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Higher Education and Research Reform Amendment Bill 2014
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Schedule 1 Deregulation, expansion of demand driven system and other measures »

Part 1 Main amendments

Higher Education Support Act 2003

1  Paragraphs 3-10(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  HECS-HELP assistance for tuition fees;

2  Division 5

Repeal the Division, substitute:

Division 5 Application of Act to certain international providers

5-1   Application of Act to certain international providers

International providers

             (1)  This section applies to a higher education provider that:

                     (a)  was not established under the law of the Commonwealth, a State or a Territory; and

                     (b)  does not have its central management and control in Australia.

The higher education provider is an international provider .

Note:          Higher education providers covered by subsection 16-5(1A) are international providers (though others might also be approved).

General application of Act

             (2)  A provision of this Act that is not listed in the table in subsection (3) or referred to in subsection (4) applies to:

                     (a)  the * international provider; and

                     (b)  the * Australian branch of the provider; and

                     (c)  students undertaking or proposing to undertake units of study at the branch.

Modified application

             (3)  The provisions of this Act listed in the table apply to an * international provider in the way set out in the table.

 

Application of Act to international providers

Item

Provision

Application

1

Subdivision 19-C (Quality requirements)

Applies to the * Australian branch of the provider. However, * TEQSA may need to assess the overall performance of the provider as it relates to that branch.

2

Subdivision 19-D (Fairness requirements)

Applies to the * Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

3

Subdivision 19-F (Tuition fee requirements)

Applies to the * Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

4

Part 3-2 (HECS-HELP assistance)

Applies to eligible students of the * Australian branch of the provider, but only for units of study in which the students are enrolled at the Australian branch.

5

Part 3-4 (OS-HELP assistance)

Applies to eligible students of the * Australian branch of the provider.

« 6 »

Part 3-5 (SA-HELP assistance)

Applies to eligible students of the * Australian branch of the provider who are enrolled at the Australian branch in a * course of study or * bridging course for overseas-trained professionals.

7

Chapter 4 (Repayment of loans)

Applies to the * Australian branch of the provider and to students undertaking, or students who undertook, units of study at that branch.

8

Part 5-2 (Administrative requirements on higher education providers)

Applies to the * Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

9

Part 5-3 (Electronic communications)

Applies to the * Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

10

Part 5-4 (Management of information)

Applies to the * Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

11

Part 5-5 ( « Tax » file numbers)

Applies to the * Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

12

Part 5-7 (Review of decisions)

Applies to the * Australian branch of the provider and to students undertaking or proposing to undertake units of study at that branch.

 

Provisions that do not apply to international providers

             (4)  Schedule 1A (VET FEE-HELP Assistance Scheme) does not apply to:

                     (a)  an * international provider; or

                     (b)  the * Australian branch of the international provider; or

                     (c)  students in their capacity as students of that provider or of that branch.

3  Section 13-1

Repeal the section, substitute:

13-1   Simplified outline of this Part

Generally, a body corporate must be a higher education provider as defined in this Part before:

       (a)     it can receive grants under this Chapter; or

      (b)     its students can receive assistance under Chapter 3.

A body corporate is a higher education provider as defined in this Part if the Minister approves it or if it is automatically treated as having been approved. All must be registered higher education providers as defined in the TEQSA Act.

A body corporate’s status (including an automatic status) as a higher education provider can be revoked in circumstances such as a breach of a quality and accountability requirement.

4  Division 16 (heading)

Repeal the heading, substitute:

Division 16 Higher education providers

5  Section 16-1

Repeal the section, substitute:

16-1   Meaning of higher education provider

                   A higher education provider is a * registered higher education provider that is approved under this Division.

Note:          A registered higher education provider has the same meaning as in the TEQSA Act. Under that Act, only a regulated entity may apply to become a registered higher education provider (see section 18 of that Act). A regulated entity is defined to mean:

(a)    a constitutional corporation (meaning a corporation to which paragraph 51(xx) of the Constitution applies); or

(b)    a corporation established by or under a law of the Commonwealth or a Territory; or

(c)    a person who conducts activities in a Territory.

« 6 »   Subsections 16-5(1A) and (2)

Repeal the subsections, substitute:

          (1A)  A body corporate that was a Table C provider immediately before the commencement of Schedule 1 to the Higher Education and Research Reform « Amendment » Act 2014 is taken to be approved as a higher education provider from the commencement of that Schedule. However, this subsection does not prevent the provider from ceasing to be a higher education provider as referred to in subsection (3).

             (2)  A body corporate that is not a higher education provider within the meaning of this Act becomes a higher education provider if approved by the Minister under section 16-25.

7  Section 16-22

Repeal the section.

8  Paragraph 16-25(1)(a)

Repeal the paragraph, substitute:

                     (a)  the body is a * registered higher education provider; and

9  Paragraphs 16-25(1)(b), (da) and (db)

Repeal the paragraphs.

10  After subsection 16-25(2)

Insert:

          (2A)  Despite subsection (3), the Minister may be satisfied that a person is a fit and proper person if * TEQSA advises the Minister that the person is a fit and proper person.

11  Section 16-27

Repeal the section.

12  Paragraph 19-1(f)

Omit “ * compact and academic freedom requirements”, substitute “ * academic freedom requirements”.

13  At the end of Subdivision 19-A of Division 19

Add:

19-2   TEQSA’s role

                   The Minister may have regard to the advice or recommendations of * TEQSA on any matter relating to the * quality and accountability requirements, including whether a higher education provider is willing and able to meet, or meets, those requirements.

14  Section 19-12

Omit “must”, substitute “may”.

15  Subsections 19-35(4) and (5)

Repeal the subsections.

16  Paragraph 19-45(1)(c)

Repeal the paragraph, substitute:

                     (c)  a review procedure for dealing with review of decisions made by the provider relating to assistance under Chapter 3.

17  Subsection 19-45(4)

Repeal the subsection, substitute:

Guidelines may provide for matters relating to reviews

             (4)  The Higher Education Provider Guidelines may provide for matters relating to reviews of decisions made by higher education providers relating to assistance under Chapter 3, including procedures that are to be followed by * review officers when reviewing those decisions.

18  Section 19-50

Repeal the section, substitute:

19-50   Higher education providers to appoint review officers

             (1)  A higher education provider must appoint a * review officer to undertake reviews of decisions made by the provider relating to assistance under Chapter 3.

Note:          The Secretary may delegate to the review officer the power to reconsider decisions of the provider under Division 209—see subsection 238-1(2).

             (2)  A review officer of a higher education provider is a person, or a person included in a class of persons, whom:

                     (a)  the chief executive officer of the provider; or

                     (b)  a delegate of the chief executive officer of the provider;

has appointed to be a review officer of the provider for the purposes of reviewing decisions made by the provider relating to assistance under Chapter 3.

19  Subsection 19-60(1)

Omit “section 36-20 or”.

20  Subsection 19-70(3)

Repeal the subsection.

21  Subdivision 19-F of Division 19 (heading)

Repeal the heading, substitute:

Subdivision 19-F The tuition fee requirements

22  Sections 19-85 to 19-100

Repeal the sections, substitute:

19-85   Basic requirements

             (1)  A higher education provider must charge any * tuition fees it charges students:

                     (a)  in relation to units of study; and

                     (b)  in accordance with this Act.

             (2)  A higher education provider that charges a * domestic student a * tuition fee for a unit of study must issue the student with an invoice specifying the fee.

             (3)  The invoice, and the issue of the invoice, must comply with any requirements prescribed by the Administration Guidelines.

