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Higher Education Support Amendment (VET FEE-HELP Reform) Bill 2015

Schedule 2 Other amendments

   

Higher Education Support Act 2003

1  After paragraph 137-18(4)(a)

Insert:

                    (aa)  subclause 46A(1) of Schedule 1A (unacceptable conduct);

2  Paragraph 39GD(d) of Schedule 1A

Omit “about re-crediting FEE-HELP balances”, substitute “about repaying VET FEE-HELP assistance”.

3  Clause 46A of Schedule 1A (heading)

Repeal the heading, substitute:

46A   Provider repayment of VET FEE-HELP assistance—unacceptable conduct by provider or provider’s agent

4  Subclause 46A(1) of Schedule 1A (heading)

Repeal the heading, substitute:

Decision that this subclause applies

5  Subclause 46A(1) of Schedule 1A

Omit “re-credit a person’s * FEE-HELP balance with an amount equal to the amounts of * VET FEE-HELP assistance that the person received for a * VET unit of study”, substitute “decide that this subclause applies to a person”.

6  Paragraph 46A(1)(a) of Schedule 1A

Repeal the paragraph, substitute:

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

                    (aa)  the person received * VET FEE-HELP assistance for the unit; and

7  Paragraph 46A(1)(d) of Schedule 1A

Repeal the paragraph, substitute:

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

8  Subclause 46A(1) of Schedule 1A (note)

Repeal the note, substitute:

Note 1:       If this subclause applies, the VET FEE-HELP debt of the person is remitted (see subsection 137-18(4)) and the provider must repay the amount of the VET FEE-HELP assistance to the Commonwealth (see clause 56).

Note 2:       A decision that this subclause does not apply to a person is reviewable under Division 16.

9  Subclause 46A(3) of Schedule 1A

Omit “decision under subclause (1)”, substitute “decision that subclause (1) applies”.

10  Paragraph 46A(3)(c) of Schedule 1A

Repeal the paragraph, substitute:

                     (c)  inviting the applicant and the VET provider to each make written submissions to the Secretary within 28 days on why that decision should not be made; and

11  Subclauses 46A(4) and (5) of Schedule 1A

Omit “decision under subclause (1)”, substitute “decision that subclause (1) applies”.

12  After paragraph 56(1)(a) of Schedule 1A

Insert:

                    (aa)  subclause 46A(1) (unacceptable conduct);

13  Clause 91 of Schedule 1A (table items 2 and 3)

Repeal the items, substitute:

2

A decision that subclause 46A(1) does not apply to a person in relation to a unit of study

subclause 46A(1)

the * Secretary

3

A decision that subclause 46A(1) applies to a person in relation to a unit of study

subclause 46A(1)

the * Secretary

14  Application of amendments

The amendments made by this Schedule apply, or are taken to have applied, in relation to unacceptable conduct engaged in on or after 1 January 2016.

15  Transitional

(1)       In this item:

new law means the Higher Education Support Act 2003 as amended by this Schedule.

Note:       The new law also includes the earlier amendments made by Schedule 1 to this Act.

old law means the Higher Education Support Act 2003 as amended by Schedule 1 to this Act.

transitional period means the period starting on 1 January 2016 and ending on the day before this Schedule commences.

(2)       This item applies if this Schedule commences after 1 January 2016.

(3)       If a thing is done, arises or happens under a provision of the old law at a time during the transitional period, the thing is treated (and may be dealt with) as if it had been done, arisen or happened under the corresponding provision of the new law at the same time.

Example 1:              A decision by the Secretary under subclause 46A(1) of Schedule 1A to the old law is treated as if it were made, at the same time, under that subclause of the new law.

Example 2:              A VET provider’s obligation arising under subclause 56(1) of Schedule 1A to the old law is treated as if it arose, at the same time, under that subclause of the new law.

Example 3:              The remission of a person’s VET FEE-HELP debt under subsection 137-18(4) of the old law is treated as if the remission happened, at the same time, under that subsection of the new law.