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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Higher
Education Funding Amendment Bill 2001
No.
, 2001
(Education, Training and Youth
Affairs)
A Bill for an Act to amend
legislation relating to higher education, and for related
purposes
ISBN: 0642 458782
Contents
Australian Research Council Act
2001 3
Higher Education Funding Act
1988 3
Innovation and Education Legislation Amendment Act
2001 4
Bankruptcy Act
1966 5
Higher Education Funding Act
1988 5
Australian National University Act
1991 10
Higher Education Funding Act
1988 12
A Bill for an Act to amend legislation relating to higher
education, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Higher Education Funding Amendment Act
2001.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Item 11 of Schedule 1 commences, or is taken to have
commenced, immediately after the commencement of the Innovation and Education
Legislation Amendment Act 2001.
Subject to section 2, 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this Act is amended or repealed as set out in the applicable items in the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.
Australian Research
Council Act 2001
1 Paragraph 48(b)
Omit “2002.”, substitute “2002;”.
2 At the end of
section 48
Add:
(c) the year 2003.
3 Paragraph 49(b)
Repeal the paragraph, substitute:
(b) for the year 2002—$270,376,000; and
(c) for the year 2003—$339,183,000.
Higher Education Funding
Act 1988
4 Paragraphs 17(l), (m) and
(n)
Repeal the paragraphs, substitute:
(l) in the case of the year 2000—$3,425,879,000; and
(m) in the case of the year 2001—$2,728,871,000; and
(n) in the case of the year 2002—$2,828,336,000; and
(o) in the case of the year 2003—$2,814,602,000.
5 Paragraphs 20(3)(m) and
(n)
Repeal the paragraphs, substitute:
(m) in the case of the year 2001—$100,000,000; and
(n) in the case of the year 2002—$106,472,000; and
(o) in the case of the year 2003—$97,079,000.
6 Paragraph 22A(5)(j)
Repeal the paragraph, substitute:
(j) for the year 2002—$235,000; and
(k) for the year 2003—$235,000.
7 Paragraphs 23C(2)(i) and
(j)
Repeal the paragraphs, substitute:
(i) for the year 2001—$977,318,000; and
(j) for the year 2002—$1,052,494,000; and
(k) for the year 2003—$1,081,201,000.
8 Paragraph 24(3)(n)
Repeal the paragraph, substitute:
(n) in the case of the year 2002—$5,281,000; and
(o) in the case of the year 2003—$5,281,000.
9 Paragraph 27A(6)(i)
Repeal the paragraph, substitute:
(i) for the year 2002—$41,156,000; and
(j) for the year 2003—$41,156,000.
10 Paragraph 27D(2)(e)
Repeal the paragraph, substitute:
(e) in the case of the year 2002—$5,278,000; and
(f) in the case of the year 2003—$5,278,000.
Innovation
and Education Legislation Amendment Act 2001
11 Schedule 1
Repeal the Schedule.
1 At the end of subsection
82(1)
Add:
Note: The operation of this section in relation to
accumulated HEC debts and semester debts under the Higher Education Funding
Act 1988 is affected by section 106YA of that Act.
2 At the end of subsection
153(1)
Add:
Note: The operation of this section in relation to
accumulated HEC debts and semester debts under the Higher Education Funding
Act 1988 is affected by section 106YA of that Act.
Higher Education Funding
Act 1988
3 After section 106Y
Insert:
(1) This section applies in relation to a bankruptcy if:
(a) before the bankrupt’s bankruptcy date, the bankrupt
incurred:
(i) an accumulated HEC debt; or
(ii) a semester debt or semester debts; or
(iii) both; and
(b) that debt or those debts had not been discharged before the bankruptcy
date.
Debts related to pre-bankruptcy period are provable
(2) Subject to subsection (5), the following are taken to be provable
debts for the purposes of the Bankruptcy Act:
(a) the pre-bankruptcy part of the bankrupt’s accumulated HEC
debt;
(b) the unpaid part of the semester debt, or of each of the semester
debts.
