2 of this Schedule apply in relation to
25
any unit of study with a census date that is on or after 1 January 2019
26
(whether the unit of study is part of a course commenced before or after
27
that day).
28
(2)
For the purposes of the Higher Education Support Act 2003, an
29
individual is taken to have been advised under section 36-27 of that Act
30
(as inserted by this Schedule) that the individual has been allocated a
31
scholarship place in relation to a non-medical non-research postgraduate
32
Schedule 2 Commonwealth Grant Scheme
Part 3 Application and transitional provisions
30
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
course if, before 2 May 2017, the individual received an offer of a
1
Commonwealth supported place in relation to the course.
2
Note:
The Commonwealth Grant Scheme Guidelines can also provide for matters of a
3
transitional nature in relation to the scholarship places scheme under
4
paragraph 36-27(4)(h) of the Higher Education Support Act 2003.
5
(3)
Subitem (2) ceases to apply at the end of 31 December 2020.
6
(4)
A higher education provider must not, under subsection 36-27(3) of the
7
Higher Education Support Act 2003, give a notice to an individual who
8
is taken to have been allocated a scholarship place under subitem (2).
9
(5)
To avoid doubt, if:
10
(a) an individual is advised, before 1 January 2019, that the
11
individual is a Commonwealth supported student in relation
12
to a unit of study in a non-medical non-research postgraduate
13
course; and
14
(b) the census date for the unit is on or after 1 January 2019; and
15
(c) the individual is not covered by subitem (2);
16
the individual is not a Commonwealth supported student in relation to
17
the unit unless the individual is enrolled as a Commonwealth supported
18
student under subsection 36-30(6) of the Higher Education Support Act
19
2003 (as inserted by Part 2 of this Schedule).
20
56 Definition of postgraduate course of study
21
The amendments of the definition of postgraduate course of study in
22
subclause 1(1) of Schedule 1 to the Higher Education Support Act 2003
23
made by Part 2 of this Schedule apply in relation to any unit of study
24
with a census date on or after 1 January 2019 (whether the unit of study
25
is part of a course commenced before or after that day).
26
Higher Education Loan Program Schedule 3
Amendments Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
31
Schedule 3--Higher Education Loan Program
1
Part 1--Amendments
2
Higher Education Support Act 2003
3
1 Paragraph 36-10(1)(c)
4
After "subsections (2)", insert ", (2AA), (2AB)".
5
2 Before subsection 36-10(2)
6
Insert:
7
Australian citizens and current or former permanent humanitarian
8
visa holders
9
3 Paragraphs 36-10(2)(b) and (c)
10
Repeal the paragraphs, substitute:
11
(b) a
*
permanent humanitarian visa holder who will be resident
12
within Australia for the duration of the unit; or
13
(c) a person in relation to whom both of the following apply:
14
(i) when the person commenced the
*
course of study of
15
which the unit is a part, the student was a permanent
16
humanitarian visa holder;
17
(ii) the person is a
*
permanent visa holder who will be
18
resident in Australia for the duration of the unit.
19
4 After subsection 36-10(2)
20
Insert:
21
Current and former special category visa holders
22
(2AA) A person also meets the citizenship or residency requirements for
23
the purposes of paragraph (1)(c) if:
24
(a) the person is a New Zealand citizen; and
25
(b) the person holds a special category visa under the Migration
26
Act 1958; and
27
Schedule 3 Higher Education Loan Program
Part 1 Amendments
32
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
(c) the person first began to be usually resident in Australia as a
1
*
dependent child and has not ceased being usually resident in
2
Australia since that time; and
3
(d) that time was at least 10 years before the day the person
4
made the
*
request for Commonwealth assistance; and
5
(e) the person has been in Australia (whether or not
6
continuously) for at least 8 years of the 10 year period
7
immediately before that day, of which at least 18 months was
8
in the most recent 2 year period; and
9
(f) the person will be resident in Australia for the duration of the
10
unit.
11
(2AB) A person also meets the citizenship or residency requirements for
12
the purposes of paragraph (1)(c) if:
13
(a) when the person commenced the
*
course of study of which
14
the unit is a part, the person met, under subsection (2AA), the
15
citizenship or residency requirements; and
16
(b) the person is a
*
permanent visa holder who will be resident in
17
Australia for the duration of the unit.
