5802

2008-2009

The Parliament of the

Commonwealth of Australia

THE SENATE

Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009

(Amendments to be moved by the Leader of the Nationals in the Senate, Senator Joyce, and Senators Nash and Williams in committee of the whole)

(1)     Schedule 1, item 4, page 3 (line 21), omit “not of an academic nature”, substitute “of the kind specified in subsection (7)”.

[definition of services and amenities]

(2)     Schedule 1, item 4, page 4 (line 6), omit “$125”, substitute “$75”.

[maximum amount of services and amenities fee]

(3)     Schedule 1, item 4, page 4 (line 8), omit “$250”, substitute “$150”.

[maximum amount of services and amenities fee]

(4)     Schedule 1, item 4, page 4 (line 13), omit “ $250 ”, substitute “ $150 ”.

[maximum amount of services and amenities fee]

(5)     Schedule 1, item 4, page 4 (after line 26), after subsection 19-37(6), insert:

             (7)  The services and amenities specified by this subsection are services and amenities associated with sporting and recreational activities and facilities provided by, or on the campus of, the higher education provider.

             (8)  The Student Services and Amenities Fee Guidelines must not provide for the calculation or inclusion of a fee amount for the provision of services and amenities other than those of the kind specified in subsection (7).

             (9)  A higher education provider must not require a person enrolled, or seeking to enrol, with the provider to pay a student services and amenities fee if that person is a *distance education student, unless the person chooses to use the amenities or services for which the fee is charged.

           (10)  In this section, distance education student means a person who is not required to attend the campus of the higher education provider to meet the academic requirements of the course of study in which the person is enrolled, or is seeking to enrol.

[definition of services and amenities]

(6)     Schedule 1, item 5, page 4 (after line 30), before subsection 19-38(1), insert:

          (1A)  A higher education provider must not spend an amount paid to the provider as a *student services and amenities fee to support the provision to students of services and amenities other than those of the kind specified in subsection 19-37(7).

[definition of services and amenities]