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Higher Education Support (Transitional Provisions and Consequential Amendments) Bill 2003

 

 

 

 

 

 

Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003

 

No. 150, 2003

 

 

 

 

 

An Act to deal with transitional and consequential matters arising from the enactment of the Higher Education Support Act 2003 , and for other purposes

   

   



Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Schedule(s).......................................................................................... 4

4............ Meanings of expressions defined in the Higher Education Support Act 2003          4

Schedule 1—Transitional provisions                                                                             5

Part 1—Transitional arrangement for students under the Higher Education Contribution Scheme         5

Part 2—Transitional arrangement for students under the Post-graduate education loan scheme            9

Part 3—Debts under the Higher Education Funding Act 1988                      12

Part 4—The University of Notre Dame Australia                                                15

Part 5—Avondale College                                                                                            16

Part 6—Other transitional provisions                                                                        17

Schedule 2—Amendments                                                                                                21

Part 1—Appropriations                                                                                                 21

Higher Education Funding Act 1988                                                                     21

Part 2—Transitional financial assistance                                                                  22

Higher Education Funding Act 1988                                                                     22

Part 2A—HEC repayment thresholds for the 2004-05 year of income     23

Higher Education Funding Act 1988                                                                     23

Part 3—Discontinuance of provisions of the Higher Education Funding Act 1988      24

Higher Education Funding Act 1988                                                                     24

Part 4—The Australian National University                                                           26

Australian National University Act 1991                                                              26

Part 5—Australian Maritime College                                                                        36

Maritime College Act 1978                                                                                      36

Part 6—Marcus Oldham College                                                                              44

Higher Education Funding Act 1988                                                                     44

Part 7—Other amendments                                                                                          45

A New Tax System (Family Assistance) (Administration) Act 1999                 45

Bankruptcy Act 1966                                                                                                 45

Disability Services Act 1986                                                                                    45

Equal Opportunity for Women in the Workplace Act 1999                                46

Fringe Benefits Tax Assessment Act 1986                                                              46

Higher Education Funding Act 1988                                                                     46

Income Tax Assessment Act 1936                                                                             50

Income Tax Assessment Act 1997                                                                             51

Social Security Act 1991                                                                                           52

Taxation Administration Act 1953                                                                          54

Taxation (Interest on Overpayments and Early Payments) Act 1983              55

Veterans’ Entitlements Act 1986                                                                             56

 



 

 

Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003

No. 150, 2003

 

 

 

An Act to deal with transitional and consequential matters arising from the enactment of the Higher Education Support Act 2003 , and for other purposes

[ Assented to 19 December 2003 ]

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

19 December 2003

2.  Section 4

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003 .

 

3.  Schedule 1

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003 .

 

4.  Schedule 2, Parts 1 to 3

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003 .

 

5.  Schedule 2, Part 4

The later of:

(a) 1 July 2004; and

(b) the 28th day after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003 .

 

6.  Schedule 2, Part 5

The later of:

(a) 1 March 2004; and

(b) the 28th day after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003 .

 

7.  Schedule 2, Part 6

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003 .

 

8.  Schedule 2, items 95 to 103

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003 .

 

9.  Schedule 2, item 104

18 September 2001

18 September 2001

10.  Schedule 2, items 105 to 108

4 April 2002

4 April 2002

11.  Schedule 2, item 109

18 September 2001

18 September 2001

12.  Schedule 2, item 110

4 April 2002

4 April 2002

13.  Schedule 2, item 111

18 September 2001

18 September 2001

14.  Schedule 2, item 112

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003 .

 

15.  Schedule 2, items 113 to 119A

The later of:

(a) 1 January 2005; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003 .

 

16.  Schedule 2, items 120 to 169

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003 .

 

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4   Meanings of expressions defined in the Higher Education Support Act 2003

                   Expressions used in this Act that are defined in the Higher Education Support Act 2003 have in this Act, unless the contrary intention appears, the same meanings as in that Act.



