Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2002-2003-2004
THE PARLIAMENT
OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
HIGHER EDUCATION LEGISLATION
AMENDMENT BILL (NO. 3) 2004
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Minister for Education, Science and Training,
the
Honourable Dr Brendan Nelson MP)
HIGHER EDUCATION LEGISLATION AMENDMENT
BILL (NO. 3) 2004
OUTLINE
The Bill will amend the Higher Education Support Act 2003
to:
• Add Melbourne University Private to the list of Table B
higher education providers (s16-20).
• Set new maximum aggregate
funding levels for the Commonwealth Grant Scheme to provide funding for
radiation oncology places at the University of Newcastle and the Royal Melbourne
Institute of Technology as Commonwealth supported students for the years 2005-06
(s30-5).
• Allow Higher Education Providers to operate summer
schools as they do now (ss36-10 and 36-35).
• Extends the time
within which students must submit their request for Commonwealth assistance by
providing that such requests must be provided to a Higher Education Provider on
or before the census date (s36-40).
• Enable students, who are
enrolled in units of study on a cross-institutional basis, to be Commonwealth
supported and/or access HECS-HELP and FEE-HELP assistance for those units
(ss36-40, 76-1, 90-1, 104-1, 118-1, 193-1).
• Clarify entitlement
to FEE-HELP assistance in relation to successful completion of studies through
Open Learning Australia (OLA) (s104-2).
• Extend and clarify
entitlement to OS-HELP assistance (ss115-1, 118-1, 118-5, 118-10,
118-15).
• Explicitly provide for the time and manner of repayment
by higher education providers of advances (s164-10).
• Include a
definition of undergraduate and postgraduate higher education award (ss30-25,
36-15, 36-35, 118-1, 137-10, and Clause 1 of Schedule 1).
The
Bill will also amend the Higher Education Support (Transitional Provisions
and Consequential Amendments) Act 2003 to provide for transitional
arrangements for the repayment of ‘special purpose’ grants made
under the higher Education Funding Act 1988
(Part 6 of Schedule 1).
The Bill amends the Australian
Research Council Act 2001 to update annual funding caps to reflect revised
forward estimates (ss48 and 49).
The Bill will also amend the
Australian National University Act 1991, to extend the time within which the
Minister must make appointments to the ANU Council from 28 days to 60 days
(s10).
In relation to the Higher Education Support Act 2003, the
Bill:
− increases the overall appropriation by $1.617 million for
the period 1 January 2005 to 31 December 2006;
In relation to the
Australian Research Council Act 2001, the Bill:
− increases
the overall appropriation by $501.973 million for the period 1 July 2004 to 30
June 2008.
HIGHER EDUCATION LEGISLATION AMENDMENT BILL
(NO. 3) 2004
Clause 1 - Short title
Provides for the Act to be cited
as the Higher Education Legislation Amendment Act (No. 3)
2004.
Clause 2 - Commencement
Subclause 2(1)
inserts a three column table setting out commencement information for various
provisions in the Act. Each provision of the Act specified in column 1 of the
table commences (or is taken to have commenced) in accordance with column 2 of
the table and any other statement in column 2 has effect according to its
terms.
The table provides for sections 1-3 of the Act and for items 1-44
and 47-53 of Schedule 1, items 1-8, Schedule 2, and Schedules 3 and 4 to the Act
to commence on the day on which it receives the Royal Assent and for other
provisions to commence on the days set out in column 3 of the
table.
Subclause 2(2) provides that column 3 of the table is for
additional information which may be added to or edited in any published version
of the Act but that information in this column is not part of the
Act.
Clause 3 - Schedule(s)
Provides that each Act that
is specified in a Schedule is amended or repealed as set out in the applicable
items in the Schedule and that any other item in a Schedule has effect according
to its terms.
Schedule 1 – Amendment of the
Higher Education Support Act
2003
Higher
Education Support Act 2003
Item 1 Subsection 16-20(1)
(at the end of the table)
Adds Melbourne University Private to the
list of Table B higher education providers in subsection
16-20(1).