19-100   Limits on fees for courses of study

                   A higher education provider must not charge a * domestic student a * fee for a * course of study that exceeds the sum of the student’s * tuition fees for all of the units of study undertaken with the provider by the student as part of the course.

23  Paragraph 19-102(3)(d)

Repeal the paragraph.

24  Paragraph 19-102(3)(f)

Omit “provider; or”, substitute “provider.”.

25  Paragraph 19-102(3)(g)

Repeal the paragraph.

26  Section 19-105

Repeal the section, substitute:

19-105   Meaning of tuition fee

                   A * fee charged to a student by a higher education provider is a tuition fee for a unit of study to the extent to which the fee is directly in respect of the provision of the unit.

27  Subdivision 19-G of Division 19 (heading)

Repeal the heading, substitute:

Subdivision 19-G The academic freedom requirements

28  Section 19-110

Repeal the section.

29  Subsections 22-10(1), (3) and (5)

Repeal the subsections.

30  After subsection 22-17(1)

Insert:

          (1A)  Despite subsection (2), the Minister may be satisfied that a person is not a fit and proper person if * TEQSA advises the Minister that the person is not a fit and proper person.

31  Section 27-1 (note)

Repeal the note.

32  Section 27-5

Repeal the section, substitute:

27-5   Guidelines

                   The grants payable under this Part are also dealt with in the Commonwealth Grant Scheme Guidelines. The provisions of this Part indicate when a particular matter is, or may be, dealt with in these Guidelines.

Note:          The Commonwealth Grant Scheme Guidelines are made by the Minister under section 238-10.

33  Section 30-1

Repeal the section, substitute:

30-1   Eligibility for grants

                   A grant under this Part is payable, as a benefit to students, to a higher education provider in respect of a year, if there is a funding agreement under section 30-25 between the provider and the Commonwealth in respect of a period that includes that year.

34  Subsection 30-10(1)

Repeal the subsection, substitute:

             (1)  Before the commencement of a year, the Minister may, for that year, allocate a specified * number of Commonwealth supported places to a higher education provider in relation to * designated courses of study.

35  Subsection 30-10(4)

Repeal the subsection.

36  Subsection 30-12(1)

Omit “in relation to a * Table A provider”.

37  After paragraph 30-12(1)(b)

Insert:

                   (ba)  * enabling courses;

38  Sections 30-15 and 30-20

Repeal the sections.

39  Paragraphs 30-25(3)(cb) and (e)

Repeal the paragraphs.

40  At the end of subsection 30-25(3)

Add:

            ; and (h)  requirements in relation to participation in surveys of student satisfaction, employer satisfaction and graduate outcomes; and

                      (i)  requirements in relation to information that the provider must make publicly available.

41  Section 30-27

Repeal the section, substitute:

30-27   Funding agreement may specify maximum basic grant amounts

             (1)  A funding agreement may specify a maximum basic grant amount payable to a higher education provider for a grant year for:

                     (a)  * designated courses of study; and

                     (b)  * non-designated courses of study.

             (2)  The * maximum basic grant amount for a higher education provider for * designated courses of study must not be less than the amount worked out under subsection 33-5(3) for the provider for the grant year.

             (3)  The * maximum basic grant amount for a higher education provider for * non-designated courses of study must not be less than:

                     (a)  if a maximum basic grant amount was specified in the provider’s funding agreement for the preceding year for non-designated courses of study—that specified amount; or

                     (b)  if a maximum basic grant amount was not specified in the provider’s funding agreement for the preceding year for non-designated courses of study—the amount worked out under paragraph 33-5(4)(a) for the provider for the preceding year.

42  Subparagraph 33-1(1)(b)(iii)

Omit “year; and”, substitute “year.”.

43  Subparagraphs 33-1(1)(b)(iv) and (v)

Repeal the subparagraphs.

44  Section 33-5

Repeal the section, substitute:

33-5   Basic grant amounts

             (1)  The basic grant amount for a higher education provider for a year is the sum of:

                     (a)  the amount for * designated courses of study (see subsection (2)); and

                     (b)  the amount for * non-designated courses of study (see subsections (4) and (5)).

Amount for designated courses of study

             (2)  For the purposes of paragraph (1)(a), the amount for * designated courses of study is the lesser of:

                     (a)  the sum of the amounts worked out, for each * funding cluster in which the provider has provided places in designated courses of study, by multiplying:

                              (i)  the * number of Commonwealth supported places provided by the provider in designated courses of study in that funding cluster; by

                             (ii)  the * Commonwealth contribution amount for a place in that funding cluster; and

                     (b)  either:

                              (i)  if there is a * maximum basic grant amount specified in the provider’s funding agreement for designated courses of study—that specified amount; or

                             (ii)  if there is « no » maximum basic grant amount specified in the provider’s funding agreement for designated courses of study—the amount worked out under subsection (3).

             (3)  For the purposes of subparagraph (2)(b)(ii), the amount is the sum of the amounts worked out, for each * funding cluster to which the Minister has allocated places to the provider under section 30-10, by multiplying:

                     (a)  the * number of Commonwealth supported places allocated to that funding cluster; by

                     (b)  the * Commonwealth contribution amount for a place in that funding cluster.

Amount for * non-designated courses of study

             (4)  For the purposes of paragraph (1)(b) and subject to subsection (5), the amount for * non-designated courses of study is the lesser of:

                     (a)  the sum of the amounts worked out, for each * funding cluster in which the provider has provided places in non-designated courses of study, by multiplying:

                              (i)  the * number of Commonwealth supported places provided by the provider in non-designated courses of study in that funding cluster; by

                             (ii)  the * Commonwealth contribution amount for a place in that funding cluster; and

                     (b)  the * maximum basic grant amount specified in the provider’s funding agreement in relation to non-designated courses of study.

             (5)  If a * maximum basic grant amount is not specified in the provider’s funding agreement in relation to * non-designated courses of study, the amount for non-designated courses of study is the amount worked out under paragraph (4)(a).

45  Section 33-10

Repeal the section, substitute:

33-10   Commonwealth contribution amounts

                   The Commonwealth contribution amount , for a place in a * funding cluster, is:

                     (a)  for a place provided by a higher education provider registered under the * TEQSA Act in a provider category that permits the use of the word “university”—the amount specified in the table for the cluster the place is in; or

                     (b)  otherwise—the amount specified in the table for the cluster the place is in, multiplied by 0.70 and rounded down to the nearest dollar.

 

Commonwealth contribution amount

Item

Funding cluster

Commonwealth contribution amount

1

Law, Accounting, Administration, Economics, Commerce

$1,805

2

Humanities, Social Studies, Communications

$ « 6 » ,021

3

Computing, Built Environment, Education, Creative Arts, Behavioural Science, Welfare Studies, Other Health

$9,033

4

Engineering, Science, Surveying, Environmental Science, Allied Health, Nursing, Clinical Psychology, Foreign Languages

$12,045

5

Agriculture, Medicine, Dentistry, Veterinary Science

$18,067

 

Note:          Commonwealth contribution amounts are indexed under Part 5- « 6 » .

46  Section 36-5

Repeal the section, substitute:

36-5   Meaning of Commonwealth supported student

                   A person is a Commonwealth supported student , in relation to a unit of study, if:

                     (a)  the higher education provider with which he or she is enrolled in that unit has advised the person in writing that he or she is a Commonwealth supported student:

                              (i)  in relation to the unit; or

                             (ii)  if the person is undertaking a * course of study with the provider of which the unit forms a part—in relation to that course of study; and

                     (b)  the provider was not prohibited from so advising the person under section 36-10; and

                     (c)  at the end of the * census date for the unit, the person is not prevented from being a Commonwealth supported student under section 36-15.

