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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
Student Identifiers Amendment
(Enhanced Student Permissions) Bill
2019
No. , 2019
(Employment, Skills, Small and Family Business)
A Bill for an Act to amend the
Student Identifiers
Act 2014
, and for related purposes
No. , 2019
Student Identifiers Amendment (Enhanced Student Permissions) Bill
2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Student Identifiers Act 2014
3
No. , 2019
Student Identifiers Amendment (Enhanced Student Permissions) Bill
2019
1
A Bill for an Act to amend the
Student Identifiers
1
Act 2014
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Student Identifiers Amendment (Enhanced Student
5
Permissions) Act 2019
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Student Identifiers Amendment (Enhanced Student Permissions) Bill
2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2019
Student Identifiers Amendment (Enhanced Student Permissions) Bill
2019
3
Schedule 1--Amendments
1
2
Student Identifiers Act 2014
3
1 Section 3
4
Omit ", a registered training organisation or a VET-related body. This is
5
subject to access controls set by the individual.", substitute "or a
6
registered training organisation, VET-related body or other entity.
7
However, access by such an organisation, body or entity is subject to
8
access controls set by the individual.".
9
2 At the end of section 3
10
Add:
11
There are civil penalty provisions for certain conduct relating to:
12
(a)
applying for student identifiers; or
13
(b)
altering an authenticated VET transcript or an extract
14
from such a transcript; or
15
(c)
making a document purporting to be an authenticated
16
VET transcript or an extract from such a transcript.
17
Those civil penalty provisions are enforceable under the
18
Regulatory Powers Act. Infringement notices may be given under
19
that Act for contraventions of those civil penalty provisions.
20
3 Subsection 4(1)
21
Insert:
22
civil penalty provision
has the same meaning as in the Regulatory
23
Powers Act.
24
Regulatory Powers Act
means the
Regulatory Powers (Standard
25
Provisions) Act 2014
.
26
Schedule 1
Amendments
4
Student Identifiers Amendment (Enhanced Student Permissions) Bill
2019
No. , 2019
4 Section 26
1
Omit ", a registered training organisation or a VET-related body.
2
However, access by such an organisation or body is subject to access
3
controls set by the individual.", substitute "or a registered training
4
organisation, VET-related body or other entity. However, access by
5
such an organisation, body or entity is subject to access controls set by
6
the individual.".
7
5 Section 28 (heading)
8
Repeal the heading, substitute:
9
28 Entities that may be given access to an authenticated VET
10
transcript etc.
11
6 Subsection 28(1)
12
Omit "or VET-related body", substitute ", VET-related body or other
13
entity".
14
7 At the end of subsection 28(1)
15
Add:
16
Note:
The Registrar may also disclose personal information in an
17
authenticated VET transcript in accordance with Australian Privacy
18
Principle 6.
19
8 Subsection 28(4)
20
Omit "or VET-related body", substitute ", VET-related body or other
21
entity".
22
9 After Part 3
23
Insert:
24
Part 3A--Civil penalties and infringement notices
25
26
29A Simplified outline of this Part
27
There are civil penalty provisions for certain conduct relating to:
28
(a)
applying for student identifiers; or
29
Amendments
Schedule 1
No. , 2019
Student Identifiers Amendment (Enhanced Student Permissions) Bill
2019
5
(b)
altering an authenticated VET transcript or an extract
1
from such a transcript; or
2
(c)
making a document purporting to be an authenticated
3
VET transcript or an extract from such a transcript.
4
Those civil penalty provisions are enforceable under the
5
Regulatory Powers Act. Infringement notices may be given under
6
that Act for contraventions of those civil penalty provisions.
7
29B Civil penalties--applications for student identifiers
8
(1) An individual is liable to a civil penalty if:
9
(a) the individual has been assigned a student identifier under
10
this Act; and
11
(b) the identifier has not been revoked; and
12
(c) either:
13
(i) the individual applies under section 9 to the Registrar
14
for an identifier to be assigned to the individual; or
15
(ii) the individual authorises an entity to make an
16
application under section 9 for an identifier to be
17
assigned to the individual.