 

Schedule 1 Transitional provisions

Part 1 Transitional arrangement for students under the Higher Education Contribution Scheme

1  Student contribution amounts for students under the Higher Education Contribution Scheme

(1)        If:

                     (a)  a person is enrolled with an institution in a unit of study that forms part of a course of study that the person started before 1 January 2005; and

                     (b)  the period over which the person is undertaking the unit ends on or before 31 December 2008; and

                     (c)  the person is a contributing student within the meaning of Chapter 4 of the Higher Education Funding Act 1988 ; and

                     (d)  the course is a designated course of study within the meaning of that Chapter; and

                      (f)  the person:

                              (i)  is entitled to HECS-HELP assistance for the unit; or

                             (ii)  would be entitled to HECS-HELP assistance for the unit but for paragraph 90-1(1)(a) or (c), or paragraphs 90-1(1)(a) and (c), of the Higher Education Support Act 2003 ; and

                     (g)  the person has neither:

                              (i)  discontinued his or her enrolment in the course since that commencement (see item 2); nor

                             (ii)  completed the requirements of the course;

then:

                     (h)  if the institution is not (apart from this item) a higher education provider—the institution is taken, for the purposes of the application of the Higher Education Support Act 2003 in relation to the person and the unit, to be a higher education provider; and

                      (i)  if subparagraph (f)(ii) applies and the person is not an excepted student—the person is taken, for the purposes of that Act, to be entitled to HECS-HELP assistance for the unit; and

                      (j)  the person is taken, for the purposes of that Act, to be a Commonwealth supported student in relation to the unit; and

                     (k)  the student contribution amount for the unit is taken, for the purposes of that Act, not to exceed the amount that would be worked out under section 93-5 of that Act if the maximum student contribution amount per place for the unit were worked out under item 3.

(2)        However, this item does not apply if the person has notified an appropriate officer of the institution, under subsection 36-5(3) of the Higher Education Support Act 2003 , that he or she does not wish to be a Commonwealth supported student in relation to the unit.

(3)        In this item:

excepted student has the meaning given by subsection 41(3) of the Higher Education Funding Act 1988 .

2  Discontinuance of enrolments

A person is not taken, for the purposes of subparagraph (1)(g)(i) of item 1, to have discontinued his or her enrolment in a course of study merely because:

                     (a)  the person has taken leave of absence from, or has deferred, the course, with the approval of the institution with which the person is undertaking the course; or

                     (b)  the person transfers his or her enrolment in the course to another course of study at the same level with the same or another institution or higher education provider; or

                     (c)  circumstances have occurred that are specified in the guidelines under item 5 as not amounting to a discontinuance of enrolment.

3  Maximum student contribution amounts per place

(1)        If a person to whom item 1 applies started the course of study in question before 1 January 1997, the maximum student contribution amount per place for the unit is $2,830.

(2)        If a person to whom item 1 applies started the course of study in question on or after 1 January 1997, the maximum student contribution amount per place for the unit is the amount specified in the following table in relation to the funding cluster in which the unit is included.

 

Maximum amounts per place

Item

Funding clusters

Maximum student contribution amount per place

1

Law

$6,283

2

Accounting, Administration, Economics, Commerce

$5,367

3

Humanities

$3,768

4

Mathematics, Statistics

$5,367

5

Behavioural Science, Social Studies

$3,768

6

Computing, Built Environment, Health

$5,367

7

Foreign Languages, Visual and Performing Arts

$3,768

8

Engineering, Science, Surveying

$5,367

9

Dentistry, Medicine, Veterinary Science

$6,283

10

Agriculture

$5,367

11

Education

$3,768

12

Nursing

$3,768

Note:          For the funding clusters in which particular units of study are included, see the Commonwealth Grant Scheme Guidelines made for the purposes of section 33-35 of the Higher Education Support Act 2003 .

(3)        A maximum student contribution amount per place under this item is indexed under Part 5-6 of the Higher Education Support Act 2003 as if:

                     (a)  it was an amount referred to in the table in section 198-5 of that Act; and

                     (b)  the first year of indexation in relation to the amount was the year 2005.