47  Paragraph 36-10(1)(e)

Repeal the paragraph, substitute:

                     (e)  the person enrolled in the unit on or before the * census date for the unit.

48  Subsections 36-10(3), (4), (5), (7), (8), (9) and (10)

Repeal the subsections.

49  Section 36-15 (heading)

Repeal the heading, substitute:

36-15   Persons prevented from being Commonwealth supported

50  Subsections 36-15(1A) and (1)

Repeal the subsections, substitute:

             (1)  Despite any advice given to a person by a higher education provider, the person is not a * Commonwealth supported student in relation to a unit of study if the person is not enrolled in the unit at the end of the * census date for the unit.

          (1A)  Despite any advice given to a person by a higher education provider, the person is not a * Commonwealth supported student in relation to a unit of study if the person has not done both of the following on or before the * census date for the unit:

                     (a)  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;

                     (b)  given it to an * appropriate officer of the provider.

          (1B)  Despite any advice given to a person by a higher education provider, the person is not a * Commonwealth supported student in relation to a unit of study if:

                     (a)  the unit contributes to the requirements of a * course of study; and

                     (b)  the course of study is, or is to be, undertaken by the person primarily at an overseas campus.

          (1C)  Despite any advice given to a person by a higher education provider, the person is not a * Commonwealth supported student in relation to a unit of study if:

                     (a)  the enrolment is in an * employer reserved place; or

                     (b)  the unit forms part of a * bridging course for overseas-trained professionals; or

                     (c)  the unit forms part of a course to which a determination under subsection (2) applies.

          (1D)  Despite any advice given to a person by a higher education provider, the person is not a * Commonwealth supported student in relation to a unit of study if he or she notifies an * appropriate officer of the provider, in writing on or before the * census date for the unit, that he or she does not wish to be a Commonwealth supported student in relation to the unit.

51  Sections 36-20 to 36-24C

Repeal the sections.

52  Subdivision 36-C of Division 36 (heading)

Repeal the heading.

53  Paragraph 36-25(1)(b)

Repeal the paragraph, substitute:

                     (b)  the provider is not prohibited under section 36-10 from so advising the person.

54  Subsection 36-25(2)

Omit “ * Table A”, substitute “higher education”.

55  Subsection 36-25(2)

Omit “Table A”, substitute “higher education”.

56  Paragraph 36-25(2)(c)

Repeal the paragraph, substitute:

                     (c)  the host provider is not prohibited under section 36-10 from so advising the person.

57  Subsection 36-25(3)

Omit “subparagraph 36-5(1)(a)(ii)”, substitute “subparagraph 36-5(a)(ii)”.

58  Sections 36-30 and 36-40

Repeal the sections, substitute:

36-30   Providers to enrol persons as Commonwealth supported students

             (1)  If:

                     (a)  a person is to be enrolled with a higher education provider in a unit of study; and

                     (b)  the unit forms part of an * undergraduate course of study; and

                     (c)  the provider is not prohibited under section 36-10 from advising the person that he or she is a * Commonwealth supported student in relation to the unit;

the provider must advise the person that he or she is a Commonwealth supported student in relation to the unit.

             (2)  Subsection (1) does not apply in relation to an * undergraduate course of study that the Minister, by legislative instrument, determines is a * course of study to which subsection (1) does not apply.

59  Subdivision 36-D of Division 36

Repeal the Subdivision.

60  Section 36-55

Repeal the section, substitute:

36-55   Conditions relating to tuition fees

             (1)  A higher education provider must charge any * tuition fees it charges persons who are not * Commonwealth supported students in accordance with the requirements prescribed by the Commonwealth Grant Scheme Guidelines.

             (2)  A higher education provider must not charge a * Commonwealth supported student a * tuition fee for a unit of study the student undertakes as part of an * enabling course.

61  Section 41-1 (note)

Repeal the note.

62  Section 41-10

Repeal the section, substitute:

41-10   Eligibility for grants under this Part

             (1)  Subject to subsections (2) and (3), a body corporate is eligible for grants under this Part in respect of a year for any of the following purposes:

                     (a)  to promote equality of opportunity in higher education;

                     (b)  to promote the productivity of higher education providers;

                     (c)  to support national institutes specified in the Other Grants Guidelines for the purposes of this paragraph;

                     (d)  to support the capital development projects of higher education providers;

                     (e)  to assist with the cost of higher education providers’ superannuation liabilities;

                      (f)  to support research by, and the research capability of, higher education providers;

                     (g)  to support the training of research students;

                     (h)  to foster collaboration in higher education;

                      (i)  to foster structural adjustment or reform in higher education;

                      (j)  for activities that:

                              (i)  assure and enhance the quality of Australia’s higher education sector; or

                             (ii)  foster an understanding of the importance of, or promote research and scholarship in, science, social science or the humanities in Australia; or

                            (iii)  support open access to higher education across Australia.

             (2)  The Other Grants Guidelines may prescribe matters relating to eligibility to receive a grant for a purpose specified in subsection (1). If the Guidelines do so, a body corporate is not eligible to receive such a grant except in accordance with the Guidelines.

             (3)  If the Other Grants Guidelines:

                     (a)  specify a program under which grants for a particular purpose specified in subsection (1) are to be paid; and

                     (b)  specify extra conditions of eligibility to receive a grant under the program;

then a body corporate is not eligible for such a grant unless it complies with those extra conditions.

63  Subsection 41-15(1)

Omit “the table in”.

64  Subsection 41-50(1)

Omit “the table in section 41-10”, substitute “subsection 41-10(1)”.

65  Section 46-1 (note)

Repeal the note.

66  Paragraph 46-13(c)

Repeal the paragraph, substitute:

                     (c)  a student of a higher education provider that has a funding agreement with the Commonwealth under section 30-25 satisfies those requirements; and

67  Section 46-15

Repeal the section, substitute:

46-15   Eligibility of higher education providers to receive grants for certain Commonwealth scholarships

             (1)  Subject to subsection (3), higher education providers that have a funding agreement with the Commonwealth under section 30-25 are eligible to receive a grant from the Commonwealth to pay, as a benefit to students, indirectly-paid standard * Commonwealth scholarships to their students.

             (2)  Subject to subsection (3), * Table A providers, and higher education providers that are registered under the * TEQSA Act in a provider category that permits the use of the word “university”, are eligible to receive a grant from the Commonwealth to pay, as a benefit to students, postgraduate research * Commonwealth scholarships.

             (3)  The Commonwealth Scholarship Guidelines may prescribe matters relating to eligibility to receive a grant referred to in subsection (1) or (2). If the Guidelines do so, a higher education provider is not eligible to receive such a grant except in accordance with the Guidelines.

             (4)  A provider that is eligible to receive a grant under subsection (1) or (2) is an eligible scholarship provider .

68  Section 51-1 (note)

Repeal the note.

69  Section 65-1

Repeal the section, substitute:

65-1   Simplified outline of this Chapter

The Commonwealth provides 3 kinds of assistance to students:

       (a)     HECS-HELP assistance—to meet a student’s liability to pay tuition fees for units of study; and

      (b)     OS-HELP assistance—for a student who, as part of his or her course of study, is to study overseas; and

       (c)     SA-HELP assistance—for a student on whom a student services and amenities fee is imposed.

The Commonwealth pays the assistance to the relevant higher education provider, either (in the case of HECS-HELP assistance and SA-HELP assistance) to discharge the student’s liability or (in the case of OS-HELP assistance) to pay to students on the Commonwealth’s behalf.

