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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Support (HELP
Tuition Protection Levy) Bill 2019
No. , 2019
(Employment, Skills, Small and Family Business)
A Bill for an Act to impose HELP tuition protection
levy, and for related purposes
No. , 2019
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Crown to be bound ............................................................................ 2
4
Act does not impose tax on property of a State ................................. 2
5
Definitions ......................................................................................... 2
Part 2--HELP tuition protection levy
4
6
Imposition of HELP tuition protection levy ...................................... 4
7
Amount of HELP tuition protection levy........................................... 4
8
Administrative fee component ........................................................... 5
9
Legislative instrument for purposes of section 8 ............................... 5
10
Indexation of administrative fee components etc............................... 6
11
Risk rated premium component ......................................................... 8
12
Special tuition protection component ................................................ 8
13
Legislative instrument for purposes of section 11 or 12 .................... 9
Part 3--Other matters
11
14
Exemptions ...................................................................................... 11
15
Regulations ...................................................................................... 11
No. , 2019
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
1
A Bill for an Act to impose HELP tuition protection
1
levy, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act is the Higher Education Support (HELP Tuition
7
Protection Levy) Act 2019.
8
Part 1 Preliminary
Section 2
2
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
No. , 2019
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
At the same time as Part 1 of Schedule 2 to
the Education Legislation Amendment
(Tuition Protection and Other Measures)
Act 2019 commences.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Crown to be bound
13
This Act binds the Crown in each of its capacities.
14
4 Act does not impose tax on property of a State
15
(1) This Act does not impose a tax on property of any kind belonging
16
to a State.
17
(2) Property of any kind belonging to a State has the same meaning as
18
in section 114 of the Constitution.
19
5 Definitions
20
(1) In this Act:
21
administrative fee component, for a leviable provider for a year,
22
has the meaning given by section 8.
23
Preliminary Part 1
Section 5
No. , 2019
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
3
HELP tuition protection levy means levy imposed by section 6.
1
leviable provider means a higher education provider to whom
2
Part 5-1A of the Higher Education Support Act 2003 applies.
3
new provider, for a year, means a leviable provider that was not a
4
higher education provider at any time during the previous year.
5
property of any kind belonging to a State: see subsection 4(2).
6
risk rated premium component, for a leviable provider for a year,
7
has the meaning given by section 11.
8
special tuition protection component, for a leviable provider for a
9
year, has the meaning given by section 12.
10
total HELP students, for a leviable provider for a year, means the
11
total number of students who:
12
(a) were enrolled during the previous year in at least one unit of
13
study that forms part of a course of study and that has its
14
census date in the previous year; and
15
(b) were entitled to HECS-HELP assistance or FEE-HELP
16
assistance for that unit.
17
year means calendar year.
18
(2) An expression used in this Act that is also used in the Higher
19
Education Support Act 2003 has the same meaning as in that Act.
20
Part 2 HELP tuition protection levy
Section 6
4
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
No. , 2019
Part 2--HELP tuition protection levy
1
2
6 Imposition of HELP tuition protection levy
3
Levy is imposed by this section on a body, for a year starting on or
4
after the commencement of this section, if the body is a leviable
5
provider at any time during the year.
6
7 Amount of HELP tuition protection levy
7
(1) Unless the leviable provider is covered by subsection (3), the
8
amount of HELP tuition protection levy for a year for a leviable
9
provider is the sum of the following components:
10
(a) the provider's administrative fee component for the year (see
11
section 8);
12
(b) the provider's risk rated premium component for the year
13
(see section 11);
14
(c) the provider's special tuition protection component for the
15
year (see section 12).
16
Note:
Classes of providers may be exempt from the requirement to pay one
17
or more components of HELP tuition protection levy: see section 14.
18
(2) The amount of HELP tuition protection levy for a year for a
19
leviable provider covered by subsection (3) is the provider's
20
administrative fee component for the year (see section 8).
21
(3) A leviable provider is covered by this subsection if the provider is:
22
(a) owned by the Commonwealth, a State or a Territory; or
23
(b) established under one of the following:
24
(i) the Technical and Further Education Commission Act
25
1990 (NSW);
26
(ii) the Education and Training Reform Act 2006 (Vic.);
27
(iii) the TAFE Queensland Act 2013 (Qld);
28
(iv) the Vocational Education and Training Act 1996 (WA);
29
(v) the TAFE SA Act 2012 (SA);
30
HELP tuition protection levy Part 2
Section 8
No. , 2019
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
5
(vi) the Training and Workforce Development Act 2013
1
(Tas.);
2
(vii) the Canberra Institute of Technology Act 1987 (ACT).