18
When a person is resident within Australia
19
5 Subsection 36-10(2A)
20
Omit "subparagraph (2)(b) or (c)", substitute "this section".
21
6 Before subsection 36-10(2B)
22
Insert:
23
When an Australian citizen does not meet citizenship or residency
24
requirements
25
7 Subsection 36-10(2B)
26
Omit "subsections (2) and (2A), a person", substitute "paragraph (2)(a),
27
a person who is an Australian citizen".
28
8 Paragraph 90-1(aa)
29
After "
*
accredited course", insert "or
*
enabling course".
30
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Amendments Part 1
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Higher Education Support Legislation Amendment (A More
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Bill 2017
33
9 Before subsection 90-5(1)
1
Insert:
2
Australian citizens and current or former permanent humanitarian
3
visa holders
4
10 At the end of subsection 90-5(1)
5
Add:
6
; or (c) a student in relation to whom both of the following apply:
7
(i) the student was a permanent humanitarian visa holder
8
when the person commenced the course of study of
9
which the unit is a part;
10
(ii) the student is a
*
permanent visa holder who will be
11
resident in Australia for the duration of the unit.
12
11 Subsection 90-5(2)
13
Omit "paragraph (1)(b)", substitute "this section".
14
12 Subsection 90-5(2A)
15
Repeal the subsection, substitute:
16
Current and former special category visa holders
17
(2A) A student also meets the citizenship or residency requirements
18
under this section in relation to a unit of study if:
19
(a) the student is a New Zealand citizen; and
20
(b) the student holds a special category visa under the Migration
21
Act 1958; and
22
(c) the student first began to be usually resident in Australia as a
23
*
dependent child and has not ceased being usually resident in
24
Australia since that time; and
25
(d) that time was at least 10 years before the day referred to in
26
subsection (2B) (the test day); and
27
(e) the student has been in Australia (whether or not
28
continuously) for at least 8 years of the 10 year period
29
immediately before the test day, of which at least 18 months
30
was in the most recent 2 year period; and
31
Schedule 3 Higher Education Loan Program
Part 1 Amendments
34
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
(f) the student will be resident in Australia for the duration of the
1
unit.
2
(2B) A student also meets the citizenship or residency requirements
3
under this section in relation to a unit of study if:
4
(a) when the student commenced the
*
course of study of which
5
the unit is a part, the student met, under subsection (2A), the
6
citizenship or residency requirements in relation to the unit;
7
and
8
(b) the student is a
*
permanent visa holder who will be resident
9
in Australia for the duration of the unit.
10
13 Before subsection 90-5(3)
11
Insert:
12
When an Australian citizen does not meet citizenship or residency
13
requirements
14
14 Subsection 90-5(3)
15
Omit "subsections (1), (2) and (2A), a student", substitute
16
"paragraph (1)(a), a student who is an Australian citizen".
17
15 Before subsection 104-5(1)
18
Insert:
19
Australian and New Zealand citizens and certain permanent visa
20
holders
21
16 After paragraph 104-5(1)(b)
22
Insert:
23
(ba) a New Zealand citizen who will be resident in Australia for
24
the duration of the unit; or
25
(bb) a
*
permanent visa holder (except if the student is covered by
26
paragraph (c)) who will be resident in Australia for the
27
duration of the unit; or
28
(bc) a student in relation to whom both of the following apply:
29
Higher Education Loan Program Schedule 3
Amendments Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
35
(i) the student was a permanent humanitarian visa holder
1
when the person commenced the course of which the
2
unit is a part;
3
(ii) the student is a permanent visa holder who will be
4
resident in Australia for the duration of the unit; or
5
17 Subsection 104-5(2)
6
Omit "paragraph (1)(b) or (c)", substitute "this section".