The assistance is in the form of a loan from the Commonwealth to the student (Chapter 4 deals with repayment of loans).

70  Section 87-1

Repeal the section, substitute:

87-1   Simplified outline of this Part

A student may be entitled to HECS-HELP assistance for units of study if certain requirements are met.

The amount of assistance to which the student may be entitled is based on the student’s tuition fees for the units, less any up-front payments. The assistance is paid to a higher education provider or, if the student accesses units through Open Universities Australia, that body, to discharge the student’s liability to pay his or her tuition fees.

Amounts of assistance may form part of a person’s HELP debts that the Commonwealth recovers under Part 4-2.

71  Section 87-5 (note 1)

Omit “Note 1”, substitute “Note”.

72  Section 87-5 (note 2)

Repeal the note.

73  Divisions 90 to 96

Repeal the Divisions.

74  Part 3-3 (heading)

Repeal the heading.

75  Division 101

Repeal the Division.

76  Division 104 (heading)

Repeal the heading, substitute:

Division 104 Who is entitled to HECS-HELP assistance?

77  Section 104-1 (heading)

Repeal the heading, substitute:

104-1   Entitlement to HECS-HELP assistance

78  Subsection 104-1(1)

Omit “ * FEE-HELP” (first occurring), substitute “ * HECS-HELP”.

79  Paragraphs 104-1(1)(b), (c) and (d)

Repeal the paragraphs, substitute:

                     (c)  the * census date for the unit is on or after the 1 January on which this paragraph commences; and

80  Subsection 104-1(2)

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

81  Section 104-2

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

82  Section 104-3 (heading)

Repeal the heading, substitute:

104-3   Failure by Open Universities Australia to comply with HECS-HELP Guidelines etc.

83  Subsection 104-3(1)

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

84  Subsections 104-3(1) and (2)

Omit “FEE-HELP Guidelines”, substitute “HECS-HELP Guidelines”.

85  Paragraph 104-3(2)(f)

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

86  Subsection 104-3(3)

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

87  Section 104-4 (heading)

Repeal the heading, substitute:

104-4   Open Universities Australia’s obligations in relation to tuition fees and census dates

88  Subsection 104-4(1)

Omit “FEE-HELP Guidelines”, substitute “HECS-HELP Guidelines”.

89  Subsections 104-4(2), (2AA) and (2A)

Repeal the subsections, substitute:

             (2)  * Open Universities Australia must charge any * tuition fees it charges students:

                     (a)  in relation to units of study; and

                     (b)  in accordance with this Act.

          (2A)  If * Open Universities Australia charges a student a * tuition fee for a unit of study during the period, it must issue the student with an invoice specifying the fee.

          (2B)  The invoice, and the issue of the invoice, must comply with any requirements prescribed by the HECS-HELP Guidelines.

90  Subparagraphs 104-4(5A)(a)(i) and (ii)

Omit “FEE-HELP Guidelines”, substitute “HECS-HELP Guidelines”.

91  Subsection 104-4( « 6 » )

Repeal the subsection, substitute:

Consequence of failure to set census date

             ( « 6 » )  If * Open Universities Australia does not determine a * census date in accordance with subsection (5) for the unit for the period, « no » student to whom Open Universities Australia provides access to the unit for that period is entitled to * HECS-HELP assistance for the unit.

92  Subsections 104-10(1) and (2)

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

93  Paragraph 104-10(2)(b)

Omit “FEE-HELP”, substitute “HECS-HELP”.

94  Subdivision 104-B of Division 104 (heading)

Repeal the heading, substitute:

Subdivision 104-B Provider repayment of HECS-HELP assistance

95  Sections 104-15 to 104-27

Repeal the sections, substitute:

104-25   Provider repayment of HECS-HELP assistance—special circumstances

             (1)  A higher education provider must, on the * Secretary’s behalf, determine that this subsection applies to a person if:

                     (a)  the person has been enrolled in a unit of study with the provider; and

                     (b)  access to the unit was not provided by * Open Universities Australia; and

                     (c)  the person received * HECS-HELP assistance for the unit; and

                     (d)  the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake the unit; and

                     (e)  the provider is satisfied that special circumstances apply to the person (see section 104-30); and

                      (f)  the person applies in writing to the provider for the remission of the person’s * HECS-HELP debt in relation to the unit; and

                     (g)  either:

                              (i)  the application is made before the end of the application period under section 104-35; or

                             (ii)  the provider, on request made « no » later than 2 years after the end of that period, waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

Note:          If this subsection applies, the HECS-HELP debt of the person is remitted (see subsection 137-10(4)) and the provider must repay the amount of the HECS-HELP assistance to the Commonwealth (see section 110-5).

             (2)  * Open Universities Australia must, on the * Secretary’s behalf, determine that this subsection applies to a person if:

                     (a)  Open Universities Australia provided the person with access to a unit of study; and

                     (b)  the person received * HECS-HELP assistance for the unit; and

                     (c)  the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and

                     (d)  Open Universities Australia is satisfied that special circumstances apply to the person (see section 104-30); and

                     (e)  the person applies in writing to Open Universities Australia for remission of the person’s * HECS-HELP debt in relation to the unit; and

                      (f)  either:

                              (i)  the application is made before the end of the application period under section 104-35; or

                             (ii)  Open Universities Australia, on request made « no » later than 2 years after the end of that period, waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

Note:          If this subsection applies, the HECS-HELP debt of the person is remitted (see subsection 137-10(4)) and Open Universities Australia must repay the amount of the HECS-HELP assistance to the Commonwealth (see section 110-5).

             (3)  If a higher education provider or * Open Universities Australia is unable to act for one or more of the purposes of subsection (1) or (2), or section 104-30, 104-35 or 104-40, the * Secretary may act as if one or more of the references in those provisions to the provider or Open Universities Australia were a reference to the Secretary.

             (4)  If a determination made under this section is made in writing, the determination is not a legislative instrument.

96  Subsection 104-30(1)

Omit “paragraph 104-25(1)(c)”, substitute “paragraph 104-25(1)(e)”.

97  Subsection 104-30(2)

Repeal the subsection, substitute:

             (2)  The Administration Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (1)(a), (b) or (c). A decision of a higher education provider under this section must be in accordance with any such guidelines.

98  Subsection 104-30(3)

Omit “paragraph 104-25(2)(c)”, substitute “paragraph 104-25(2)(d)”.

99  Paragraph 104-35(1)(a)

Omit “104-25(1)(d) for the re-crediting of the person’s * FEE-HELP balance”, substitute “paragraph 104-25(1)(f)”.

100  Paragraph 104-35(1A)(a)

Omit “104-25(2)(d) for the re-crediting of the person’s * FEE-HELP balance”, substitute “104-25(2)(e)”.

101  Paragraph 104-40(1)(a)

Omit “104-25(1)(d)”, substitute “104-25(1)(f)”.

102  Paragraph 104-40(1)(b)

After “provider”, insert “, on request made « no » later than 2 years after the end of that period,”.

103  Paragraph 104-40(1A)(a)

Omit “104-25(2)(d)”, substitute “104-25(2)(e)”.

104  Paragraph 104-40(1A)(b)

After “Australia”, insert “, on request made « no » later than 2 years after the end of that period,”.

105  Section 104-42

Repeal the section, substitute:

104-42   Provider repayment of HECS-HELP assistance—provider ceases to provide course

             (1)  A higher education provider must, on the * Secretary’s behalf, determine that this subsection applies to a person if:

                     (a)  the person has been enrolled in a unit of study with the provider; and

                     (b)  the person received * HECS-HELP assistance for the unit; and

                     (c)  the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and

                     (d)  the * tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and

                     (e)  the person chose the option designated under the tuition assurance requirements as tuition fee repayment in relation to the unit.