18
Note:
Section 95 of the Regulatory Powers Act deals with mistake of fact.
19
Civil penalty:
60 penalty units.
20
(2) A person is liable to a civil penalty if:
21
(a) the person applies to the Registrar for an identifier to be
22
assigned to an individual; and
23
(b) the person has not been authorised by the individual to make
24
the application.
25
Civil penalty:
60 penalty units.
26
29C Civil penalties--authenticated VET transcripts etc.
27
(1) A person is liable to a civil penalty if the person alters:
28
(a) an authenticated VET transcript of an individual; or
29
(b) an extract, prepared by the Registrar, from an authenticated
30
VET transcript of an individual.
31
Schedule 1
Amendments
6
Student Identifiers Amendment (Enhanced Student Permissions) Bill
2019
No. , 2019
Civil penalty:
60 penalty units.
1
(2) A person is liable to a civil penalty if:
2
(a) the person makes a document; and
3
(b) either:
4
(i) the document is not an authenticated VET transcript of
5
an individual, but purports to be such an authenticated
6
VET transcript; or
7
(ii) the document is not an extract, prepared by the
8
Registrar, from an authenticated VET transcript of an
9
individual, but purports to be such an extract.
10
Civil penalty:
60 penalty units.
11
29D Enforcement under Regulatory Powers Act--civil penalty
12
provisions
13
Enforceable civil penalty provisions
14
(1) Each civil penalty provision of this Act is enforceable under Part 4
15
of the Regulatory Powers Act.
16
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
17
be enforced by obtaining an order for a person to pay a pecuniary
18
penalty for the contravention of the provision.
19
Authorised applicant
20
(2) For the purposes of Part 4 of the Regulatory Powers Act, the
21
Registrar is an authorised applicant in relation to the civil penalty
22
provisions of this Act.
23
Relevant court
24
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of
25
the following courts is a relevant court in relation to the civil
26
penalty provisions of this Act:
27
(a) the Federal Court of Australia;
28
(b) the Federal Circuit Court of Australia.
29
Amendments
Schedule 1
No. , 2019
Student Identifiers Amendment (Enhanced Student Permissions) Bill
2019
7
Extension to external Territories
1
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation
2
to the civil penalty provisions of this Act, extends to every external
3
Territory.
4
29E Enforcement under Regulatory Powers Act--infringement
5
notices
6
Provisions subject to an infringement notice
7
(1) A civil penalty provision of this Act is subject to an infringement
8
notice under Part 5 of the Regulatory Powers Act.
9
Note:
Part 5 of the Regulatory Powers Act creates a framework for using
10
infringement notices in relation to provisions.
11
Infringement officer
12
(2) For the purposes of Part 5 of the Regulatory Powers Act, the
13
Registrar is an infringement officer in relation to the provisions
14
mentioned in subsection (1).
15
Relevant chief executive
16
(3) For the purposes of Part 5 of the Regulatory Powers Act, the
17
Registrar is the relevant chief executive in relation to the
18
provisions mentioned in subsection (1).
19
Delegation by Registrar
20
(4) The Registrar may, in writing, delegate to the following the
21
Registrar's powers and functions under Part 5 of the Regulatory
22
Powers Act in relation to the provisions mentioned in
23
subsection (1):
24
(a) an SES employee, or acting SES employee, in the
25
Department;
26
(b) an APS employee who holds, or is acting in, an Executive
27
Level 2, or equivalent, position in the Department.
28
(5) A delegate must comply with any written directions of the
29
Registrar.
30
Schedule 1
Amendments
8
Student Identifiers Amendment (Enhanced Student Permissions) Bill
2019
No. , 2019
Extension to external Territories
1
(6) Part 5 of the Regulatory Powers Act, as that Part applies in relation
2
to the provisions mentioned in subsection (1), extends to every
3
external Territory.
4
10 Subparagraphs 32(1)(f)(i) and (ii)
5
Omit "and VET-related bodies", substitute ", VET-related bodies and
6
other entities".