7
18 Subsection 104-5(2A)
8
Repeal the subsection, substitute:
9
Current and former special category visa holders
10
(2A) A student also meets the citizenship or residency requirements
11
under this section in relation to a unit of study if:
12
(a) the student is a New Zealand citizen; and
13
(b) the student holds a special category visa under the Migration
14
Act 1958; and
15
(c) the student first began to be usually resident in Australia as a
16
*
dependent child and has not ceased being usually resident in
17
Australia since that time; and
18
(d) that time was at least 10 years before the day referred to in
19
subsection (2B) (the test day); and
20
(e) the student has been in Australia (whether or not
21
continuously) for at least 8 years of the 10 year period
22
immediately before the test day, of which at least 18 months
23
was in the most recent 2 year period; and
24
(f) the student will be resident in Australia for the duration of the
25
unit.
26
(2B) A student also meets the citizenship or residency requirements
27
under this section in relation to a unit of study if:
28
(a) when the student commenced the
*
course of study of which
29
the unit is a part, the student met, under subsection (2A), the
30
citizenship or residency requirements in relation to the unit;
31
and
32
Schedule 3 Higher Education Loan Program
Part 1 Amendments
36
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
(b) the student is a
*
permanent visa holder who will be resident
1
in Australia for the duration of the unit.
2
19 Before subsection 104-5(3)
3
Insert:
4
When an Australian citizen does not meet citizenship or residency
5
requirements
6
20 Subsections 104-5(3) and (4)
7
Omit "subsections (1), (2) and (2A), a student", substitute
8
"paragraph (1)(a), a student who is an Australian citizen".
9
21 After paragraph 118-5(1)(b)
10
Insert:
11
(ba) a student in relation to whom both of the following apply:
12
(i) the student was a permanent humanitarian visa holder
13
on the day referred to in subsection (3);
14
(ii) the student is a
*
permanent visa holder; or
15
22 Paragraph 118-5(1)(c)
16
After "subsection (2)", insert "or (2A)".
17
23 Subsection 118-5(2)
18
Repeal the subsection, substitute:
19
Current and former special category visa holders
20
(2) This subsection applies to a student if:
21
(a) the student is a New Zealand citizen; and
22
(b) the student holds a special category visa under the Migration
23
Act 1958; and
24
(c) the student first began to be usually resident in Australia as a
25
*
dependent child and has not ceased being usually resident in
26
Australia since that time; and
27
(d) that time was at least 10 years before the day referred to in
28
subsection (3) (the test day); and
29
Higher Education Loan Program Schedule 3
Amendments Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
37
(e) the student has been in Australia (whether or not
1
continuously) for at least 8 years of the 10 year period
2
immediately before the test day, of which at least 18 months
3
was in the most recent 2 year period.
4
(2A) This subsection applies to a student if:
5
(a) on the day referred to in subsection (3), the student met,
6
under subsection (2), the citizenship or residency
7
requirements; and
8
(b) the student is a
*
permanent visa holder.
9
24 Subsection 118-5(3)
10
Omit "subsection (2)", substitute "this section".
11
25 Before subsection 126-5(1)
12
Insert:
13
Australian and New Zealand citizens and permanent visa holders
14
26 At the end of subsection 126-5(1)
15
Add:
16
; or (c) a New Zealand citizen resident in Australia; or
17
(d) a
*
permanent visa holder resident in Australia; or
18
(e) a student in relation to whom both of the following apply:
19
(i) the student was a permanent humanitarian visa holder
20
on the day referred to in subsection (1B);
21
(ii) the student is a permanent visa holder resident in
22
Australia.
23
27 Subsection 126-5(1A)
24
Repeal the subsection, substitute:
25
Special category visa holders
26
(1A) A student also meets the citizenship or residency requirements
27
under this section in relation to a
*
student services and amenities
28
fee imposed on the student by a higher education provider if:
29
(a) the student is a New Zealand citizen; and
30
Schedule 3 Higher Education Loan Program
Part 1 Amendments
38
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
(b) the student holds a special category visa under the Migration
1
Act 1958; and
2
(c) the student first began to be usually resident in Australia as a
3
*
dependent child and has not ceased being usually resident in
4
Australia since that time; and
5
(d) that time was at least 10 years before the day referred to in
6
subsection (1B) (the test day); and
7
(e) the student has been in Australia (whether or not
8
continuously) for at least 8 years of the 10 year period
9
immediately before the test day, of which at least 18 months
10
was in the most recent 2 year period; and
11
(f) the student is resident in Australia.