4  Guidelines

(1)        The Minister may, in writing, make guidelines providing for matters:

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

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

(2)        Without limiting subitem (1), the guidelines may provide for:

                     (a)  when a person is taken to have commenced a course of study; and

                     (b)  when a person is taken to have completed the requirements of a course of study.

Any such guidelines have effect, for the purposes of this Schedule, accordingly.

(3)        The guidelines are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .

5  Meaning of institution

In this Schedule:

institution has the same meaning as in the Higher Education Funding Act 1988 .



 

Part 2 Transitional arrangement for students under the Post-graduate education loan scheme

6  FEE-HELP assistance for existing students under the Post-graduate education loan scheme

If:

                     (a)  a person is enrolled with an institution in a unit of study that forms part of a course of study that the person started before 1 January 2005; and

                     (b)  the period over which the person is undertaking the unit ends on or before 31 December 2008; and

                     (c)  the person is an eligible student, within the meaning of section 98B of the Higher Education Funding Act 1988 , for the semester; and

                     (d)  the course is an eligible post-graduate course of study within the meaning of section 98A of that Act; and

                     (e)  the Commonwealth had, under section 98G of that Act, discharged a liability that the person had incurred in relation to the course; and

                      (f)  the person:

                              (i)  is entitled to FEE-HELP assistance for the unit; or

                             (ii)  would be entitled to FEE-HELP assistance for the unit but for paragraph 104-1(1)(a) of the Higher Education Support Act 2003 ; and

                     (g)  the person has neither:

                              (i)  discontinued his or her enrolment in the course since that commencement (see item 7); nor

                             (ii)  completed the requirements of the course;

then:

                     (h)  if the institution is not (apart from this item) a higher education provider—the institution is taken, for the purposes of the application of the Higher Education Support Act 2003 in relation to the person and the unit, to be a higher education provider; and

                      (i)  if subparagraph (f)(ii) applies—the person is taken, for the purposes of that Act, to be entitled to FEE-HELP assistance for the unit; and

                      (j)  the person is taken, for the purposes of that Act, to incur a HECS-HELP debt, and not a FEE-HELP debt, if the Commonwealth makes a loan to the person under section 104-1 of that Act in relation to the unit.

Note:          The effects of the person incurring a HECS-HELP debt rather than a FEE-HELP debt are that the indexation of the debt is limited to changes in the Consumer Price Index (see section 140-5 of the Higher Education Support Act 2003 ), and that voluntary repayments may attract a 10% bonus (see section 151-5 of that Act).

7  Discontinuance of enrolments

A person is not taken, for the purposes of subparagraph (g)(i) of item 6, to have discontinued his or her enrolment in a course of study merely because:

                     (a)  the person has taken leave of absence from, or has deferred, the course, with the approval of the institution with which the person is undertaking the course; or

                     (b)  the person transfers his or her enrolment in the course to another course of study at the same level with the same or another institution or higher education provider; or

                     (c)  circumstances have occurred that are specified in the guidelines under item 8 as not amounting to a discontinuance of enrolment.

8  Guidelines

(1)        The Minister may, in writing, make guidelines providing for matters:

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

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

(2)        Without limiting subitem (1), the guidelines may provide for:

                     (a)  when a person is taken to have commenced a course of study; and

                     (b)  when a person is taken to have completed the requirements of a course of study.

Any such guidelines have effect, for the purposes of this Schedule, accordingly.

(3)        The guidelines are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .

9  Meaning of institution

In this Schedule:

institution has the same meaning as in the Higher Education Funding Act 1988 .



 

Part 3 Debts under the Higher Education Funding Act 1988

10  Conversion of accumulated HEC debts into accumulated HELP debts

(1)        In working out, under section 140-25 of the Higher Education Support Act 2003 , a person’s accumulated HELP debt for the financial year starting on 1 July 2005, if a person incurs an accumulated HEC debt on 1 June 2005, add the debt to the amount under step 1 of the method statement in section 140-5 of that Act.