Note:          If this subsection applies, the HECS-HELP debt of the person is remitted (see subsection 137-10(4)) and the provider must repay the amount of the HECS-HELP assistance to the Commonwealth (see section 110-5).

             (2)  If the provider is unable to make the determination referred to in subsection (1), the * Secretary may make the determination.

             (3)  If a determination made under this section is made in writing, the determination is not a legislative instrument.

106  Subsections 104-55(1) and (3), 104-60(1) and 104-65(1)

Omit “FEE-HELP Guidelines”, substitute “HECS-HELP Guidelines”.

107  Division 107 (heading)

Repeal the heading, substitute:

Division 107 How are amounts of HECS-HELP assistance worked out?

108  Section 107-1

Repeal the section, substitute:

107-1   The amount of HECS-HELP assistance for a unit of study

The amount of * HECS-HELP assistance to which a student is entitled for a unit of study is the difference between:

                     (a)  the student’s * tuition fee for the unit; and

                     (b)  the sum of any * up-front payments made in relation to the unit.

109  Subsection 107-5(1)

Repeal the subsection, substitute:

             (1)  An up-front payment , in relation to a unit of study, is a payment of all or part of the student’s * tuition fee for the unit, other than a payment of * HECS-HELP assistance under this Part.

110  Section 107-10

Repeal the section.

111  Division 110 (heading)

Repeal the heading (not including the note), substitute:

Division 110 How are amounts of HECS-HELP assistance paid?

112  Subsection 110-1(1)

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

113  Paragraph 110-1(1)(a)

Omit “FEE-HELP”, substitute “HECS-HELP”.

114  Subsection 110-1(2)

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

115  Paragraph 110-1(2)(a)

Omit “FEE-HELP”, substitute “HECS-HELP”.

116  Section 110-5

Repeal the section, substitute:

110-5   Repayment of HECS-HELP assistance by providers

             (1)  A higher education provider must pay to the Commonwealth an amount equal to the amount of * HECS-HELP assistance a person received for a unit of study with the provider if any of the following applies to the person in relation to the unit:

                     (a)  subsection 104-25(1) (special circumstances);

                     (b)  subsection 104-42(1) (course ceasing);

                     (c)  subsection 193-10(1) ( « no » « tax » file number).

Note:          The person’s HECS-HELP debt in relation to the unit will also be remitted (see subsection 137-10(4)).

             (2)  Subsection (1) does not apply to a higher education provider because of the application of subsection 104-25(1) to the person in relation to the unit if the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the * tuition assurance requirements.

             (3)  The Higher Education Provider Guidelines may, in setting out the * tuition assurance requirements, specify, in relation to circumstances to which subsection (2) of this section applies:

                     (a)  the amount (if any) that is to be paid to the Commonwealth; and

                     (b)  the person (if any) who is to pay the amount.

             (4)  * Open Universities Australia must pay to the Commonwealth an amount equal to the amount of * HECS-HELP assistance a person received for a unit of study to which Open Universities Australia provided access if any of the following applies to the person in relation to the unit:

                     (a)  subsection 104-25(2) (special circumstances);

                     (b)  subsection 193-10(2) ( « no » « tax » file number).

117  Section 129-1

Omit “(which may attract a repayment bonus)”.

118  Section 134-1

Omit “FEE-HELP assistance,” (first occurring).

119  Paragraph 137-1(b)

Repeal the paragraph.

120  Sections 137-5 and 137-10

Repeal the sections, substitute.

137-10   HECS-HELP debts

Incurring HECS-HELP debts

             (1)  A person incurs a debt to the Commonwealth if, under section 110-1, the Commonwealth:

                     (a)  makes a loan to the person; and

                     (b)  uses the amount lent to make a payment in discharge of the person’s liability to pay his or her * tuition fee for a unit of study.

The debt is a HECS-HELP debt .

             (2)  The amount of the * HECS-HELP debt is the amount of the loan.

When HECS-HELP debts are incurred

             (3)  A * HECS-HELP debt is taken to have been incurred by a person immediately after the * census date for the unit, whether or not the Commonwealth has made a payment in respect of the person’s * tuition fee for the unit.

Remission of HECS-HELP debts

             (4)  A person’s * HECS-HELP debt in relation to a unit of study is taken to be remitted if any of the following applies to the person in relation to the unit (even if subsection 110-5(2) applies to the provider in relation to the unit):

                     (a)  subsection 104-25(1) or (2) (special circumstances);

                     (b)  subsection 104-42(1) (course ceasing);

                     (c)  subsection 193-10(1) or (2) ( « no » « tax » file number).

121  Subsection 140-5(1) (example)

Omit “2011” (wherever occurring), substitute “2014”.

122  Subsection 140-5(1) (example)

Omit “(which includes a voluntary repayment bonus of $25)”.

123  Subsection 140-5(1) (example)

Omit “ « 2012 » ” (wherever occurring), substitute “2015”.

124  Subsection 140-5(1) (example)

Omit “2010-11”, substitute “2013-14”.

125  Section 148-1

Omit “In some cases these may attract a 5% repayment bonus.”.

126  Section 151-5

Repeal the section.

127  Subparagraph 154-55(1)(a)(i)

Omit “or * FEE-HELP assistance”.

128  Paragraph 154-55(2)(a)

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

129  Sections 169-15 and 169-20

Repeal the sections.

130  Subsection 187-1(2)

Omit “or * FEE-HELP assistance”.

131  Subsection 193-1(1) (heading)

Repeal the heading, substitute:

Requests for HECS-HELP assistance—requirements on higher education providers

132  Paragraph 193-1(1)(c)

Omit “or * FEE-HELP assistance”.

133  Subsection 193-1(2A) (heading)

Repeal the heading, substitute:

Requests for HECS-HELP assistance—requirements on Open Universities Australia

134  Paragraph 193-1(2A)(c)

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

135  Subsection 193-1(5)

Repeal the subsection, substitute:

Cases where there is « no » obligation to notify

             (5)  This section does not apply to a person if:

                     (a)  the person, in the * request for Commonwealth assistance, requests * HECS-HELP assistance, * OS-HELP assistance or * SA-HELP assistance, but the person is not entitled to the assistance; or

                     (b)  the person, in the request for Commonwealth assistance, requests * HECS-HELP assistance in relation to a unit of study, but one or more * up-front payments for the unit have been made totalling 100% of the person’s * tuition fee for the unit.

Note:          In the circumstances set out in paragraph (5)(b), the HECS-HELP assistance would not involve any loan by the Commonwealth to the person.

136  Section 193-5

Repeal the section.

137  Section 193-10 (heading)

Repeal the heading, substitute:

193-10   « No » entitlement to HECS-HELP assistance for students without « tax » file numbers

138  Paragraph 193-10(1)(e)

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

139  Subsection 193-10(1) (note)

Repeal the note, substitute:

Note:          If this subsection applies, the HECS-HELP debt of the person is remitted (see subsection 137-10(4)) and the provider must repay the amount of the HECS-HELP assistance to the Commonwealth (see section 110-5).

140  Paragraph 193-10(2)(e)

Omit “ * FEE-HELP”, substitute “ * HECS-HELP”.

141  Subsection 193-10(2) (note)

Repeal the note, substitute:

Note:          If this subsection applies, the HECS-HELP debt of the person is remitted (see subsection 137-10(4)) and Open Universities Australia must repay the amount of the HECS-HELP assistance to the Commonwealth (see section 110-5).