3
8 Administrative fee component
4
(1) If a leviable provider is a new provider for a year, the amount of
5
the provider's administrative fee component for the year is the
6
amount determined for the purposes of paragraph (2)(a) for the
7
year.
8
(2) Otherwise, a leviable provider's administrative fee component for
9
a year is the sum of:
10
(a) the amount determined in an instrument under section 9 for
11
the purposes of this paragraph for the year; and
12
(b) the amount determined in an instrument under section 9 for
13
the purposes of this paragraph for the year, multiplied by the
14
total HELP students for the provider for the year.
15
9 Legislative instrument for purposes of section 8
16
2020
17
(1) Before 1 August 2020, the Minister must, by legislative instrument,
18
determine each of the following for that year:
19
(a) an amount for the purposes of paragraph 8(2)(a);
20
(b) an amount for the purposes of paragraph 8(2)(b).
21
Later years
22
(2) Before 1 August of the year 2021 or a later year, the Minister may,
23
by legislative instrument, determine one or both of the following
24
for the year:
25
(a) an amount for the purposes of paragraph 8(2)(a);
26
(b) an amount for the purposes of paragraph 8(2)(b).
27
Note:
The amounts determined under this subsection may be indexed under
28
section 10.
29
Part 2 HELP tuition protection levy
Section 10
6
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
No. , 2019
Upper limit
1
(3) The Minister must not determine an amount for the purposes of
2
paragraph 8(2)(a) or (b) for a year that exceeds the following:
3
(a) for paragraph 8(2)(a)--$325;
4
(b) for paragraph 8(2)(b)--$31.
5
Note:
The amounts in this subsection are indexed under section 10.
6
Having regard to matters
7
(4) In making a legislative instrument under this section, the Minister
8
must have regard to the sustainability of the HELP Tuition
9
Protection Fund.
10
(5) The Minister may also have regard to any other matter the Minister
11
considers appropriate.
12
10 Indexation of administrative fee components etc.
13
(1) On 1 August of the year 2021 (the current year) and each later
14
year (the current year) an amount mentioned in paragraph 8(2)(a)
15
or (b) or 9(3)(a) or (b) is replaced by the amount worked out using
16
the formula:
17
Amount under that paragraph
Indexation factor
for the previous year
for that 1 August
18
(2) Subsection (1) does not apply to an amount mentioned in
19
paragraph 8(2)(a) or (b) if the Minister has determined an amount
20
for the purposes of that paragraph for the current year.
21
Indexation factor
22
(3) The indexation factor for a 1 August is the number worked out
23
using the formula:
24
Index number for the reference quarter
Index number for the base quarter
25
where:
26
HELP tuition protection levy Part 2
Section 10
No. , 2019
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
7
base quarter means the last September quarter before the reference
1
quarter.
2
index number, for a quarter, means the All Groups Consumer
3
Price Index number from the original series (being the weighted
4
average of the 8 capital cities) published by the Australian
5
Statistician for that quarter.
6
reference quarter means the September quarter in the year before
7
the current year.
8
Rounding factors and amounts etc.
9
(4) The indexation factor worked out under subsection (3) must be
10
rounded up or down to 3 places (rounding up in the case of exactly
11
halfway between).
12
(5) An amount worked out under subsection (1) for the purposes of
13
paragraph 8(2)(a) or 9(3)(a) or (b) must be rounded to the nearest
14
whole dollar (rounding up in the case of 50 cents).
15
(6) An amount worked out under subsection (1) for the purposes of
16
paragraph 8(2)(b) must be rounded to the nearest whole cent
17
(rounding up in the case of 0.5 cents).
18
(7) An indexation factor that is less than 1 is to be increased to 1.
19
(8) If at any time (whether before or after the commencement of this
20
section) the Australian Statistician has changed or changes the
21
index reference period for the Consumer Price Index, then, for the
22
purposes of applying this section after the change, only index
23
numbers published in terms of the new index reference period are
24
to be used.