12
(1AB) A student also meets the citizenship or residency requirements
13
under this section in relation to a
*
student services and amenities
14
fee imposed on the student by a higher education provider if:
15
(a) on the day referred to in subsection (1B), the student met,
16
under subsection (1A), the citizenship or residency
17
requirements in relation to the fee; and
18
(b) the student is a
*
permanent visa holder resident in Australia.
19
28 Subsection 126-5(1B)
20
Omit "subsection (1A)", substitute "this section".
21
29 Before subsection 126-5(2)
22
Insert:
23
When an Australian citizen does not meet citizenship or residency
24
requirements
25
30 Subsection 126-5(2)
26
Omit "subsections (1) and (1A), a student", substitute "paragraph (1)(a),
27
a student who is an Australian citizen".
28
Higher Education Loan Program Schedule 3
Amendments Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
39
VET Student Loans Act 2016
1
31 Section 6 (definition of qualifying New Zealand citizen)
2
Omit "subsection 11(2)", substitute "subsections 11(2) and (3)".
3
32 At the end of subsection 11(1)
4
Add:
5
; or (d) a New Zealand citizen who is usually resident in Australia; or
6
(e) a holder of a permanent visa (within the meaning of
7
subsection 30(1) of the Migration Act 1958) who is usually
8
resident in Australia; or
9
(f) a student in relation to whom both of the following apply:
10
(i) the student was a holder of a permanent humanitarian
11
visa (within the meaning of the Migration Act 1958) on
12
the day the Secretary approved a VET student loan to
13
the student;
14
(ii) the student is the holder of a permanent visa (within the
15
meaning of that Act) who is usually resident in
16
Australia.
17
33 At the end of section 11
18
Add:
19
(3) A qualifying New Zealand citizen is also a New Zealand citizen
20
who:
21
(a) on the day the Secretary approved a VET student loan to the
22
citizen, he or she was a qualifying New Zealand citizen under
23
subsection (2); and
24
(b) is the holder of a permanent visa (within the meaning of the
25
Migration Act 1958) who is usually resident in Australia.
26
Schedule 3 Higher Education Loan Program
Part 2 Amendments commencing 1 July 2018
40
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Part 2--Amendments commencing 1 July 2018
1
Higher Education Support Act 2003
2
34 Section 140-15
3
Repeal the section.
4
35 Paragraph 154-10(a)
5
Repeal the paragraph, substitute:
6
(a) for the 2018-19 income year--$41,999; or
7
36 Section 154-20 (table)
8
Repeal the table, substitute:
9
10
Applicable percentages
Item
If the person's repayment income is:
The percentage
applicable is:
1
More than the
*
minimum repayment income, but less
than:
(a) for the 2018-19
*
income year--$44,520; or
(b) for a later income year--that amount indexed under
section 154-25.
1%
2
Equal to, or more than, the amount under item 1, but less
than:
(a) for the 2018-19
*
income year--$47,191; or
(b) for a later income year--that amount indexed under
section 154-25.
1.5%
3
Equal to, or more than, the amount under item 2, but less
than:
(a) for the 2018-19
*
income year--$50,022; or
(b) for a later income year--that amount indexed under
section 154-25.
2%
4
Equal to, or more than, the amount under item 3, but less
than:
2.5%
Higher Education Loan Program Schedule 3
Amendments commencing 1 July 2018 Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
41
Applicable percentages
Item
If the person's repayment income is:
The percentage
applicable is:
(a) for the 2018-19
*
income year--$53,024; or
(b) for a later income year--that amount indexed under
section 154-25.
5
Equal to, or more than, the amount under item 4, but less
than:
(a) for the 2018-19
*
income year--$56,205; or
(b) for a later income year--that amount indexed under
section 154-25.
3%
6
Equal to, or more than, the amount under item 5, but less
than:
(a) for the 2018-19
*
income year--$59,577; or
(b) for a later income year--that amount indexed under
section 154-25.
3.5%
7
Equal to, or more than, the amount under item 6, but less
than:
(a) for the 2018-19
*
income year--$63,152; or
(b) for a later income year--that amount indexed under
section 154-25.
4%
8
Equal to, or more than, the amount under item 7, but less
than:
(a) for the 2018-19
*
income year--$66,941; or
(b) for a later income year--that amount indexed under
section 154-25.