Note 1: An accumulated HEC debt and a semester debt can be
discharged and replaced by a new accumulated HEC debt through the operation of
sections 106N and 106O.
Note 2: If an accumulated HEC debt, or a semester debt that
the bankrupt incurred before the bankrupt’s bankruptcy date, is discharged
and replaced in this way:
(a) it ceases to be a provable debt; and
(b) subsections (6) and (7) of this section can apply
to the new accumulated HEC debt; and
(c) for that purpose, a pre-bankruptcy part for the
bankrupt’s new accumulated HEC debt is calculated under
subsections (8) and (9).
Debts related to post-bankruptcy period not provable
(3) To avoid doubt, the following are taken not to be provable debts for
the purposes of the Bankruptcy Act:
(a) the bankrupt’s accumulated HEC debt (apart from the
pre-bankruptcy part of that debt);
(b) any semester debt incurred by the bankrupt on or after the
bankrupt’s bankruptcy date.
Dividend taken to be voluntary payment
(4) A dividend paid under the Bankruptcy Act to the Commonwealth in
respect of:
(a) the pre-bankruptcy part of the bankrupt’s accumulated HEC debt;
or
(b) a semester debt mentioned in subsection (1);
is taken for the purposes of this Part to be money that the bankrupt has
directed to be applied in payment of that debt.
No release on discharge from bankruptcy
(5) Section 153 of the Bankruptcy Act does not operate to release the
bankrupt from the following:
(a) all or any part of the accumulated HEC debt;
(b) a semester debt mentioned in subsection (1).
Replacement of accumulated HEC debt
(6) If:
(a) subsections (2) to (5) apply to an accumulated HEC debt (the
old HEC debt) of the bankrupt (including because of a previous
application of this subsection or subsection (7)); and
(b) the old HEC debt is discharged under section 106O because the
bankrupt incurred another accumulated HEC debt (the replacement HEC
debt) under section 106N;
then:
(c) after the replacement HEC debt is incurred, those subsections apply
(subject to any later application of this subsection) to the replacement HEC
debt instead of the old HEC debt; and
(d) for that purpose:
(i) a proof of debt under the Bankruptcy Act in relation to the
pre-bankruptcy part of the old HEC debt (including because of a previous
application of this subsection or subsection (7)) is taken to relate, to
the extent of that proof, to the pre-bankruptcy part of the replacement HEC
debt; and
(ii) if at the time the old HEC debt is discharged under
section 106O, a semester debt of the bankrupt is also discharged under that
section—a proof of debt under the Bankruptcy Act in relation to the
semester debt is taken to relate, to the extent of that proof, to the
pre-bankruptcy part of the replacement HEC debt.
Replacement of semester debt only
(7) If:
(a) immediately before the bankrupt’s bankruptcy date, the bankrupt
had:
(i) one or more undischarged semester debts (an old semester
debt); and
(ii) no undischarged accumulated HEC debt; and
(b) on or after the bankruptcy date, the unpaid part of an old semester
debt is discharged under section 106O because the bankrupt incurred an
accumulated HEC debt (the new HEC debt) under
section 106N;
then:
(c) after the new HEC debt is incurred, subsections (2) to (5) apply
(subject to any later application of subsection (6)) to the new HEC debt
instead of the old semester debt; and
(d) for that purpose, a proof of debt under the Bankruptcy Act in relation
to the old semester debt is taken to relate to the pre-bankruptcy part of the
new HEC debt.
(8) Subject to subsection (9), the pre-bankruptcy part
of a bankrupt’s accumulated HEC debt is the amount that would be the
bankrupt’s relevant debt calculated in accordance with subsections 106Q(2)
and (3), if:
(a) that amount was calculated as at the time immediately before the
bankrupt’s bankruptcy date; and
(b) the reference in paragraph 106Q(2)(a) to the person’s
accumulated HEC debt referred to in paragraph (1)(b) were a reference to
the person’s accumulated HEC debt on the 1 June immediately preceding
the bankruptcy date.