Item 2 Section 19-87(1)(b)
Section 19-87
deals with determining student contribution amounts for all places in units.
Item 2 amends paragraph 19-87(1)(b) to have the effect of providing that where a
unit of study that may form a part of a course of study in which a Table A
provider or another Table A provider may enrol students as Commonwealth
supported students, a student contribution amount for a place in the unit must
be determined under paragraph 19-87(1)(c).
Item 3 Section
19-100
Amends section 19-100 (dealing with limits on fees for courses
of study) to have the effect of providing that a higher education provider must
not charge a person a fee for a course of study that exceeds the sum of the
person's tuition fees for all of the units of study undertaken (whether with
that provider or another higher education provider) by the person as part of the
course.
Item 4 After subparagraph 19-105(a)(i)
Inserts
a new subparagraph 19-105(a)(ia) to provisions determining a person's tuition
fee for a unit of study in a student cohort to add the requirement that the
person must be undertaking the unit with that provider to have the fee
determined by the provider in accordance with section 19-91 for the cohort to
apply to the person.
Item 5 Paragraphs 30-5(1)(a) and
(b)
Repeals paragraphs 30-5(1)(a) and (b) to vary the level of
maximum grants under the Commonwealth Grant Scheme (Part 2-2) for the years 2005
and 2006 to reflect provision of funding for radiation oncology places at the
University of Newcastle and the Royal Melbourne Institute of Technology as
Commonwealth supported students.
Items 6 and 7 Subparagraphs
30-25(3)(a)(i) and (ii)
Repeal subparagraphs 30-25(3)(a)(i) and (ii)
and inserts new subparagraphs to have the effect of clarifying that places in
undergraduate courses of study and places in non research postgraduate courses
of study are included in the specific conditions a funding agreement with a
higher education provider under section 30-25 may specify.
Item 8
Paragraph 36-5(1)(b)
Repeals paragraph 36-5(1)(b) and substitutes a
new paragraph to clarify the meaning of Commonwealth supported
student.
Item 9 Paragraph 36-10(1)(b)
Amends
paragraph 36-10(1)(b) to have the effect of relaxing one of the pre-conditions
which must be met before a higher education provider can advise a person that
he/she is a Commonwealth supported student in relation to a unit of study. The
pre-condition in paragraph 36-10(1)(b) will now be that the unit must contribute
to the requirements of a course of study in which the person is enrolled with
the provider or, where the provider is a Table A provider, with another Table A
provider.
Item 10 At the end of section 36-10
Inserts
new subsections 36-10(7) to (10) to provide for advice on whether a person is a
Commonwealth supported student in relation to units of study at full fee summer
schools.
Proposed subsection 36-10(7) provides that a higher education
provider must not advise a person that he/she is a Commonwealth supported
student in relation to a unit of study if the person undertakes the unit wholly
during a summer school period (the current summer school period) and the
provider has determined that this subsection applies to the
unit.
Proposed subsection 36-10(8) provides that a higher education
provider may determine that subsection 36-10(7) applies to a unit of study only
if each person who could undertake the unit during the current summer school
period could undertake (or could have undertaken) the unit during a period other
than a summer school period as part of a course of study undertaken by the
person with the higher education provider.
Proposed subsection 36-10(9)
provides that the higher education provider must make the determination before
the start of the current summer school period.
Proposed subsection
36-10(10) defines summer school period for the purposes of section
36-10 as meaning a period that starts on or after 1 November in a year and ends
after 1 January (but before 1 March) in the following year.
Item
11 Paragraph 36-15(2)(a)
Amends paragraph 36-15(2)(a) to have the
effect of providing that the Minister may determine in writing that a specified
course of study is not one in respect of which students, or students of a
specified kind, may be enrolled in units of study as Commonwealth supported
students.
Item 12 Paragraph 36-15(2)(b)
Amends
paragraph 36-15(2)(b) to have the effect of providing that the Minister may
determine in writing that a course of study of a specified type is not one in
respect of which students, or students of a specified kind, may be enrolled in
units of study as Commonwealth supported students.