142  Subsection 198-5(1) (table items 3 and 4)

Repeal the items.

143  Section 206-1 (table items 1A, 2 and 2A)

Repeal the items, substitute:

 

2

A decision that subsection 104-25(1) does not apply to a person in relation to a unit of study

section 104-25

(a) the higher education provider with whom the student is enrolled in the unit; or

(b) if the * Secretary made the decision that the subsection does not apply—the Secretary

2A

A decision that subsection 104-25(2) does not apply to a person in relation to a unit of study

section 104-25

(a) * Open Universities Australia; or

(b) if the * Secretary made the decision that the subsection does not apply—the Secretary

 

144  Section 206-1 (note 1)

Omit “1A,”.

145  Subsection 209-1(2) (note 1)

Omit “section 36-20 or”.

146  Subsection 238-1(2)

Repeal the subsection, substitute:

             (2)  The * Secretary may, in writing, delegate to a * review officer of a higher education provider the Secretary’s powers under Division 209 to reconsider * reviewable decisions made by the provider relating to Chapter 3.

147  Subsection 238-10(1) (table item 1)

Omit “section 36-21”, substitute “section 104-30”.

148  Subsection 238-10(1) (table item 2)

Omit “; section 93-10”.

149  Subsection 238-10(1) (table items 4 and 11)

Repeal the items.

150  Subsection 238-10(1A)

Omit “ * Table C”, substitute “ * international”.

151  Subclause 1(1) of Schedule 1

Insert:

academic freedom requirements are the requirements set out in Subdivision 19-G.

152  Subclause 1(1) of Schedule 1 (definition of Australian branch )

Omit “a * Table C”, substitute “an * international”.

153  Subclause 1(1) of Schedule 1 (paragraph (a) of the definition of Australian branch )

Omit “body corporate that is listed in Table C in section 16-23”, substitute “international provider”.

154  Subclause 1(1) of Schedule 1 (definition of Commonwealth contribution amount )

Repeal the definition, substitute:

Commonwealth contribution amount has the meaning given by section 33-10.

155  Subclause 1(1) of Schedule 1 (definition of compact and academic freedom requirements )

Repeal the definition.

156  Subclause 1(1) of Schedule 1 (definition of eligible scholarship provider )

Omit “subsection 46-15(3)”, substitute “subsection 46-15(4)”.

157  Subclause 1(1) of Schedule 1 (definition of exempt student )

Repeal the definition.

158  Subclause 1(1) of Schedule 1 (definition of FEE-HELP assistance )

Repeal the definition.

159  Subclause 1(1) of Schedule 1 (definition of FEE-HELP balance )

Repeal the definition.

160  Subclause 1(1) of Schedule 1 (definition of FEE-HELP debt )

Repeal the definition.

161  Subclause 1(1) of Schedule 1 (definition of FEE-HELP limit )

Repeal the definition.

162  Subclause 1(1) of Schedule 1

Insert:

funding cluster means a group of disciplines set out together in an item of the table in section 33-10 in the column headed “Funding cluster”.

163  Subclause 1(1) of Schedule 1 (definition of funding clusters )

Repeal the definition.

164  Subclause 1(1) of Schedule 1 (definition of HECS-HELP debt )

Omit “137-5”, substitute “137-10”.

165  Subclause 1(1) of Schedule 1 (definition of HECS-HELP discount )

Repeal the definition.

166  Subclause 1(1) of Schedule 1

Insert:

international provider has the meaning given by subsection 5-1(1).

167  Subclause 1(1) of Schedule 1 (definition of maximum student contribution amount for a place )

Repeal the definition.

168  Subclause 1(1) of Schedule 1 (definition of national priority )

Repeal the definition.

169  Subclause 1(1) of Schedule 1 (paragraph (a) of the definition of request for Commonwealth assistance )

Repeal the paragraph, substitute:

                     (a)  in relation to a person enrolling in a unit of study with a higher education provider (where access to the unit is not provided by * Open Universities Australia)—means a document, in the form approved by the Minister, in which the person 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; and

170  Subclause 1(1) of Schedule 1 (definition of student contribution amount )

Repeal the definition.

171  Subclause 1(1) of Schedule 1 (definition of student contribution amount for a place )

Repeal the definition.

172  Subclause 1(1) of Schedule 1 (definition of Table C provider )

Repeal the definition.

173  Subclause 1(1) of Schedule 1 (paragraph (b) of the definition of tuition fee )

Repeal the paragraph, substitute:

                     (b)  in relation to a unit of study, access to which is provided by * Open Universities Australia—means a * fee charged to a student by Open Universities Australia to the extent to which the fee is directly in respect of the provision of the unit.

174  Subclause 1(1) of Schedule 1 (definition of up-front payment )

Omit “section 93-15 or”.

Tertiary Education Quality and Standards Agency Act 2011

175  At the end of subsection 158(3)

Add:

            ; and (d)  the circumstances in which fees may be refunded.

176  Section 192

Repeal the section, substitute:

192   Disclosing information to the Minister and Secretary

             (1)  For the purposes of administering « laws » relating to higher education, TEQSA may disclose information covered by subsection (2) to:

                     (a)  the Minister; or

                     (b)  a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984 ; or

                     (c)  the Secretary.

             (2)  This subsection covers the following information:

                     (a)  higher education information;

                     (b)  information that would be higher education information but for paragraph (c) of the definition of higher education information .

Note:          This section allows TEQSA to disclose personal information (within the meaning of the Privacy Act 1988 ) for the purposes of administering a law relating to higher education.

Part 2 Application, saving and transitional provisions

Division 1—Introduction

177  Definitions

In this Part:

commencement day means the day this Schedule commences.

preserved funding student has the meaning given by item 178.

Division 2—Preserving certain funding arrangements

178  Preserved funding students

(1)       If subitem (2), (3) or (4) applies in relation to a person at a time before 1 January 2021, the person is a preserved funding student for the purposes of this Part. « No » person can be a preserved funding student on or after 1 January 2021.

(2)       This subitem applies in relation to a person at a time if:

                     (a)  on 13 May 2014, the person was enrolled as a Commonwealth supported student in a unit that forms part of a course of study with a higher education provider; and

                     (b)  at all times since 13 May 2014, the person has been either:

                              (i)  enrolled as a Commonwealth supported student in a unit that forms part of a course of study with a higher education provider; or

                             (ii)  on an approved break.

(3)       This subitem applies in relation to a person at a time if:

                     (a)  on or before 13 May 2014, the person accepted an offer from a higher education provider of a place as a Commonwealth supported student in a course of study; and

                     (b)  as at 13 May 2014, the provider had approved the person’s deferral of enrolment in the course; and

                     (c)  at all times since 13 May 2014, the person has been either:

                              (i)  enrolled as a Commonwealth supported student in a unit that forms part of a course of study with a higher education provider; or

                             (ii)  on an approved break.

(4)       This subitem applies in relation to a person if:

                     (a)  as at 13 May 2014:

                              (i)  the person had accepted an offer from a higher education provider of a place as a Commonwealth supported student in a course of study; and

                             (ii)  the period for enrolment in the course of study had not ended; and

                     (b)  before the end of that period, the person enrolled as a Commonwealth supported student in one or more units that formed part of the course of study; and

                     (c)  at all times since the person did so, the person has been either:

                              (i)  enrolled as a Commonwealth supported student in a unit that forms part of a course of study with a higher education provider; or

                             (ii)  on an approved break.