4.5%
9
Equal to, or more than, the amount under item 8, but less
than:
(a) for the 2018-19
*
income year--$70,958; or
(b) for a later income year--that amount indexed under
section 154-25.
5%
10
Equal to, or more than, the amount under item 9, but less
than:
(a) for the 2018-19
*
income year--$75,215; or
(b) for a later income year--that amount indexed under
section 154-25.
5.5%
Schedule 3 Higher Education Loan Program
Part 2 Amendments commencing 1 July 2018
42
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Applicable percentages
Item
If the person's repayment income is:
The percentage
applicable is:
11
Equal to, or more than, the amount under item 10, but
less than:
(a) for the 2018-19
*
income year--$79,728; or
(b) for a later income year--that amount indexed under
section 154-25.
6%
12
Equal to, or more than, the amount under item 11, but
less than:
(a) for the 2018-19
*
income year--$84,512; or
(b) for a later income year--that amount indexed under
section 154-25.
6.5%
13
Equal to, or more than, the amount under item 12, but
less than:
(a) for the 2018-19
*
income year--$89,582; or
(b) for a later income year--that amount indexed under
section 154-25.
7%
14
Equal to, or more than, the amount under item 13, but
less than:
(a) for the 2018-19
*
income year--$94,957; or
(b) for a later income year--that amount indexed under
section 154-25.
7.5%
15
Equal to, or more than, the amount under item 14, but
less than:
(a) for the 2018-19
*
income year--$100,655; or
(b) for a later income year--that amount indexed under
section 154-25.
8%
16
Equal to, or more than, the amount under item 15, but
less than:
(a) for the 2018-19
*
income year--$106,694; or
(b) for a later income year--that amount indexed under
section 154-25.
8.5%
17
Equal to, or more than, the amount under item 16, but
less than:
(a) for the 2018-19
*
income year--$113,096; or
9%
Higher Education Loan Program Schedule 3
Amendments commencing 1 July 2018 Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
43
Applicable percentages
Item
If the person's repayment income is:
The percentage
applicable is:
(b) for a later income year--that amount indexed under
section 154-25.
18
Equal to, or more than, the amount under item 17, but
less than:
(a) for the 2018-19
*
income year--$119,882; or
(b) for a later income year--that amount indexed under
section 154-25.
9.5%
19
Equal to, or more than, the amount under item 18.
10%
37 Subsection 154-25(1)
1
Repeal the subsection, substitute:
2
(1) The following amounts for the 2019-20
*
income year, or a later
3
income year:
4
(a) the
*
minimum repayment income;
5
(b) the amounts referred to in paragraph (a) of the second
6
column of items 1 to 18 of the table in section 154-20;
7
are indexed by multiplying the corresponding amounts for the
8
2018-19 income year by the amount worked out using the formula:
9
The sum of the *index numbers for the *quarter ending on
31 December immediately before the income year
and the 3 quarters immediately preceding that quarter
The sum of the *index numbers for the *quarter ending on
31 December immediately before the 2018-19 income year
and the 3 quarters immediately preceding that quarter
10
38 Subsections 154-25(2) and (3)
11
Repeal the subsections.
12
39 Paragraph 154-30(b)
13
Omit "to 9", substitute "to 18".
14
Schedule 3 Higher Education Loan Program
Part 2 Amendments commencing 1 July 2018
44
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
40 Section 198-1 (note 1)
1
Omit "sections 140-10 and 140-15", substitute "section 140-10".
2
41 Subclause 1(1) of Schedule 1 (definition of AWE)
3
Repeal the definition.
4
42 Subclause 1(1) of Schedule 1 (paragraph (a) of the
5
definition of index number)
6
Repeal the paragraph, substitute:
7
(a) for the purposes of Parts 4-1 and 4-2, has the meaning given
8
by clause 2 of this Schedule; and
9
43 Subclause 1(1) of Schedule 1 (definition of reference
10
period)
11
Repeal the definition.
12
44 At the end of Schedule 1
13
Add:
14
2 Index numbers
15
(1) For the purposes of Parts 4-1 and 4-2, the index number for a
16
*
quarter is the All Groups Consumer Price Index number, being the
17
weighted average of the 8 capital cities, published by the
18
*
Australian Statistician in respect of that quarter.