Item 13 Paragraph
36-22(1)(a)
Section 36-22 deals with the obligation of providers to
make repayments in relation to units wholly consisting of work experience in
industry in special circumstances. Item 13 repeals paragraph 36-22(1)(a)
and substitutes new paragraphs 36-22(1)(a) and (aa) which have the effect of
providing that one of the conditions for section 36-22 to apply to a person is
that the person has been enrolled as a Commonwealth supported student with a
higher education provider in a unit of study and the unit would (if completed)
form part of a course of study undertaken with the provider or, where the
provider is a Table A provider, with another Table A
provider.
Item 14 Paragraph 36-22(1)(d)
Amends
paragraph 36-22(1)(d) to have the effect of providing that one of the conditions
for section 36-22 to apply to a person is that the provider with which the
person is enrolled in the unit is satisfied that special circumstances apply to
the person.
Item 15 Paragraph 36-22(1)(e)
Amends
paragraph 36-22(1)(e) to have the effect of providing that one of the conditions
for section 36-22 to apply to a person is that the person applies in writing to
that provider for either or both the repayment of any amounts that the person
paid in relation to his/her student contribution amount for the unit or the
remission of the person's HECS-HELP debt in relation to the
unit.
Item 16 Section 36-25
Repeals section 36-25 and
inserts new subsections 36-25(1) and (2) dealing with continued support for
Commonwealth supported students.
Proposed subsection 36-25(1) provides
that a higher education provider must advise a person who is enrolled in a unit
of study with the provider (as part of a course of study being undertaken with
the provider) that he/she is a Commonwealth supported student in relation to the
unit if the person is or has been a Commonwealth supported student in relation
to one or more other units of study undertaken with the provider as part of the
course and the provider is not prohibited (under section 36-10) from so
advising the person.
Proposed subsection 36-25(2) provides that a Table A
provider (the host provider) must advise a person who is enrolled in a unit of
study with the provider, as part of a course of study being undertaken with
another Table A provider (the home provider), that he/she is a Commonwealth
supported student in relation to the unit if:
• the person is or has
been a Commonwealth supported student in relation to one or more other units of
study in the course undertaken with the home provider; and
• the person
must undertake the unit because it is required to complete the course;
and
• the host provider is not prohibited (under section 36-10) from so
advising the person.
Item 17 Paragraph
36-35(1)(a)
Section 36-35 deals with the percentage of Commonwealth
supported places to be provided by Table A providers. Item 17 amends
paragraph 36-35(1)(a) to reflect the insertion of a definition of
undergraduate course of study in the Dictionary in Schedule 1 by
item 53.
Item 18 Subsection 36-35(2)
Repeals
subsection 36-35(2) and inserts a new subsection which provides that, for the
purpose of applying subsection 36-35(1) in relation to a course of study, any
enrolment in work experience in industry, an employer reserved place in that
course, or a unit of study that is the subject of a determination by the
provider under subsection 36-10(7) must be disregarded.
Item 19
Subparagraph 36-40(1)(b)(i)
Section 36-40 requires providers to
cancel enrolments in certain circumstances. Item 19 repeals subparagraph
36-40(1)(b)(i) and substitutes a new subparagraph which has the effect of making
subsection 36-40(1) provide that a higher education provider must cancel a
person's enrolment in a unit of study with the provider if the person:
(a) is
enrolled as a Commonwealth supported student in relation to the unit; and
(b)
has not, on or before the census date for the unit, completed (and signed) a
request for Commonwealth assistance in relation to the unit or, where the unit
forms part of a course of study undertaken with the provider, in relation to the
course of study and given it to an appropriate officer of the
provider.
Item 20 Paragraph 36-40(3)(a)
Subsection
36-40(3) defines a request for Commonwealth assistance. Item
20 amends paragraph (a) of the definition so that a request for Commonwealth
assistance must be a document in which a person enrolling in a unit of study
with a higher education provider requests the Commonwealth to provide assistance
under this Act in relation to the unit or, where the unit forms part of a course
of study undertaken with the provider, in relation to the course of
study.