(2)        The accumulated HELP debt that a person incurs on 1 June 2006 discharges, or discharges the unpaid part of, any accumulated HEC debt that the person incurred on 1 June 2005.

11  Taking account of voluntary payments made under the Higher Education Funding Act 1988 on or after 1 June 2005

If:

                     (a)  on or after 1 June 2005, a person makes a payment to the Commissioner under Division 1 of Part 5A.3 of the Higher Education Funding Act 1988 ; and

                     (b)  the payment would, but for subsection 106N(2A) of that Act, be used in working out the person’s accumulated HEC debt incurred on 1 June in a particular financial year;

in working out, under section 140-25 of the Higher Education Support Act 2003 , a person’s accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 140-5 of that Act.

11A  Taking account of voluntary payments made under the Higher Education Support Act 2003 before 1 June 2005

(1)        If:

                     (a)  on or after 1 January 2005 and before 1 June 2005, a person makes a voluntary repayment to the Commissioner under Division 151 of the Higher Education Support Act 2003 ; and

                     (b)  the payment is in respect of one or more HECS-HELP debts;

in working out, under section 140-25 of that Act, a person’s accumulated HECS-HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 140-5 of that Act.

(2)        If:

                     (a)  on or after 1 January 2005 and before 1 June 2005, a person makes a voluntary repayment to the Commissioner under Division 151 of the Higher Education Support Act 2003 ; and

                     (b)  the payment is in respect of one or more HELP debts that are not HECS-HELP debts;

in working out, under section 143-15 of that Act, a person’s accumulated FEE-HELP/OS-HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 143-5 of that Act.

12  Taking account of HEC assessment debts assessed on or after 1 June 2005

If:

                     (a)  on or after 1 June 2005, the Commissioner makes an assessment under section 106T of the Higher Education Funding Act 1988 ; and

                     (b)  an amount is included in the notice of the assessment that is required to be paid in respect of an accumulated HEC debt under section 106Q of that Act; and

                     (c)  the amount would, but for subsection 106N(2A) of that Act, be used in working out the person’s accumulated HEC debt incurred on 1 June in a particular financial year;

in working out, under section 140-25 of the Higher Education Support Act 2003 , a person’s accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 4 of the method statement in section 140-5 of that Act.

13  Taking account of amendments of assessments of HEC assessment debts on or after 1 June 2005

(1)        If:

                     (a)  on or after 1 June 2005, the Commissioner amends an assessment made under section 106T of the Higher Education Funding Act 1988 of the amount of a person’s HEC assessment debt; and

                     (b)  the HEC assessment debt is increased by the amendment (whether as a result of an increase in the person’s taxable income of an income year or otherwise);

in working out, under section 140-25 of the Higher Education Support Act 2003 , a person’s accumulated HELP debt for the appropriate financial year, add the amount of the increase to the amount of the sum referred to in step 5 of the method statement in section 140-5 of that Act.

(2)        If:

                     (a)  on or after 1 June 2005, the Commissioner amends an assessment made under section 106T of the Higher Education Funding Act 1988 of the amount of a person’s HEC assessment debt; and

                     (b)  the HEC assessment debt is reduced by the amendment (whether as a result of a reduction in the person’s taxable income of an income year or otherwise);

in working out, under section 140-25 of the Higher Education Support Act 2003 , a person’s accumulated HELP debt for the appropriate financial year, add the amount of the reduction to the amount of the sum referred to in step 6 of the method statement in section 140-5 of that Act.

(3)        For the purposes of this item, the appropriate financial year is:

                     (a)  if the amendment is made before 1 June in a financial year—that financial year; or

                     (b)  if the amendment is made on or after 1 June in a financial year—the immediately succeeding financial year.

14  Definitions

In this Part:

accumulated HEC debt has the meaning given by section 106N of the Higher Education Funding Act 1988 .

HEC assessment debt has the meaning given by section 34 of the Higher Education Funding Act 1988 .