19
(2) Subject to subclause (3), if, at any time before or after the
20
commencement of this Act:
21
(a) the
*
Australian Statistician has published or publishes an
22
*
index number in respect of a
*
quarter; and
23
(b) that index number is in substitution for an index number
24
previously published by the Australian Statistician in respect
25
of that quarter;
26
disregard the publication of the later index number for the purposes
27
of this clause.
28
(3) If, at any time before or after the commencement of this Act, the
29
*
Australian Statistician has changed or changes the reference base
30
Higher Education Loan Program Schedule 3
Amendments commencing 1 July 2018 Part 2
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
45
for the Consumer Price Index, then, in applying this clause after
1
the change took place or takes place, have regard only to
*
index
2
numbers published in terms of the new reference base.
3
Schedule 3 Higher Education Loan Program
Part 3 Application and transitional provisions
46
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Part 3--Application and transitional provisions
1
45 Amendments made by Part 1 of this Schedule
2
(1)
The amendments of the Higher Education Support Act 2003 made by
3
Part 1 of this Schedule (except the repeal of paragraphs 36-10(2)(b) and
4
(c) of that Act) apply in relation to any unit of study with a census date
5
that is on or after 1 January 2018 (whether the unit of study is part of a
6
course commenced before or after that day).
7
(2)
The amendments of the VET Student Loans Act 2016 made by Part 1 of
8
this Schedule apply in relation to any part of a course with a census day
9
that is on or after 1 January 2018 (whether the course commenced
10
before or after that day).
11
46 Commonwealth supported students
12
The repeal of paragraphs 36-10(2)(b) and (c) of the Higher Education
13
Support Act 2003 by Part 1 of this Schedule applies in relation to:
14
(a) courses commenced on or after 1 January 2018; or
15
(b) for courses commenced before 1 January 2018--units of
16
study in such courses if the units are commenced on or after
17
1 January 2023.
18
47 Indexation
19
(1)
The amendments of the Higher Education Support Act 2003 made by
20
Part 2 of this Schedule (except the amendments of section 154-25 of
21
that Act) apply in relation to the 2018-19 income year and later income
22
years.
23
(2)
The amendments of section 154-25 of the Higher Education Support
24
Act 2003 made by Part 2 of this Schedule apply in relation to the
25
2019-20 income year and later income years.
26
Other grants Schedule 4
Amendments Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
47
Schedule 4--Other grants
1
Part 1--Amendments
2
Higher Education Support Act 2003
3
1 Division 41 (heading)
4
Repeal the heading, substitute:
5
Division 40--Introduction
6
2 Section 41-1
7
Renumber as section 40-1.
8
3 Before section 41-5
9
Insert:
10
Division 41--Other grants
11
4 At the end of section 41-10
12
Add:
13
Note:
The Higher Education Participation and Partnerships Program is
14
established by Division 42.
15
5 At the end of section 41-20
16
Add:
17
Note:
The Minister may approve a grant under Division 42 (Higher
18
Education Participation and Partnerships Program) under this section.
19
6 Paragraph 41-25(a)
20
After "Other Grants Guidelines", insert "or the HEPPP Guidelines".
21
7 Section 41-30
22
After "amount of a grant", insert "(except a grant under section 42-20)".
23
Schedule 4 Other grants
Part 1 Amendments
48
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
8 Paragraph 41-30(a)
1
After "Other Grants Guidelines", insert "or the HEPPP Guidelines".
2
9 At the end of section 41-30
3
Add:
4
Note:
Section 42-20 sets out how to work out the amount of a grant in the
5
form of a low SES student loading under the Higher Education
6
Participation and Partnerships Program.
7
10 Paragraph 41-35(a)
8
Repeal the paragraph, substitute:
9
(a) a body corporate meets, in respect of a year, the requirements
10
of:
11
(i) the Other Grants Guidelines made for the purposes of
12
section 41-15 in relation to a program; or
13
(ii) the HEPPP Guidelines made for the purposes of
14
subsection 42-10(3) in relation to the Higher Education
15
Participation and Partnerships Program; or
16
11 Section 41-35
17
After "41-30", insert "or 42-20 (as the case requires)".