Items 21 and 22 Paragraphs 36-40(3)(b) and
(c)
Repeal paragraph 36-40(3)(c) and consequentially amends paragraph
36-40(3)(b) of the definition of a request for Commonwealth
assistance to remove the requirement for the document to be given to an
appropriate officer of the provider on or before the person's enrolment in the
unit.
Items 23 and 24 Paragraph 76-1(1)(d)
Section
76-1 deals with reducing a person's Student Learning Entitlement. Items 23
and 24 amend paragraph 76-1(1)(d) and replace subparagraph 76-1(1)(d)(ii) to
have the effect of providing that one of the conditions for reducing a
person’s Student Learning Entitlement is that the person has (on or before
the census date) completed, signed and given to an appropriate officer of the
provider a request for Commonwealth assistance in relation to the unit or where
the course of study of which the unit forms a part is undertaken with the
provider—the course of study.
Item 25 Paragraph
79-1(a)
Section 79-1 deals with re-crediting a person's Student
Learning Entitlement. Item 25 repeals paragraph 79-1(a) and substitutes
new paragraphs 79-1(a) and (aa) which provide that two of the conditions which
must be met before a higher education provider must re-credit a person's SLE are
that the person has been enrolled in the unit with the provider and the unit
would (if completed) form part of a course of study undertaken with the provider
or, where the provider is a Table A provider, with another Table A
provider.
Item 26 Paragraph 90-1(g)
Section 90-1 deals
with entitlement to HECS-HELP assistance. Item 26 repeals paragraph
90-1(g) and substitutes a new paragraph to have the effect of providing that one
of the conditions before a student is entitled to HECS-HELP assistance for a
unit of study in which the student is enrolled with a higher education provider
as part of a course of study is that the student has (on or before the census
date) completed, signed and given to an appropriate officer of the provider a
request for Commonwealth assistance in relation to the unit or, where the course
of study of which the unit forms a part is undertaken with the provider, in
relation to the course of study.
Item 27 After subparagraph
93-5(1)(a)(i)
Section 93-5 deals with student contribution amounts.
Item 27 inserts a new subparagraph 93-5(1)(a)(ia) which has the effect of
amending the method of calculation of a person’s student contribution
amount by including an additional requirement which must apply in relation
to the person’s student contribution amount for a place.
That requirement is that the person is undertaking the unit with that
provider.
Item 28 Paragraph 104-1(1)(i)
Section 104-1 deals with entitlement to FEE-HELP assistance. Item 28 repeals paragraph 104-1(1)(i) and substitutes a new paragraph containing two subparagraphs.
Proposed subparagraph 104-1(1)(i)(i) provides that the student is entitled to FEE-HELP assistance if the student has, on or before the census date completed, signed and given to an appropriate officer of Open Learning Australia a request for Commonwealth assistance in relation to the unit where the access to the unit was provided by Open Learning Australia.
Proposed subparagraph 104-1(1)(i)(ii) provides that the student is entitled
to FEE-HELP assistance if the student has, on or before the census date
completed, signed and given to an appropriate officer of the higher education
provider a request for Commonwealth assistance in relation to the unit or, where
the course of study of which the unit forms a part is, or is to be, undertaken
with the provider, in relation to the course of study.
Items 29 and 30
Section 104-2
Section 104-2 deals with failure by a student to complete previous units
accessed through Open Learning Australia. Item 29 amends section 104-2
to have the effect of providing that a student is not entitled to FEE-HELP
assistance for a unit of study access to which is provided by Open Learning
Australia. Item 30 amends paragraph 104-2(a) to have the effect of
providing that the term “Open Learning Australia” as defined in the
dictionary in Schedule 1 is not applicable to paragraph
104-2(a).