 

Part 4 The University of Notre Dame Australia

15  Allocation of Commonwealth Grant Scheme funding to The University of Notre Dame Australia

Until the end of the year 2008, Parts 2-2 and 2-5 of the Higher Education Support Act 2003 apply in relation to The University of Notre Dame Australia as if:

                     (a)  subparagraph 30-1(1)(a)(i) and subsections 36-30(1) and 36-35(1) of that Act included a reference to The University of Notre Dame Australia; and

                     (b)  subsections 30-1(2), 30-10(4), 36-10(5) and 36-30(3) of that Act did not apply.

16  Funding agreements with The University of Notre Dame Australia

Without limiting section 30-25 of the Higher Education Support Act 2003 , a funding agreement with The University of Notre Dame Australia in respect of the year 2008 or an earlier year may specify conditions relating to the enrolment of persons in places that are not allocated in respect of national priorities.



 

Part 5 Avondale College

17  Allocation of Commonwealth Grant Scheme funding to Avondale College

Until the end of the year 2008, Parts 2-2, 2-5 and 3-2 of the Higher Education Support Act 2003 apply in relation to Avondale College as if Avondale College were a higher education provider, but not a Table A provider.



 

Part 6 Other transitional provisions

18  Rollover of 2003 grants made under section 23 of the Higher Education Funding Act 1988

If:

                     (a)  a body receives a grant of financial assistance under section 23 of the old Act during the year 2003; and

                     (b)  the body fails to spend all of that grant in accordance with the old Act in respect of the year 2003; and

                     (c)  the Secretary determines in writing that this paragraph applies to the body;

then so much of the unspent grant amount as the Secretary specifies in relation to the grant will be taken to have been granted to the body under the new Act in respect of the year 2004:

                     (d)  under the section of the new Act that the Secretary specifies in the determination; and

                     (e)  on such conditions as the Secretary specifies in the determination.

19  Rollover of 2004 grants made under the Higher Education Funding Act 1988

If:

                     (a)  a body receives a grant of financial assistance under Chapter 2 of the old Act during the year 2004; and

                     (b)  the body fails to spend all of that grant in accordance with the old Act in respect of the year 2004; and

                     (c)  the Secretary determines in writing that this paragraph applies to the body;

then so much of the unspent grant amount as the Secretary specifies in relation to the grant will be taken to have been granted to the body under the new Act in respect of the year 2005:

                     (d)  under the section of the new Act that the Secretary specifies in the determination; and

                     (e)  on such conditions as the Secretary specifies in the determination.

20  Merit based equity scholarships

(1)        A student who:

                     (a)  before the commencement of the new Act, was awarded a merit-based equity scholarship referred to in subsection 35(7) of the old Act for a course of study at an institution (within the meaning of the old Act); and

                     (b)  continues to undertake that course at the institution after that commencement;

is taken, for the purposes of the new Act, to be an exempt student for all of the units of study that he or she undertakes as part of that course at that institution.

(2)        However, this item does not apply if the institution is not a higher education provider.

21  Marginally funded places

(1)        A higher education provider’s funding agreement under section 30-25 of the new Act for the year 2005, 2006 or 2007 (the grant year ) may specify an allowable number of marginally funded places in respect of that year.

(2)        If such a funding agreement specifies such a number, then, for the purposes of:

                     (a)  deciding whether the provider has an adjustment under subsection 33-25(1) of the new Act for the year following the grant year; and

                     (b)  working out the amount of any such adjustment for the year following the grant year;

the number of Commonwealth supported places that are provided in the grant year is taken to be reduced by the number so specified in that funding agreement.

22  Assessment statements

(1)        A written statement that an assessing body for a listed professional occupation gave to a person, at a time before the commencement of the new Act, is taken to be an assessment statement for the purposes of the new Act if:

                     (a)  the person held a qualification awarded in a foreign country; and

                     (b)  the qualification related to that occupation; and

                     (c)  the person proposed to seek entry to that occupation:

                              (i)  in Australia; or

                             (ii)  if the assessing body was an assessing body of a State or Territory—in that State or Territory; and

                     (d)  the body gave the person a written statement to the effect that, in the body’s opinion, if the person were to do any or all of the following:

                              (i)  successfully undertake additional studies of a kind specified in the statement;

                             (ii)  be successful in one or more examinations specified in the statement;

                            (iii)  successfully undertake a tuition and training program of a kind specified in the statement;

                            the person would meet the requirements for entry to that occupation.

