HIGHER EDUCATION LEGISLATION AMENDMENT (STUDENT SERVICES AND AMENITIES, AND OTHER MEASURES) BILL 2009

Order of the day read for the adjourned debate on the motion of the Parliamentary Secretary for Social Inclusion (Senator Stephens)—That this bill be now read a second time.

Debate resumed.

Document: Senator Xenophon, by leave, tabled the following document:

 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009—Copy of letter from the Minister for Youth (Ms Ellis) to Senator Xenophon, and attachment.

Debate continued.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

In the committee

Bill taken as a whole by leave.

Explanatory memorandum: The Minister for Innovation, Industry, Science and Research (Senator Carr) tabled a supplementary explanatory memorandum relating to the government amendment to be moved to the bill.

On the motion of Senator Carr the following amendment was debated and agreed to:

 Schedule 2, item 2, page 18 (line 16), after "debts", insert "(incurred before, on or after the commencement of the amendment)".

The Leader of The Nationals in the Senate (Senator Joyce) moved the following amendments together by leave:

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

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

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

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

 Schedule 1, item 4, page 4 (after line 26), at the end of subsection 19-37, add:

  (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.

 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).

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

Senator Hanson-Young moved the following amendment:

 Schedule 1, item 6, page 6 (lines 14 to 16), omit subsection 19-67(3).

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

Senator Hanson-Young moved the following amendment:

 Schedule 1, item 5, page 5 (after line 16), after subsection 19-38(3), insert:

  (3A) A higher education provider must consult its *student representative body and must not spend an amount paid to the provider as a *student services and amenities fee other than in accordance with a decision of that body.

  (3B) For the purposes of this section, student representative body means the body of students elected by students to represent their interests to the higher education provider.

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

Senator Hanson-Young moved the following amendment:

 Schedule 1, item 5, page 5 (after line 27), at the end of section 19-38, add:

   Accountability of expenditure

  (6) Each higher education provider must include in each report it prepares for the purposes of section 19-10 the following information in relation to the period covered by the report:

 (a) details of amounts collected as student services and amenities fees during that period;

 (b) details of the expenditure of such amounts paid to the provider.

  (7) Each higher education provider must provide a copy of that information to the department in the form approved by the Minister.

  (8) The department must publish on its website the information it receives under subsection (7).

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES, 6

Senators—

Brown, Bob

Hanson-Young

Ludlam

Milne

Siewert (Teller)

Xenophon

NOES, 41

Senators—

Back

Bernardi

Bilyk

Birmingham

Bishop

Boswell

Bushby (Teller)

Cameron

Carr

Collins

Cormann

Crossin

Farrell

Feeney

Ferguson

Fielding

Fifield

Furner

Heffernan

Hogg

Hurley

Hutchins

Joyce

Kroger

Ludwig

Mason

McEwen

McLucas

Moore

Nash

O'Brien

Parry

Payne

Polley

Pratt

Ryan

Stephens

Troeth

Trood

Williams

Wortley

Question negatived.

After 9.50 pm: The President resumed the chair and the Chair of Committees (Senator Ferguson) reported progress.