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Schedule 1 — Amendments commencing day after Royal Assent
Part 1 — Student identifier requirements
Higher Education Support Act 2003
1 Paragraph 36-10(1)(f)
Omit “the person has a * student identifier immediately before the census date”, substitute “the person meets the * student identifier requirements for the purposes of this paragraph (see subsection (2C))”.
2 Before subsection 36-10(2)
Insert:
When a person meets the citizenship or residency requirements
3 After subsection 36-10(2B)
Insert:
When a person meets the student identifier requirements
(2C) A person meets the * student identifier requirements for the purposes of paragraph (1)(f) if:
(a) the person has a student identifier immediately before the census date; and
(b) before the census date, the person notifies the person’s student identifier to:
(i) an * appropriate officer of the higher education provider; and
(ii) the * Secretary.
(2D) A notification under paragraph (2C)(b) may be included in a * request for Commonwealth assistance that the person has given to the higher education provider in relation to:
(a) the unit of study for which the assistance is sought; or
(b) the * course of study of which the unit forms a part; or
(c) any other unit of study forming part of that course.
4 Paragraph 104-1(1)(ga)
Omit “the student has a * student identifier immediately before the census date”, substitute “the student meets the * student identifier requirements under subsection (5)”.
5 At the end of section 104-1
Add:
When a student meets the student identifier requirements
(5) A student meets the * student identifier requirements under this subsection if:
(a) the student has a student identifier immediately before the census date; and
(b) before the census date, the student notifies the student’s student identifier to:
(i) an * appropriate officer of the higher education provider; and
(ii) the * Secretary.
(6) A notification under paragraph (5)(b) may be included in a * request for Commonwealth assistance that the student has given to the higher education provider in relation to:
(a) the unit of study for which the assistance is sought; or
(b) the * course of study of which the unit forms a part; or
(c) any other unit of study forming part of that course.
6 Paragraph 118-1(1)(hb)
Omit “the student has a * student identifier immediately before the student made the application”, substitute “the student meets the * student identifier requirements under section 118-12”.
7 After section 118-10
Insert:
118-12 Student identifier requirements
(1) The * student identifier requirements for * OS-HELP assistance are that:
(a) the student in question had a student identifier immediately before the student made the application referred to in paragraph 118-1(1)(hb); and
(b) before making, or at the time of making, the application referred to in paragraph 118-1(1)(hb), the student notified the student’s student identifier to:
(i) an * appropriate officer of the higher education provider; and
(ii) the * Secretary.
(2) A notification under paragraph (1)(b) may be included in a * request for Commonwealth assistance that the student has given to the higher education provider in relation to:
(a) the unit of study for which the assistance is sought; or
(b) the * course of study of which the unit forms a part; or
(c) any other unit of study forming part of that course.
8 Paragraph 126-1(1)(e)
Omit “the student has a * student identifier immediately before the day on which the fee is payable”, substitute “the student meets the * student identifier requirements under section 126-10”.
9 At the end of Division 126
Add:
126-10 Student identifier requirements
(1) A student meets the * student identifier requirements under this section in relation to a * student services and amenities fee imposed on the student by a higher education provider if:
(a) the student has a student identifier immediately before the day on which the fee is payable; and
(b) before making, or at the time of making, the * request for Commonwealth assistance referred to in paragraph 126-1(1)(d), the student notifies the student’s student identifier to:
(i) an * appropriate officer of the higher education provider; and
(ii) the * Secretary.
(2) A notification under paragraph (1)(b) may be included in the * request for Commonwealth assistance by the student referred to in paragraph 126-1(1)(d).
10 Application provisions
(1) The amendments of section 36-10 of the Higher Education Support Act 2003 made by this Part apply in relation to any unit of study with a census date that is on or after the day this Part commences (whether the unit of study is part of a course of study commenced before, on or after that day).
(2) The amendments of section 104-1 of the Higher Education Support Act 2003 made by this Part apply in relation to determining entitlement to FEE-HELP assistance for units of study with a census date that is on or after the day this Part commences.
(3) The amendment of section 118-1 of the Higher Education Support Act 2003 made by this Part, and section 118-12 of that Act as inserted by this Part, apply in relation to applications for receipt of OS-HELP assistance that are made on or after the day this Part commences.
(4) The amendment of section 126-1 of the Higher Education Support Act 2003 made by this Part, and section 126-10 of that Act as inserted by this Part, apply in relation to requests for Commonwealth assistance in relation to a student services and amenities fee that are made on or after the day this Part commences.
Part 2 — Student learning entitlement —enabling courses
Higher Education Support Act 2003
11 Section 70-1
Omit:
A person’s SLE amount is reduced as the person undertakes units of study as a Commonwealth supported student. The person’s SLE amount may also be re-credited in certain circumstances.
substitute:
A person’s SLE amount is reduced as the person undertakes units of study as a Commonwealth supported student. A unit of study undertaken as part of an enabling course does not reduce the person’s SLE amount. The person’s SLE amount may also be re-credited in certain circumstances.
12 Paragraph 76-1(1)(a)
After “ * course of study”, insert “(other than an * enabling course)”.
13 Application provision
The amendment of section 76-1 of the Higher Education Support Act 2003 made by this Part applies in relation to an enabling course whether the course is provided before or after the commencement of this Part.
Part 3 — Microcredential courses
Higher Education Support Act 2003
14 After subparagraph 104-10(1)(b)(i)
Insert:
(ia) the course of study is a * microcredential course; or
15 Subclause 1(1) of Schedule 1 (after paragraph (c) of the definition of course of study )
Insert:
; or (d) in Part 3-3 and any other provision of this Act, to the extent that the provision applies, or relates, to * FEE-HELP assistance (and without limiting paragraph (a), (b) or (c) of this definition)—a * microcredential course.
16 Subclause 1(1) of Schedule 1
Insert:
microcredential course means a course of instruction:
(a) that consists of one or more units of study; and
(b) that meets the requirements specified in the FEE-HELP Guidelines.
Higher Education Support Act 2003
17 Paragraph 36-24B(2)(b)
Repeal the paragraph, substitute:
(b) pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96-1, 96-2 or 96-3.
18 Paragraph 36-24BB(2)(b)
Repeal the paragraph, substitute:
(b) pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96-1, 96-2 or 96-3.
19 Paragraph 36-24BC(2)(b)
Repeal the paragraph, substitute:
(b) pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96-1, 96-2 or 96-3.
20 Subsection 110-5(1)
Omit “the amount of FEE-HELP assistance to which the person was entitled for the unit”, substitute “the amount (if any) that was paid to the provider for the unit under subsection 110-1(1)”.
21 Subsection 110-5(2)
Omit “the amount of FEE-HELP assistance to which the person was entitled for the unit”, substitute “the amount (if any) that was paid to Open Universities Australia for the unit under subsection 110-1(2)”.
Tertiary Education Quality and Standards Agency Act 2011
22 Subsection 26A(7)
Repeal the subsection, substitute:
Information and documents related to tuition protection
(7) The Up-front Payments Guidelines may specify either or both of the following:
(a) information or documents that a registered higher education provider must keep records of for the purposes of the tuition protection requirements;
(b) information or documents that a registered higher education provider must give to the * Secretary in accordance with subsection (8).
23 Subsection 26A(8)
Omit “subsection (7)”, substitute “paragraph (7)(b)”.