Item 31 At the end of section 115-1 (before the
note)
Amends section 115-1 to have the effect of providing that the
purpose of OS-HELP assistance is to help students based in Australia to do part
of their course of study overseas.
Items 32-35 Paragraphs
118-1(1)(c), 118-1(1)(d), 118-1(1)(h), and 118-1(1)(i)
Section
118-1 deals with entitlement to OS-HELP assistance.
Item 32 amends
paragraph 118-1(1)(c) to have the effect of providing that a student is entitled
to OS-HELP assistance if the student is enrolled in a undergraduate course of
study with a higher education provider (the home provider). Item 33
repeals paragraph 118-1(1)(d) and substitutes a new paragraph
to have the effect of providing that a student is entitled to OS-HELP assistance
if the student meets the prior study requirements under section
118-7.
Item 34 amends paragraph 118-1(1)(h) to have the effect of
providing that a student is entitled to OS-HELP assistance if the student has
signed and given a request for Commonwealth assistance to an appropriate officer
of the home provider. Item 35 amends paragraph 118-1(1)(i) to have the
effect of providing that a student is entitled to OS-HELP assistance if the home
provider has selected the student for receipt of OS-HELP
assistance.
Item 36 After section 118-5
Inserts a new
section dealing with prior study requirements for OS-HELP assistance. Proposed
new section 118-7 provides that the prior study requirements for OS-HELP
assistance are that:
• the student has completed units of study in
Australia that count towards the course requirements for the course of study;
and
• the units of study have a total EFTSL value of at least one
EFTSL; and
• the student was a Commonwealth supported student in
relation to the units.
Items 37 and 38 Subparagraph 118-10(a)(i)
and Paragraph 118-10(c)
Section 118-10 deals with the overseas study
requirements for OS-HELP assistance. Item 37 amends subparagraph
118-10(a)(i) to have the effect of providing that one of conditions for the
overseas study requirements for OS-HELP assistance is that the student is
enrolled with the home provider in full time study at an overseas campus or
another higher education provider in full time study at an overseas campus.
Item 38 amends paragraph 118-10(c) by replacing the word “the
provider” with “the home provider”.
Item 39
Subsection 118-15(1)
Amends subsection 118-15(1) to have the effect
of providing that the guidelines for OS-HELP assistance may include principles
that higher education providers must follow when selecting students for receipt
of OS-HELP assistance.
Item 40 Paragraph
137-10(2)(a)
Section 137-10 deals with FEE-HELP debts. Item 40
amends paragraph 137-10(2)(a) to have the effect of providing that the
amount of the FEE-HELP debt is an amount equal to 120% of the loan where the
loan relates to an undergraduate course of study.
Item 41 After
subsection 164-10(1)
Section 164-10 contains general provisions
relating to how the Commonwealth makes advances to higher education providers
and other bodies. Item 41 inserts new subsections 164-10(1A) and
164-10(1B).
Proposed new subsections 164-10(1A)
and 164-10(1B) provide that if the advance exceeds the amount that becomes
payable under the proposed subsection 164-10(1A) or if the provider or other
body uses the advance for a purpose other than that for which it was given under
the proposed subsection 164-10(1B), an amount equal to that excess or that
advance may be:
• deducted from any amount that is payable, or to be
paid, to the provider or body under this Act; or
• recovered by the
Commonwealth from the provider or body as a debt due to the
Commonwealth.
Item 42 Subsection 164-10(2)
Repeals the
subsection 164-10(2) and substitutes a new subsection to have the effect of
providing that the conditions that would be applicable to a payment of the
amount on account of which the advance is made are applicable to that
advance.
Item 43 Subsection 169-20(3)
Section 169-20
deals with exemption from paying student contribution amounts and tuition fees.
Item 43 repeals subsection 169-20(3) and substitutes a new subsection to
have the effect of providing that a student is an exempt student for a unit of
study undertaken with a higher education provider as part of a course of study
with that provider if the provider has awarded the student an exemption
scholarship for the course and the provider awarded the scholarship in
accordance with any requirements specified in the Administration
Guidelines.
