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Higher Education Legislation Amendment (2006 Budget and Other Measures) Bill 2006

Schedule 3 Setting student contribution amounts and tuition fees

Part 1 Amendments

Higher Education Support Act 2003

1  Subsection 19-87(2)

Repeal the subsection, substitute:

             (2)  The provider must determine, for places in the unit, one or more * student contribution amounts that are to apply to students who may enrol in the unit during the period.

          (2A)  In determining more than one * student contribution amount under subsection (2), the provider may have regard to any matters the provider considers appropriate, other than matters specified in the Higher Education Provider Guidelines as matters to which a provider must not have regard.

2  Section 19-88

Repeal the section.

3  Subsections 19-90(2) and (3)

Repeal the subsections, substitute:

             (2)  The provider must determine, for the unit, one or more * fees that are to apply to students who may enrol in the unit during the period.

             (3)  In determining more than one * fee under subsection (2), the provider may have regard to any matters the provider considers appropriate, other than matters specified in the Higher Education Provider Guidelines as matters to which a provider must not have regard.

4  Section 19-91

Repeal the section.

5  Paragraph 19-95(2)(a)

Repeal the paragraph, substitute:

                     (a)  ensure that the schedule provides sufficient information to enable a person to work out, for each unit of study the provider provides or is to provide:

                              (i)  the person’s * student contribution amount; and

                             (ii)  if the provider determined more than one student contribution amount for places in a unit under section 19-87—which of those student contribution amounts applies to the person; and

                    (aa)  ensure that the schedule provides sufficient information to enable a person to work out, for each unit of study the provider provides or is to provide:

                              (i)  the person’s * tuition fee; and

                             (ii)  if the provider determined more than one tuition fee for a unit under section 19-90—which of those tuition fees applies to the person; and

6  Sections 19-97 and 19-101

Repeal the sections.

7  Section 19-105

Repeal the section, substitute:

19-105   Meaning of tuition fee

                   A person’s tuition fee for a unit of study is:

                     (a)  if only one fee has been determined for the unit under subsection 19-90(2)—that fee; or

                     (b)  if more than one fee has been determined for the unit under that subsection—the fee determined under that subsection that applies to the person.

8  Subsection 93-5(1)

Repeal the subsection, substitute:

             (1)  A person’s student contribution amount for a unit of study is the amount worked out as follows:

where the person’s student contribution amount for a place in the unit is:

                     (a)  if only one student contribution amount has been determined for places in the unit under subsection 19-87(2)—that student contribution amount; or

                     (b)  if more than one student contribution amount has been determined for places in the unit under that subsection—the student contribution amount determined under that subsection that applies to the person.

9  Subsection 104-4(2)

Repeal the subsection, substitute:

             (2)  * Open Universities Australia must determine, for the unit, one or more * fees that are to apply to students to whom Open Universities Australia provides access to the unit during the period.

       (2AA)  In determining more than one * fee under subsection (2), * Open Universities Australia may have regard to any matters Open Universities Australia considers appropriate, other than matters specified in the FEE-HELP Guidelines as matters to which Open Universities Australia must not have regard.

10  Clause 1 of Schedule 1 (definition of student cohort )

Repeal the definition.

11  Clause 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:

                              (i)  if only one fee has been determined for the unit under subsection 104-4(2)—that fee; or

                             (ii)  if more than one fee has been determined for the unit under that subsection—the fee determined under that subsection that applies to the person.



 

Part 2 Saving provisions

12  Saving provision relating to substitution of subsection 19-90(3) (determination of different tuition fees for different courses)

If, immediately before subsection 19-90(3) of the Higher Education Support Act 2003 was repealed and substituted by this Schedule, a determination made in accordance with that subsection had effect, the determination is taken to continue in effect as if it had been made in accordance with subsection 19-90(3) of that Act as in force after the commencement of this Schedule.

13  Saving provision for determinations of student contribution amounts for student cohorts

(1)       This item applies to a determination (the saved determination ) made by a higher education provider under section 19-88 of the Higher Education Support Act 2003 before that section was repealed by this Schedule.

(2)       Section 19-97 of the Higher Education Support Act 2003 continues to apply in relation to the saved determination despite the repeal of that section by this Schedule.

(3)       The definition, in subsection 93-5(1) of the Higher Education Support Act 2003 , of a person’s student contribution amount for a unit is modified, if:

                     (a)  the person is in the student cohort to which the saved determination relates; and

                     (b)  the saved determination has not been revoked under subitem (4); and

                     (c)  the unit forms part of a course of study with the provider who made the saved determination; and

                     (d)  the person is undertaking the unit with the provider; and

                     (e)  the person satisfies any conditions that apply to the cohort under the saved determination;

so that the person’s student contribution amount for a place in the unit is the student contribution amount for the unit specified in the saved determination.

(4)       The provider may revoke the saved determination if the provider:

                     (a)  does so:

                              (i)  before the date set out in the Higher Education Provider Guidelines; and

                             (ii)  in the circumstances (if any) specified in the Higher Education Provider Guidelines; or

                     (b)  does so with the written approval of the Minister.

(5)       From the time the provider revokes the saved determination, a determination in effect under section 19-87 starts to apply, according to its terms, to the students who were in the cohort.

(6)       Before revoking the saved determination, the provider must notify the students who are in the cohort of the provider’s intention to revoke the determination.

(7)       The Higher Education Provider Guidelines made under the Higher Education Support Act 2003 may provide for matters:

                     (a)  required or permitted by this item to be provided; or

                     (b)  necessary or convenient to be provided in order to carry out or give effect to this item.

(8)       Expressions used in this item that are defined in the Higher Education Support Act 2003 have the same meaning in this item as they have in that Act.

14  Saving provision for determinations of tuition fees for student cohorts

(1)       This item applies to a determination (the saved determination ) made by a higher education provider under section 19-91 of the Higher Education Support Act 2003 before that section was repealed by this Schedule.

(2)       Section 19-97 of the Higher Education Support Act 2003 continues to apply in relation to the saved determination despite the repeal of that section by this Schedule.

(3)       The definition, in section 19-105 of the Higher Education Support Act 2003 , of a person’s tuition fee for a unit is modified, if:

                     (a)  the person is in the student cohort to which the saved determination relates; and

                     (b)  the saved determination has not been revoked under subitem (4); and

                     (c)  the unit forms part of a course of study with the provider who made the saved determination; and

                     (d)  the person is undertaking the unit with the provider; and

                     (e)  the person satisfies any conditions that apply to the cohort under the saved determination;

so that the person’s tuition fee for the unit is the fee for the unit specified in the saved determination.

(4)       The provider may revoke the saved determination if the provider:

                     (a)  does so:

                              (i)  before the date set out in the Higher Education Provider Guidelines; and

                             (ii)  in the circumstances (if any) specified in the Higher Education Provider Guidelines; or

                     (b)  does so with the written approval of the Minister.

(5)       From the time the provider revokes the saved determination, a determination in effect under section 19-90 starts to apply, according to its terms, to the students who were in the cohort.

(6)       Before revoking the saved determination, the provider must notify the students who are in the cohort of the provider’s intention to revoke the determination.

(7)       The Higher Education Provider Guidelines made under the Higher Education Support Act 2003 may provide for matters:

                     (a)  required or permitted by this item to be provided; or

                     (b)  necessary or convenient to be provided in order to carry out or give effect to this item.

(8)       Expressions used in this item that are defined in the Higher Education Support Act 2003 have the same meaning in this item as they have in that Act.