25
Publication
26
(9) The Minister must cause each amount worked out under
27
subsection (1) to be made publicly available in any manner the
28
Minister considers appropriate.
29
Part 2 HELP tuition protection levy
Section 11
8
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
No. , 2019
11 Risk rated premium component
1
(1) If a leviable provider is a new provider for a year, the amount of
2
the provider's risk rated premium component for the year is zero.
3
(2) Otherwise, a leviable provider's risk rated premium component
4
for a year is worked out using the following method statement.
5
Method statement
6
Step 1: Multiply the total HELP students for the provider for the
7
year by the amount determined in an instrument under
8
section 13 for the purposes of this step for the year.
9
Step 2: Multiply the amount equal to the total amount of
10
assistance paid to the provider under sections 96-1 and
11
110-1 of the Higher Education Support Act 2003 in the
12
previous year by the percentage determined in an
13
instrument under section 13 for the purposes of this step
14
for the year.
15
Step 3: Add up the results of steps 1 and 2.
16
Step 4: For each risk factor determined in an instrument under
17
section 13 for the purposes of this step for the year, work
18
out the risk factor value for the provider for the year in
19
accordance with the instrument.
20
Step 5: Add up the results of step 4 and add 1.
21
Step 6: Multiply the results of step 3 by the results of step 5. The
22
result is the provider's risk rated premium component for
23
the year.
24
12 Special tuition protection component
25
(1) If a leviable provider is a new provider for a year, the amount of
26
the provider's special tuition protection component for the year is
27
zero.
28
HELP tuition protection levy Part 2
Section 13
No. , 2019
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
9
(2) Otherwise, a leviable provider's special tuition protection
1
component for a year is an amount equal to the total amount of
2
assistance paid to the provider under sections 96-1 and 110-1 of the
3
Higher Education Support Act 2003 in the previous year,
4
multiplied by the percentage determined in an instrument under
5
section 13 for the purposes of this subsection for the year.
6
13 Legislative instrument for purposes of section 11 or 12
7
(1) Before 1 August 2020 and each later year, the HELP Tuition
8
Protection Director must, by legislative instrument, determine each
9
of the following for the year:
10
(a) an amount for the purposes of step 1 of the method statement
11
in subsection 11(2);
12
(b) a percentage for the purposes of step 2 of the method
13
statement in subsection 11(2);
14
(c) for the purposes of step 4 of the method statement in
15
subsection 11(2):
16
(i) one or more risk factors that reflect the risk of payments
17
being made out of the HELP Tuition Protection Fund in
18
respect of leviable providers with that factor or those
19
factors; and
20
(ii) for each risk factor--the risk factor value, or a method
21
for working out the risk factor value, for leviable
22
providers, or a class of leviable providers;
23
(d) a percentage for the purposes of subsection 12(2).
24
(2) The percentage determined in an instrument for the purposes of
25
paragraph (1)(b) or (d) may be zero.
26
(3) A risk factor value for a risk factor determined for the purposes of
27
subparagraph (1)(c)(ii) must be a number between zero and 10
28
(inclusive).
29
(4) In making a legislative instrument under subsection (1), the HELP
30
Tuition Protection Director must have regard to:
31
(a) any advice of the HELP Tuition Protection Fund Advisory
32
Board in relation to the matters referred to in that subsection;
33
and
34
Part 2 HELP tuition protection levy
Section 13
10
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
No. , 2019
(b) the sustainability of the HELP Tuition Protection Fund.
1
(5) The HELP Tuition Protection Director may have regard to any
2
other matter that the Director considers appropriate.
3
(6) Before the HELP Tuition Protection Director makes a legislative
4
instrument under subsection (1), the Treasurer must approve the
5
legislative instrument in writing.
6
Other matters Part 3
Section 14
No. , 2019
Higher Education Support (HELP Tuition Protection Levy) Bill 2019
11
Part 3--Other matters
1
2
14 Exemptions
3
The Higher Education Provider Guidelines may prescribe one or
4
more classes of leviable providers who are exempt from the
5
requirement to pay one or more of the following:
6
(a) the administrative fee component;
7
(b) the risk rated premium component;
8
(c) the special tuition protection component.
9
15 Regulations
10
The Governor-General may make regulations prescribing matters:
11
(a) required or permitted by this Act to be prescribed; or
12
(b) necessary or convenient to be prescribed for carrying out or
13
giving effect to this Act.
14