Note:          A statement could specify one of the things mentioned in subparagraph (d)(i), (ii) or (iii) or any combination of the things mentioned in those subparagraphs.

(2)        In this item:

assessing body includes a person or body that, immediately before the commencement of the new Act, was an assessing body for the purposes of Chapter 4B of the old Act.

listed professional occupation includes an occupation that, immediately before that commencement, was a listed professional occupation for the purposes of that Chapter.

occupation includes a part of an occupation that, immediately before that commencement, was an occupation for the purposes of that Chapter.

22A  Fee-waiver scholarships in the year 2004

(1)        The amount or value of a scholarship in respect of the year 2004 is taken not to be income for the purposes of the Social Security Act 1991 if:

                     (a)  the scholarship is provided by an institution (within the meaning of the old Act) or by an institution or body referred to in Schedule 1 to the old Act; and

                     (b)  the scholarship is in the form of a waiver of all of the fees (within the meaning of the old Act) that the person would be liable to pay to the institution or body in connection with a course of study (within the meaning of the old Act); and

                     (c)  the course of study is not a designated course of study (within the meaning of Chapter 4 of the old Act).

(2)        Subitem (1) does not affect whether the amount or value of a scholarship in relation to which that subitem does not apply is income for the purposes of the Social Security Act 1991 .

23  Saving of regulations made for Chapter 5C of the Higher Education Funding Act 1988

(1)        Regulations made for the purposes of paragraphs 106ZQ(2)(a) and (c) and subsection 106ZQ(3) of the old Act that were in force immediately before the repeal of Chapter 5C of the old Act are, on the commencement day, taken to have been made for the purposes of paragraphs 225-25(1)(a) and (c) and subsection 225-25(2) respectively of the new Act.

(2)        On the commencement day, a reference in the regulations made for the purposes of paragraph 106ZQ(2)(a) of the old Act to an application under subsection 106ZQ(1) of the old Act is to be read as a reference to an application under section 225-1 of the new Act.

(3)        In this item:

commencement day is the day that Chapter 6 of the new Act commences.

24  Definitions

In this Schedule:

new Act means the Higher Education Support Bill 2003 .

old Act means the Higher Education Funding Act 1988 .



 

Schedule 2 Amendments

Part 1 Appropriations

Higher Education Funding Act 1988

1  Paragraph 17(p)

Omit “$2,872,293,000”, substitute “$2,990,161,000”.

2  Paragraph 20(3)(p)

Omit “$121,259,000”, substitute “$124,340,000”.

3  Paragraph 22A(5)(l)

Omit “$241,000”, substitute “$247,000”.

4  Paragraph 23C(2)(l)

Omit “$1,137,649,000”, substitute “$1,070,788,000”.

5  Paragraph 24(3)(p)

Omit “$5,402,000”, substitute “$5,539,000”.

6  Paragraph 27A(6)(k)

Omit “$42,101,000”, substitute “$43,170,000”.

7  Paragraph 27D(2)(g)

Omit “$5,400,000”, substitute “$5,537,000”.



 

Part 2 Transitional financial assistance

Higher Education Funding Act 1988

8  After section 110

Insert:

110A   Transitional financial assistance

             (1)  There is payable, to an institution to which financial assistance was payable under Chapter 2 in respect of the year 2004, such amount as the Minister determines in respect of a year referred to in subsection (2).

             (2)  The total of the amounts that are payable under this section must not exceed:

                     (a)  for the year 2005—$21,536,000; and

                     (b)  for the year 2006—$9,411,000; and

                     (c)  for the year 2007—$7,393,000.



 



 

 

 

 

 

 

[ Minister’s second reading speech made in—

House of Representatives on 17 September 2003

Senate on 27 October 2003 ]

(157/03)