(5)       A person is on an approved break at a time for the purposes of this item if any of the following applies at the time:

                     (a)  a higher education provider has formally approved the person’s deferring the commencement of, or taking leave from, a course of study and the approval is in effect;

                     (b)  the only reason the person is not currently enrolled in a unit of study with a higher education provider is that the time is not during the provider’s standard academic periods;

                     (c)  the person completed a course of study with a higher education provider less than 12 months ago and intends to begin another course of study that has not yet commenced;

                     (d)  the person meets the requirements in the Administration Guidelines made under the Higher Education Support Act 2003 .

( « 6 » )       The Administration Guidelines made under the Higher Education Support Act 2003 may prescribe requirements for the purposes of paragraph (5)(d).

179  Transitional provision to cap fees

(1)       If a preserved funding student is enrolled with a higher education provider in a unit of study as a Commonwealth supported student, the provider must not charge, as the person’s tuition fee for the unit, an amount that exceeds the amount worked out as follows:

           

(2)       The maximum student contribution amount for a place in a unit of study is the amount that would have been the maximum student contribution amount for a place in that unit under section 93-10 of the Higher Education Support Act 2003 if:

                     (a)  section 93-10 of that Act, and the funding clusters mentioned in the table in that section, as in force immediately before the commencement day were still in force; and

                     (b)  the amounts mentioned in Column 2 of the table in that section had been indexed and replaced on each 1 January on and after 1 January 2016 in accordance with Part 5- « 6 » of that Act as in force on the relevant 1 January.

(3)       Except as provided by subitem (2), an expression that is used in the Higher Education Support Act 2003 has the same meaning in this item as in that Act. This subitem does not affect the operation of section 11B of the Acts Interpretation Act 1901 in relation to other items of this Schedule.

180  Transitional provision to preserve funding

(1)       In working out the basic grant amount for a higher education provider for a year for the purposes of Division 33 of the Higher Education Support Act 2003 , use the Commonwealth contribution amount in subitem (2) in relation to places in a funding cluster that are provided to preserved funding students.

(2)       For the purposes of subitem (1), the Commonwealth contribution amount for a place in a funding cluster is the amount that, under subitem (3), is taken to be specified in the following table.

 

Commonwealth contribution amount: preserved funding students

Item

Funding cluster

Commonwealth contribution amount

1

Law, Accounting, Administration, Economics, Commerce

$1,961

2

Humanities

$5,447

3

Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health

$9,637

4

Education

$10,026

5

Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts

$11,852

« 6 »

Nursing

$13,232

7

Engineering, Science, Surveying

$16,850

8

Dentistry, Medicine, Veterinary Science, Agriculture

$21,385

(3)       On 1 January 2016 and each subsequent 1 January, an amount specified in the table is to be indexed under Part 5- « 6 » of the Higher Education Support Act 2003 , as if it were an amount referred to in the table in section 198-5 of that Act. The indexed amount (or if the amount is not indexed because its indexation factor is 1 or less, the unindexed amount) is taken to be the amount specified in the table on and from that 1 January.

(4)       Commonwealth Grant Scheme Guidelines made for the purposes of section 33-35 of the Higher Education Support Act 2003 and in force immediately before the commencement day continue to have effect for the purposes of subitem (1).

(5)       Except as provided by subitem (2), an expression that is used in the Higher Education Support Act 2003 has the same meaning in this item as in that Act. This subitem does not affect the operation of section 11B of the Acts Interpretation Act 1901 in relation to other items of this Schedule.

Division 3—Other application, saving and transitional provisions

181  Tuition fee requirements

(1)       The following amendments made by this Schedule apply in relation to units of study that have a census date on or after the commencement day:

                     (a)  the amendments of Subdivision 19-F of Division 19 of the Higher Education Support Act 2003 ;

                     (b)  the amendments made by item 89.

(2)       Section 19-100 of the Higher Education Support Act 2003 as amended by this Schedule applies on and after the commencement day in relation to a course of study that a student was undertaking, but had not completed, immediately before that day, as if the reference to the sum of the student’s tuition fees for units of study undertaken by the student included a reference to the student’s student contribution amounts (if any) for units of study that had a census date before the commencement day.

182  Savings provision in relation to student contribution/tuition fee repayment option

A reference in the Higher Education Support Act 2003 to a person choosing the option designated under the tuition assurance requirements as tuition fee repayment in relation to a unit of study includes a reference to the option designated under those requirements as student contribution/tuition fee repayment.

183  Grants

The amendments of Divisions 30, 33, 41 and 46 of the Higher Education Support Act 2003 made by this Schedule apply in relation to years commencing on and after the commencement day.

184  Indexation of Commonwealth contribution amounts under Part 5- « 6 »

A Commonwealth contribution amount referred to in section 33-10 of the Higher Education Support Act 2003 as amended by this Schedule is not to be indexed on 1 January 2016.

185  Commonwealth supported students

(1)       The Minister may, before the commencement day, allocate places under section 30-10 of the Higher Education Support Act 2003 for the year beginning on the commencement day, in accordance with that section as it will be in force on that day.

(2)       The amendments of Division 36 of the Higher Education Support Act 2003 made by this Schedule apply in relation to units of study that have a census date on or after the commencement day.

186  Transitional provision for bodies currently eligible for grants under section 41-10

(1)       This item applies to a body corporate if, immediately before the commencement day, the body corporate was specified in the Other Grants Guidelines for the purposes of an item of the table in subsection 41-10(1) of the Higher Education Support Act 2003 .

(2)       Despite the repeal of the table, the body corporate continues to be eligible for a grant under subsection 41-10(1) of the Act as amended by this Schedule for an equivalent purpose, until the Minister amends the Other Grants Guidelines in a way that prevents the body corporate from being eligible for a grant for the purpose.

187  Transitional provision for bodies currently ineligible for grants under section 41-10

(1)       This item applies to a body corporate if, immediately before the commencement day, the body corporate was not eligible for a grant for a purpose specified in an item of the table in subsection 41-10(1) of the Higher Education Support Act 2003 .

(2)       Despite the amendments of that section made by this Schedule, the body corporate continues not to be eligible for a grant under that section for an equivalent purpose, until the Minister amends the Other Grants Guidelines in a way that allows the body corporate to be eligible for a grant for the purpose.

188  Transitional provision about eligibility for section 46-15 Commonwealth scholarship grants

(1)       This item applies to a higher education provider if, immediately before the commencement day, the provider was not eligible to receive a grant of a kind referred to in section 46-15 of the Higher Education Support Act 2003 .

(2)       Despite the amendments of that section made by this Schedule, the provider continues not to be eligible to receive such a grant, until the Minister amends the Commonwealth Scholarship Guidelines in a way that allows the provider to be eligible for such a grant.

189  HELP loan amendments

(1)       The following amendments made by this Schedule apply in relation to assistance for units of study that have a census date on or after the commencement day:

                     (a)  the repeal of Divisions 90 to 96 of the Higher Education Support Act 2003 ;

                     (b)  the amendments of Division 104;

                     (c)  the amendments of Division 107;

                     (d)  the amendments of Division 110;

                     (e)  the amendments of Division 137.

(2)       A HELP debt incurred and not discharged before the commencement day continues to be a HELP debt for the purposes of the operation of Part 4-1 of the Higher Education Support Act 2003 on and after that day.

190  HELP assistance given before commencement

(1)       The Higher Education Support Act 2003 applies on and after the commencement day as if a reference in a provision of the Act specified in subitem (2) to HECS-HELP assistance included a reference to:

                     (a)  HECS-HELP assistance under Part 3-2 of the Act as in force before the commencement day; and

                     (b)  FEE-HELP assistance under Part 3-3 of the Act as in force before the commencement day.