Item 44 After subsection 169-20(3)
Inserts
new subsections 169-20(3A) and 169-20(3B).
Proposed new subsection
169-20(3A) provides that a student is an exempt student for a unit of study
undertaken with one higher education provider as part of a course of study with
another provider (the home provider) if:
• the home provider has
awarded the student an exemption scholarship for the course; and
• the
home provider awarded the scholarship in accordance with any requirements
specified in the Administration Guidelines; and
• the student must
undertake the unit because it is required to complete the
course.
Proposed new subsection 169-20(3B) provides that a student is an
exempt student for a unit of study undertaken with one higher education provider
(the host provider) as part of a course of study undertaken with another
if:
• the host provider has awarded the student an exemption for the
unit; and
• the host provider awarded the scholarship in accordance
with any requirements specified in the Administration
Guidelines.
Items 45 and 46 Sections 190-15(note) and
190-15(20)(note)
Technical amendments to the wording of sections
190-15(note) and 190-20(note) substituting reference to “subsection
(1)” with a reference to “subsection (1) or (1A)” as a result
of amendments made by the Higher Education Legislation Amendment Act (No. 2)
2004.
Items 47-50 Paragraphs 193-1(1)(b), 193-1(2A)(b),
193-1(2C)(b) and 193-1(2C)(c)
Section 193-1
contains requirements on higher education providers relating to tax file
numbers.
Item 47 repeals the paragraph 193-1(1)(b) and
substitutes a new paragraph to have the effect of providing that a higher
education provider must notify a person how to meet the tax file number
requirements if the person has, on or before the census date for the unit,
completed, signed and given to the appropriate officer of the provider a request
for Commonwealth assistance in relation to the unit or the course of study
(where the course of study of which the unit forms a part is undertaken with the
provider).
Item 48 amends paragraph 193-1(2A)(b) to have the
effect of providing that Open Learning Australia must notify a person how to
meet the tax file number requirements if a request for Commonwealth assistance
is signed and given to an appropriate officer of Open Learning Australia.
Item 49 amends the wording of paragraph 193-1(2C)(b) as a result of the
amendment made by Item 50. Item 50 repeals the paragraph
193-1(2C)(c).
Item 51 Paragraph 193-1(3)(b)
Amends
paragraph 193-1(3)(b) to have the effect of providing that a higher education
provider must notify a person how to meet the tax file number requirements if
the person has, before receiving OS-HELP assistance, completed, signed and given
to an appropriate officer of the provider a request for Commonwealth
assistance.
Items 52 and 53 Clause 1 of Schedule
1
Amends the dictionary of defined terms in Schedule 1 by adding
definitions of postgraduate course of study and
undergraduate course of
study.
Schedule 2—Amendment of
the Higher Education Support (Transitional Provisions and Consequential
Amendments) Act 2003
Higher Education Support
(Transitional Provisions and Consequential Amendments) Act
2003
Item 1 Item 5 of Schedule 1
Amends item 5 to
the effect that the definition of institution under this item only
applies in relation to Part 1 of Schedule 1.
Item 2 Item 9 of
Schedule 1
Amends item 9 to the effect that the definition of
institution under this item has the same meaning as in Chapter 4A
of the old Act and only applies in relation to Part 2 of Schedule
1.
Item 3 Before item 18 of Part 6 of Schedule 1
Inserts a
new item 17A in Part 6 of Schedule 1 providing transitional arrangements for
reductions in new grants to take account of grants made under section 20A of the
Higher Education Funding Act 1988 (the old Act).
Proposed subitem
17A(1) provides that if the Minister determines a special purpose grant under
section 20A of the old Act for an institution (as defined in that Act) in
respect of a transitional adjustment year, then the amounts of grant payable to
the institution under section 33-1 of the new Act in respect of the year next
following that year, the 2 years next following that year or the 3 years next
following that year, are reduced by amounts that equal in total the amount of
the special purpose grant.
