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Higher Education Legislation Amendment Bill (No. 3) 2004
Schedule 2 Amendment of the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003

   

1  Item 5 of Schedule 1

Omit “In this Schedule”, substitute “In this Part”.

2  Item 9 of Schedule 1

Repeal the item, substitute:

9  Meaning of institution

In this Part:

institution has the same meaning as in Chapter 4A of the old Act.

3  Before item 18 of Part 6 of Schedule 1

Insert:

17A  Reductions in new grants to take account of grants made under section 20A of the Higher Education Funding Act 1988

(1)       If the Minister determines a special purpose grant under section 20A of the old Act for an institution (as defined in section 4 of 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:

                     (a)  the year next following that year; or

                     (b)  the 2 years next following that year; or

                     (c)  the 3 years next following that year;

are reduced by amounts that equal in total the amount of the special purpose grant.

(2)       In this item:

transitional adjustment year means the year 2002, 2003 or 2004.

4  Paragraph 20(1)(a) of Schedule 1

Omit “(within the meaning of the old Act)”, substitute “(as defined for the purposes of Chapter 4 of the old Act)”.

5  Paragraph 22A(1)(a) of Schedule 1

Omit “(within the meaning of the old Act) or by an institution or body referred to in Schedule 1 to the old Act”.

6  Paragraph 22A(1)(b) of Schedule 1

Omit “or body”.

7  At the end of item 22A of Schedule 1

Add:

(3)       In this item:

institution means an institution or body mentioned in any of the following:

                     (a)  subsection 34(4) of the old Act;

                     (b)  the definition of institution in subsection 98A(1) of the old Act;

                     (c)  Schedule 1 to the old Act.

8  After item 23 of Schedule 1

Insert:

23A  OS-HELP—prior study requirements

(1)       This item applies where:

                     (a)  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

                     (b)  the student undertook the unit of study at the institution in a semester; and

                     (c)  the census date for the course for the semester is before 1 January 2005; and

                     (d)  either:

                              (i)  the course of study was a designated course of study and the student was a contributing student in relation to the course; or

                             (ii)  the student was a merit-based equity scholarship holder in relation to the course; and

                     (e)  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.

(2)       For the purposes of this item, such a unit is a pre-HESA unit and is taken to have an EFTSL value equal to its EFTSU value.

(3)       Where this item 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:

                     (a)  the total EFTSL value of all the pre-HESA units of study completed by the student; and

                     (b)  the total EFTSL value of all other units of study (if any):

                              (i)  that the student has completed in Australia that count towards the course requirements for the OS-HELP course; and

                             (ii)  in relation to which the student was a Commonwealth supported student;

is at least one EFTSL.

(4)       In this item:

census date has the same meaning as in Chapter 4 of the old Act.

contributing student has the same meaning as in Chapter 4 of the old Act.

designated course of study has the same meaning as in Chapter 4 of the old Act.

EFTSU value has the same meaning as in the guidelines made under subsection 39(2) of the old Act.

institution means an institution or body mentioned in any of the following:

                     (a)  subsection 34(4) of the old Act;

                     (b)  the definition of institution in subsection 98A(1) of the old Act;

                     (c)  Schedule 1 to the old Act.

merit-based equity scholarship holder means a student who is exempt under subsection 35(7) of the old Act.

9  Item 24 of Schedule 1 (definition of new Act )

Omit “ Bill ”, substitute “ Act ”.