(2)       For the purposes of subitem (1), the provisions are the following:

                     (a)  section 104-25;

                     (b)  section 104-42;

                     (c)  section 110-5;

                     (d)  section 154-55;

                     (e)  section 193-10.

(3)       The Higher Education Support Act 2003 applies on and after the commencement day as if a reference in subsection 137-10(4) of that Act to a HECS-HELP debt in relation to a unit of study included a reference to:

                     (a)  a HECS-HELP debt incurred before the commencement day; and

                     (b)  a FEE-HELP debt incurred before the commencement day.

(4)       If, immediately before the commencement day, a valid application had been made under section 36-20 or 104-25 of the Higher Education Support Act 2003 but not determined, the application is to be determined after the commencement day in accordance with the Act as amended by this Schedule, as if the application had been made under section 104-25 as amended.

(5)       Subparagraph 104-25(2)(f)(ii) of the Higher Education Support Act 2003 as amended by this Schedule applies in relation to circumstances that occurred, and periods that began, before, on or after the commencement day.

191  Reviewable decisions made before commencement day

(1)       If, before the commencement day, a decision referred to in item 1A, 2 or 2A of the table in section 206-1 of the Higher Education Support Act 2003 was made, then, after the commencement day, the following decision is taken to have been made instead of the decision that was actually made:

                     (a)  for a decision referred to in item 1A or 2 of the table—a decision that subsection 104-25(1) does not apply to the person;

                     (b)  for a decision referred to in item 2A of the table—a decision that subsection 104-25(2) does not apply to the person.

(2)       Item 190 of this Schedule applies in relation to the decision that is taken to have been made.

(3)       Subitem (1) does not have the effect of changing the day the original decision was made.

192  Savings provision in relation to section 36-21 guidelines

Administration Guidelines made for the purposes of section 36-21 of the Higher Education Support Act 2003 and in force immediately before the commencement day continue to have effect after the commencement day as if they had been made for the purposes of subsection 104-30(2) of that Act. The Guidelines as continued by this item may be amended or repealed as if they were Guidelines made under section 238-10 of the Act.

193  Voluntary repayment amendments

The amendments made by this Schedule in relation to voluntary repayments apply in relation to a voluntary repayment made on or after the commencement day, regardless of when the debt to which the repayment relates was incurred.

194  Termination of funding agreements

A funding agreement ceases to be in force at the start of the commencement day if the agreement:

                     (a)  was made before the day this Act receives the Royal Assent; and

                     (b)  was in force immediately before the commencement day.

195  Transitional rules

The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule or any other Schedule of this Act.

Part 3 Consequential amendments

Australian National University Act 1991

196  Subsection 41(2)

Omit “(2)”.

197  Subsection 41(2)

Omit “student contribution amounts and”.

198  Paragraph 43(b)

Repeal the paragraph.

199  Paragraph 50(2)(u)

Omit “student contribution amounts and”.

Education Services for Overseas Students Act 2000

200  Subparagraph 9AB(1)(b)(ii)

Omit “a Table C”, substitute “an international”.

201  Section 16

Repeal the section, substitute:

16   Only Australian residents and international providers may be registered

                   A registered provider must be:

                     (a)  a resident of Australia; or

                     (b)  an international provider (within the meaning of the Higher Education Support Act 2003 ).

Note:          The Minister may take action under Division 1 of Part  « 6 » against a registered provider that has breached this section.

Income « Tax » Assessment Act 1936

202  Subsection 82A(2) (paragraph (ba) of the definition of expenses of self-education )

Repeal the paragraph.

Income « Tax » Assessment Act 1997

203  Paragraph 26-20(1)(ca)

Repeal the paragraph, substitute:

                    (ca)  a tuition fee (within the meaning of the Higher Education Support Act 2003 ) paid to a higher education provider for a unit of study in relation to which you are a Commonwealth supported student for the purposes of that Act; or

Part 4 Amendments of Guidelines

Commonwealth Grant Scheme Guidelines  « 2012 »

204  Paragraph 7.5.1 (table)

Repeal the table, substitute:

 

Funding cluster

Unit description

FOE code

Funding cluster 1

Law, accounting, administration, economics, commerce

Management and Commerce

0800

Law

0909

Economics and Econometrics

0919

Food, Hospitality and Personal Services

1100

Mixed Field Programmes

1200

Funding cluster 2

Humanities, social studies and communications

Political Science and Policy Studies

0901

Studies in Human Society

0903

Justice and Law Enforcement

0911

Librarianship, Information Management and Curatorial Studies

0913

Language and Literature 1

0915

English Language

091501

Linguistics

091521

Literature

091523

Language and Literature not elsewhere classified

091599

Philosophy and Religious Studies

0917

Other Society and Culture

0999

Communication and Media Studies 1

1007

Journalism

100703

Written Communication

100705

Verbal Communication

100707

Communication and Media Studies not elsewhere classified

100799

Funding cluster 3

Computing, behavioural science, welfare studies, built environment, education, visual and performing arts, other health

Information Technology

0200

Architecture and Building

0400

Public Health

0613

Complementary Therapies

0619

Other Health

0699

Education

0700

Human Welfare Studies and Services

0905

Behavioural Science 2

0907

Sport and Recreation

0921

Performing Arts

1001

Visual Arts and Crafts

1003

Graphic and Design Studies

1005

Audio Visual Studies

100701

Other Creative Arts

1099

Funding cluster 4

Engineering, science, nursing, environmental studies, allied health, clinical psychology, languages

Mathematical Sciences

0101

Physics and Astronomy

0103

Chemical Sciences

0105

Earth Sciences

0107

Biological Sciences

0109

Other Natural and Physical Sciences 1

0199

Forensic Science

019903

Food Science and Biotechnology

019905

Pharmacology

019907

Laboratory Technology

019909

Natural and Physical Sciences not elsewhere classified

019999

Engineering and Related Technologies

0300

Environmental Studies

0509

Other Agriculture, Environmental and related Studies

0599

Nursing

0603

Pharmacy

0605

Optical Science

0609

Radiography

0615

Rehabilitation Therapies

0617

Clinical psychology 3

090701

Northern European Languages

091503

Southern European Languages

091505

Eastern European Languages

091507

Southwest Asian and North African Languages

091509

Southern Asian Languages

091511

Southeast Asian Languages

091513

Eastern Asian Languages

091515

Australian Indigenous Languages

091517

Translating and Interpreting

091519

Funding cluster 5

Dentistry, medicine, veterinary science, agriculture

Medical Science

019901

Agriculture

0501

Horticulture and Viticulture

0503

Forestry Studies

0505

Fisheries Studies

0507

Medical Studies

0601

Dental Studies

0607

Veterinary Studies

0611

1.   Units of study within these narrow fields of education (4-digit level) should generally be assigned to a detailed field ( « 6 -digit level). However, if the unit of study cannot be assigned to a detailed field, the unit can be assigned to the appropriate narrow field listed in the table for the purposes of determining its funding cluster.

2.   Excluding clinical psychology, which is in Cluster 4.

3.   Clinical psychology units of study are in Cluster 4 and are psychology units of study (Field of Education code 090701) that contribute to courses that are accredited for the purposes of professional registration by the Australian Psychological Society (APS) College of Clinical Psychologists, the APS College of Clinical Neuropsychologists, the APS College of Counselling Psychologists, the APS College of Educational & Developmental Psychologists, the APS College of Forensic Psychologists, the APS College of Health Psychologists, the APS College of Sport Psychologists or the APS College of Community Psychologists.

Part 5 Repeals of instruments

Higher Education (Designated Courses of Study) Specification 2011

205  The whole of the Determination

Repeal the Determination.