Proposed subitem 17A(2) has the effect of
providing that, for the purposes of item 17A, transitional adjustment
year means the year 2002, 2003 or 2004.
Items 4 Paragraph
20(1)(a) of Schedule 1
Amends paragraph 20(1)(a) to have the effect
of providing that an institution means an institution as defined
for the purposes of Chapter 4 of the old Act.
Item 5 Paragraph
22A(1)(a) of Schedule 1
Amends paragraph 22A(1)(a) to have the effect
of deleting the definition of institution in this paragraph.
Item 6 Paragraph 22A(1)(b) of Schedule 1
Amends paragraph
22A(1)(b) and removes the reference to ‘or body’ in this
paragraph, to the effect that the paragraph refers to a scholarship provided by
an institution (within the meaning of the old Act) or by an institution referred
to in Schedule 1 of the old Act.
Item 7 At the end of item 22A of
Schedule 1
Item 7 clarifies the meaning of institution
for the purposes of item 22A in Schedule 1. For the purposes of item 22A,
institution means an institution or body mentioned either in subsection 34(4) of
the old Act; or in the definition of institution in subsection 98A(1) of the old
Act, or in Schedule 1 of the old Act.
Item 8 After item 23 of Schedule
1
Inserts a new item 23A in Part 6 of Schedule 1 to provide
transitional arrangements for OS-HELP prior study requirements.
Proposed subitem 23A(1) has the effect of providing that item 23A
applies where:
• a student has completed a unit of study in Australia
that counts towards the course requirements for a course of study at an
institution; and
• the student undertook the unit of study at the
institution in a semester; and
• the census date for the course for the
semester is before 1 January 2005; and
• either the course of study was
a designated course of study and the student was a contributing student in
relation to the course, or the student was a merit-based equity scholarship
holder in relation to the course; and
• on or after 1 January 2005, the
student is enrolled in an undergraduate course of study with a higher education
provider (the OS-HELP course) and the unit of study counts towards
the requirements of that course.
Proposed subitem 23A(2) has the effect
of providing that, for the purposes of item 23A, such a unit is a pre HESA
unit and is taken to have an EFTSL value equal to its EFTSU
value.
Proposed subitem 23A(3) has the effect of providing that, where
item 23A applies, the prior study requirements in relation to the OS-HELP course
for the purposes of paragraph 118-1(1)(d) of the new Act are that the sum
of:
• the total EFTSL value of all the pre HESA units of study
completed by the student; and
• the total EFTSL value of all other
units of study (if any) that the student has completed in Australia that count
towards the course requirements for the OS-HELP course and in relation to which
the student was a Commonwealth supported student is at least one
EFTSL.
Proposed subitem 23A(4) defines the terms census
date, contributing student, designated course of
study, EFTSU value and merit-based equity
scholarship holder and institution for the purposes of
item 23A.
Item 9 Item 24 of Schedule 1 (definition of new
Act)
Corrects an error in the definition of new Act for
the purposes of Schedule 1.
Schedule 3—Amendment
of the Australian National University Act
1991
Australian National University Act
1991
Item 1 Subsection 10(7)
Amends subsection
10(7) to increase from 28 days to 60 days the time within which the Minister
must act on written advice from the Nominations Committee of Council
recommending that a person be appointed to the
Council.
Schedule 4—Amendment of the
Australian Research Council Act 2001
Australian
Research Council Act 2001
Item 1 At the end of subsection
48(2)
Inserts a new paragraph 48(2)(d) to add the financial year
starting on 1 July 2007 to the years to which Division 1 of Part 7 of the Act
applies. Division 1 deals with financial assistance for approved research
programs.
Item 2 Paragraphs 49(e), (f) and (g)
Repeals
paragraphs 49(e), (f) and (g) and inserts new paragraphs (e)-(h) to vary the
level of financial assistance for approved research programs for the financial
years starting on 1 July 2004, 1 July 2005 and 1 July 2006 to reflect revised
forward estimates and to provide financial assistance for approved research
programs for the financial year starting on 1 July 2007.