18
12 Section 41-45 (heading)
19
Repeal the heading, substitute:
20
41-45 Maximum payments for other grants under this Division
21
13 Subsection 41-45(1) (not including the table)
22
Omit "this Part", substitute "this Division".
23
14 Subsection 41-45(1) (table heading)
24
Repeal the heading, substitute:
25
Maximum payments for other grants under this Division
26
15 Subsections 41-45(1A) and (1B)
27
Omit "this Part", substitute "this Division".
28
Other grants Schedule 4
Amendments Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
49
16 Subsection 41-50(1)
1
After "which may be paid", insert "under this Division".
2
17 At the end of Part 2-3
3
Add:
4
Division 42--Higher Education Participation and
5
Partnerships Program
6
42-1 What this Division is about
7
Grants are payable under the Higher Education Participation and
8
Partnerships Program to promote equality of opportunity in higher
9
education by improving:
10
(a)
access to undergraduate courses for persons from a low
11
socioeconomic status background; and
12
(b)
the extent to which persons from a low socioeconomic
13
status background participate, remain and succeed in
14
higher education, and obtain higher education awards.
15
The grants are payable to Table A providers and, in relation to the
16
National Priorities Pool, any body corporate that is eligible for the
17
grant.
18
42-5 The HEPPP Guidelines
19
Grants under this Division are also dealt with in the HEPPP
20
Guidelines. The provisions of this Division indicate when a
21
particular matter is or may be dealt with in these Guidelines.
22
Note:
HEPPP stands for the Higher Education Participation and Partnerships
23
Program. The HEPPP Guidelines are made by the Minister under
24
section 238-10.
25
Schedule 4 Other grants
Part 1 Amendments
50
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
42-10 Higher Education Participation and Partnerships Program
1
(1) The following grants are payable under the Higher Education
2
Participation and Partnerships Program for the purpose referred to
3
in subsection (2):
4
(a) a grant in the form of a loading under section 42-20;
5
(b) a grant of performance funding under section 42-25;
6
(c) a grant under section 42-30 (National Priorities Pool).
7
Note:
The Minister approves the grants under section 41-20.
8
(2) The purpose of the Program is to promote equality of opportunity
9
in higher education by improving:
10
(a) access to
*
undergraduate courses for persons
*
from a low
11
socioeconomic status background; and
12
(b) the extent to which persons from a low socioeconomic status
13
background participate, remain and succeed in higher
14
education, and obtain
*
higher education awards.
15
Note:
A grant for the purpose referred to in this subsection could include a
16
grant for an eligible body corporate to research or investigate how to
17
improve the matters referred to in paragraph (2)(a) or (b).
18
(3) The HEPPP Guidelines may also specify all or any of the
19
following matters for the Program:
20
(a) the Program's objectives;
21
(b) the extra conditions of eligibility to receive a grant under the
22
Program;
23
(c) the method by which the amount of grants under
24
section 42-25 or 42-30 will be determined;
25
(d) the conditions that apply to grants under the Program.
26
42-15 Meaning of eligible low SES student
27
A student is an eligible low SES student of a provider for a period
28
if the student is:
29
(a) a
*
domestic student; and
30
(b)
*
from a low socioeconomic status background; and
31
(c) enrolled in an
*
undergraduate course of study with the
32
provider during the period.
33
Other grants Schedule 4
Amendments Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
51
42-20 Low SES loadings for Table A providers
1
(1) A
*
Table A provider is, subject to subsection (3), eligible for a
2
grant under this section in the form of a loading for a year worked
3
out using the following formula:
4
The number of *eligible low SES students
*Low SES student
of the provider for the most recent year
loading amount
in relation to which data is available
5
(2) The low SES student loading amount is $985.
6
Note:
The low SES student loading amount is indexed under Part 5-6.
7
Extra conditions of eligibility
8
(3) If the HEPPP Guidelines specify extra conditions of eligibility to
9
receive the grant, then a
*
Table A provider is not eligible for the
10
grant unless the provider complies with those extra conditions.
11
42-25 Performance funding for Table A providers
12
(1) A
*
Table A provider is eligible for a grant under this section in
13
respect of a year if the provider improves, over the period and in
14
the manner specified in the HEPPP Guidelines, the outcomes of
15
either or both of the following:
16
(a)
*
eligible low SES students of the provider during all or part
17
of the period;
18
(b) Indigenous students who are enrolled in an
*
undergraduate
19
course of study with the provider during all or part of the
20
period.