7
11 After paragraph 32(1)(f)
8
Insert:
9
(fa) managing the Account in a way that ensures that the balance
10
of the Account is sufficient to cover debits of amounts for the
11
purposes of the Account;
12
12 Paragraph 50(a)
13
After "functions", insert "or the exercise of the Registrar's powers".
14
13 After paragraph 50(b)
15
Insert:
16
(ba) reimbursing an appropriate authority of a State or Territory
17
as mentioned in subsection 46(3);
18
(bb) making payments to consultants in accordance with
19
engagements under section 47;
20
14 Before subsection 53(2)
21
Insert:
22
Exemptions given by Commonwealth Minister
23
15 Subsection 53(4)
24
Repeal the subsection, substitute:
25
Exemptions given by Registrar
26
(4) Subsection (1) does not apply in relation to an individual if a
27
determination under subsection (6) is in force in relation to the
28
individual.
29
Amendments
Schedule 1
No. , 2019
Student Identifiers Amendment (Enhanced Student Permissions) Bill
2019
9
(5) An individual may request the Registrar to make a determination
1
that subsection (1) does not apply in relation to the individual. The
2
request must:
3
(a) be made in a manner and form approved by the Registrar;
4
and
5
(b) include any information required by the Registrar.
6
(6) If an individual makes a request under subsection (5), the Registrar
7
must, by writing, make, or refuse to make, the determination
8
requested.
9
(7) The Registrar must, in making a decision on the request, have
10
regard to the matters (if any) determined in an instrument under
11
subsection (9).
12
(8) The Registrar must give the individual notice of the Registrar's
13
decision on the request. If the Registrar refuses to make the
14
determination requested, the notice must include reasons for the
15
refusal.
16
(9) The Commonwealth Minister may, by legislative instrument,
17
determine matters for the purposes of subsection (7).
18
(10) An instrument under subsection (6) is not a legislative instrument.
19
(11) If:
20
(a) the Registrar assigns a student identifier to an individual; and
21
(b) immediately before the assignment, a determination under
22
subsection (6) is in force in relation to the individual;
23
then that determination is taken to be revoked immediately after
24
the assignment.
25
Agreement of Ministerial Council required for instruments
26
(12) The Commonwealth Minister must, before making an instrument
27
of a kind referred to in subsection (3) or (9), obtain the agreement
28
of the Ministerial Council to the making of the instrument.
29
Single instrument
30
(13) The matters covered by subsections (3) and (9) may be included in
31
the same instrument.
32
Schedule 1
Amendments
10
Student Identifiers Amendment (Enhanced Student Permissions) Bill
2019
No. , 2019
16 Application provisions
1
(1)
The amendments made by items 6, 8 and 10 apply in relation to
2
authenticated VET transcripts prepared by the Registrar on or after the
3
commencement of this item.
4
(2)
Subsection 29B(1) of the
Student Identifiers Act 2014
, as inserted by
5
this Schedule, applies in relation to an application referred to in
6
subparagraph 29B(1)(c)(i) of that Act that is made, or an authorisation
7
referred to in subparagraph 29B(1)(c)(ii) of that Act that is given, on or
8
after the commencement of this item, whether the student identifier
9
referred to in paragraph 29B(1)(a) of that Act was assigned before, on
10
or after that commencement.
11
(3)
Subsection 29B(2) of the
Student Identifiers Act 2014
, as inserted by
12
this Schedule, applies in relation to an application referred to in
13
paragraph 29B(2)(a) of that Act that is made on or after the
14
commencement of this item.
15
(4)
Subsection 29C(1) of the
Student Identifiers Act 2014
, as inserted by
16
this Schedule, applies in relation to an alteration made on or after the
17
commencement of this item, whether the authenticated VET transcript
18
or extract was prepared before, on or after that commencement.
19
(5)
Subsection 29C(2) of the
Student Identifiers Act 2014
, as inserted by
20
this Schedule, applies in relation to a document that is made on or after
21
the commencement of this item.
22