(9) If:
(a) immediately before the bankrupt’s bankruptcy date, the bankrupt
had one or more undischarged semester debts; and
(b) at a time (the discharge time) on or after the
bankruptcy date, the unpaid part of those debts (the discharged
amount) was discharged because of the operation of
section 106O;
then:
(c) if the bankrupt did not have an accumulated HEC debt immediately
before the discharge time—the pre-bankruptcy part of the
bankrupt’s accumulated HEC debt is equal to the discharged amount;
or
(d) otherwise—the pre-bankruptcy part of the
bankrupt’s accumulated HEC debt is taken to be increased at the discharge
time by an amount equal to the discharged amount.
(10) In this section:
bankrupt has the same meaning as in the Bankruptcy
Act.
bankruptcy has the same meaning as in the Bankruptcy
Act.
Bankruptcy Act means the Bankruptcy Act
1966.
bankruptcy date, in relation to a bankrupt, means the date of
the bankruptcy of the bankrupt (within the meaning of the Bankruptcy
Act).
dividend has the same meaning as in the Bankruptcy
Act.
pre-bankruptcy part, in relation to a bankrupt’s
accumulated HEC debt, has the meaning given by subsections (8) and
(9).
provable debt has the same meaning as in the Bankruptcy
Act.
4 Application
(1) Subject to subitem (2), the amendments made by this Schedule apply
to bankruptcies for which the date of the bankruptcy is after the introduction
day.
(2) The amendments made by this Schedule do not apply to a bankruptcy
if:
(a) a declaration was presented by the debtor under section 54A of
the Bankruptcy Act 1966 on or before the introduction day; and
(b) the declaration was accepted under section 54C of that Act on or
before that day; and
(c) the date of the bankruptcy is after the introduction day, but within
the period of 6 days after the day on which the declaration was
accepted.
(3) To avoid doubt, the amendments made by this Schedule do not affect the
interpretation of the Bankruptcy Act 1966 or the Higher Education
Funding Act 1988 in relation to bankruptcies to which those amendments do
not apply.
(4) In this item:
introduction day means the day on which the Bill that became
the Higher Education Funding Amendment Act 2001 was introduced into the
House of Representatives.
the date of the bankruptcy has the same meaning as in the
Bankruptcy Act 1966.
Australian National
University Act 1991
1 Section 3
Insert:
Chair of the Education Committee means the person mentioned
in paragraph 10(1)(d).
2 Section 3
Insert:
Chair of the Research Committee means the person mentioned in
paragraph 10(1)(e).
3 Section 3 (paragraphs (d) and (e) of
the definition of ex officio member)
Repeal the paragraphs, substitute:
(d) the Chair of the Education Committee; or
(e) the Chair of the Research Committee; or
4 Paragraphs 10(1)(d) and
(e)
Repeal the paragraphs, substitute:
(d) if a Statute creates an Academic Board, a subcommittee of which is
known as the Education Committee—the Chair of the Education
Committee;
(e) if a Statute creates an Academic Board, a subcommittee of which is
known as the Research Committee—the Chair of the Research
Committee;
5 Paragraphs 15(2)(d) and
(e)
Repeal the paragraphs, substitute:
(d) the Chair of the Education Committee; or
(e) the Chair of the Research Committee; or
6 Subsection 20(2)
Repeal the subsection, substitute:
(2) The Board may advise the Council on any matter relating to education,
learning or research or the academic work of the University.
7 Subsection 25(2)
Repeal the subsection, substitute:
(2) The Board may advise the Council on any matter relating to education,
learning or research or the academic work of the University.
Higher Education Funding
Act 1988
1 Paragraph 18(1)(e)
Repeal the paragraph.
2 Subsection 34(1) (definition of overseas
student charge)
Repeal the definition.
3 Subsection 36(3)
Repeal the subsection, substitute:
(3) The Minister may issue guidelines setting out criteria that the
institution must apply in deciding whether the requirements in
paragraphs (1)(a), (b), (c) and (d) are satisfied.
4 After paragraph 61(1)(b)
Insert:
(ba) for amounts mentioned in paragraph (b) that are less than
$50—the crediting of such amounts against primary tax debts (within the
meaning of Part IIB of the Taxation Administration Act 1953);
and