21
(2) The total of the grants under this section approved in respect of a
22
year must equal $13,348,307.
23
Note:
The total is indexed under Part 5-6.
24
(3) If the HEPPP Guidelines specify extra conditions of eligibility to
25
receive the grant, then a
*
Table A provider is not eligible for the
26
grant unless the provider complies with those extra conditions.
27
Schedule 4 Other grants
Part 1 Amendments
52
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
42-30 National Priorities Pool
1
(1) A body corporate is eligible for a grant under the National
2
Priorities Pool in respect of a year if the provider is eligible for the
3
grant under the HEPPP Guidelines.
4
(2) The total of the grants under the National Priorities Pool approved
5
in respect of a year must equal $9,500,000.
6
Note:
The total is indexed under Part 5-6.
7
18 Subsection 198-5(1) (after table item 2)
8
Insert:
9
10
2A
*
Low SES student loading amount
Section 42-20
2B
Amount mentioned in subsection 42-25(2)
Section 42-25
2C
Amount mentioned in subsection 42-30(2)
Section 42-30
19 Subsection 238-10(1) (after table item 5)
11
Insert:
12
13
5A
HEPPP Guidelines
Division 42
20 Subsection 238-10(1) (table item 8)
14
Omit "Part 2-3", substitute "Division 41".
15
21 Subclause 1(1) of Schedule 1
16
Insert:
17
eligible low SES student has the meaning given by section 42-15.
18
from a low socioeconomic status background has the meaning
19
given by the HEPPP Guidelines.
20
Note:
The HEPPP Guidelines may apply, adopt or incorporate matter
21
contained in an instrument or other writing despite subsection 14(2) of
22
the Legislation Act 2003 (see subclause (4)).
23
low SES student loading amount has the meaning given by
24
subsection 42-20(2).
25
Other grants Schedule 4
Amendments Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
53
22 At the end of clause 1 of Schedule 1
1
Add:
2
(4) Despite subsection 14(2) of the Legislation Act 2003, the HEPPP
3
Guidelines may define from a low socioeconomic status
4
background by applying, adopting or incorporating any matter
5
contained in an instrument or other writing as in force or existing
6
from time to time.
7
Schedule 4 Other grants
Part 2 Application and transitional provisions
54
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Part 2--Application and transitional provisions
1
23 Application of amendments
2
Division 42 of the Higher Education Support Act 2003, as inserted by
3
this Schedule, applies in relation to any grants made under Part 2-3 of
4
that Act (whether before or after this item commences).
5
Minor and technical amendments Schedule 5
Amendments Part 1
No. , 2017
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
55
Schedule 5--Minor and technical amendments
1
Part 1--Amendments
2
Higher Education Support Act 2003
3
1 Subsection 16-15(1) (table item dealing with University of
4
Technology, Sydney)
5
Repeal the item, substitute:
6
7
University of Technology Sydney
2 Subsection 16-20(1) (table item dealing with MCD
8
University of Divinity)
9
Repeal the item.
10
3 Subsection 16-20(1) (at the end of the table)
11
Add:
12
13
University of Divinity
4 Subclause 1(1) of Schedule 1 (paragraph (c) of the
14
definition of higher education award)
15
Repeal the paragraph, substitute:
16
(c) any other award offered or conferred by a higher education
17
provider under the
*
Australian Qualifications Framework,
18
except an award offered or conferred for completing a
*
VET
19
course of study.
20
Schedule 5 Minor and technical amendments
Part 2 Application and transitional provisions
56
Higher Education Support Legislation Amendment (A More
Sustainable, Responsive and Transparent Higher Education System)
Bill 2017
No. , 2017
Part 2--Application and transitional provisions
1
5 Higher education awards
2
The amendments of the definition of higher education award in
3
subclause 1(1) of Schedule 1 to the Higher Education Support Act 2003
4
made by this Schedule apply in relation to any unit of study with a
5
census date that is on or after 1 January 2018 (whether the unit of study
6
is part of a course commenced before or after that day).
7