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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Higher
Education Funding Amendment Bill 2002
No.
, 2002
(Education, Science and
Training)
A Bill for an Act to amend the
Higher Education Funding Act 1988 and the Australian Research Council
Act 2001, and for other purposes
Contents
Part 1—Variation of financial
assistance 4
Part 2—Post-graduate education loan
scheme 6
Part 3—Technical
corrections 10
A Bill for an Act to amend the Higher Education
Funding Act 1988 and the Australian Research Council Act 2001, and
for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Higher Education Funding Amendment Act
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
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 |
|
|
2. Schedule 1, Part 1 |
The later of: |
|
|
3. Schedule 1, Part 2 |
The day on which this Act receives the Royal Assent |
|
|
4. Schedule 1, items 22 and 23 |
Immediately after the commencement of subsection 23(1C) of the Higher
Education Funding Act 1988 |
|
|
5. Schedule 1, items 24 and 25 |
The day on which this Act receives the Royal Assent |
|
|
6. Schedule 2 |
The later of: |
|
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 is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Part 1—Variation
of financial assistance
1 Paragraphs 17(m), (n), (o) and
(p)
Repeal the paragraphs, substitute:
(m) in the case of the year 2001—$2,756,161,000; and
(n) in the case of the year 2002—$2,798,266,000; and
(o) in the case of the year 2003—$2,857,119,000; and
(p) in the case of the year 2004—$2,872,293,000.
2 Paragraphs 20(3)(o) and
(p)
Repeal the paragraphs, substitute:
(o) in the case of the year 2003—$121,259,000; and
(p) in the case of the year 2004—$121,259,000.
3 Paragraphs 22A(5)(k) and
(l)
Repeal the paragraphs, substitute:
(k) for the year 2003—$241,000; and
(l) for the year 2004—$241,000.
4 Paragraphs 23C(2)(k) and
(l)
Repeal the paragraphs, substitute:
(k) for the year 2003—$1,118,032,000; and
(l) for the year 2004—$1,137,649,000.
5 Paragraphs 24(3)(o) and
(p)
Repeal the paragraphs, substitute:
(o) in the case of the year 2003—$5,402,000; and
(p) in the case of the year 2004—$5,402,000.
6 Paragraphs 27A(6)(j) and
(k)
Repeal the paragraphs, substitute:
(j) for the year 2003—$42,101,000; and
(k) for the year 2004—$42,101,000.
7 Paragraphs 27D(2)(f) and
(g)
Repeal the paragraphs, substitute:
(f) in the case of the year 2003—$5,400,000; and
(g) in the case of the year 2004—$5,400,000.
Part 2—Post-graduate
education loan scheme
8 Subsection 98A(1) (paragraph (b) of the
definition of appropriate officer)
After “Marcus Oldham College”, insert “or an eligible
unfunded institution”.
9 Subsection 98A(1) (paragraph (b) of the
definition of eligible post-graduate course of
study)
Omit “of study.”, substitute “of study;
and”.
10 Subsection 98A(1) (at the end of the
definition of eligible post-graduate course of
study)
Add:
(c) if the institution is Christian Heritage College or Tabor College
(South Australia)—is a course that is accredited by a State or Territory
accreditation agency listed in the Australian Qualifications Framework Register
of Bodies with Authority to Issue Qualifications.
For the purposes of paragraph (c), a part of an agency is taken to be
an agency in its own right.
11 Subsection 98A(1)
Insert:
eligible unfunded institution has the meaning given by
section 98AA.
12 Subsection 98A(1) (definition of
institution)
Repeal the definition, substitute:
institution means:
(a) an institution referred to in section 4; or
(b) an eligible unfunded institution.
13 Subsection 98A(1) (definition of
student)
After “an institution” (wherever occurring), insert
“(other than an eligible unfunded institution)”.
14 Subsection 98A(1) (paragraph (b) of the
definition of student)
Omit “that institution.”, substitute “that institution;
and”.
15 Subsection 98A(1) (at the end of the
definition of student)
Add:
(c) a person who proposes to undertake on or after 1 January 2003, or
is undertaking or has undertaken on or after that date, an eligible
post-graduate course of study at an eligible unfunded institution; and
(d) when used in relation to a particular eligible post-graduate course of
study at an eligible unfunded institution—a person who proposes to
undertake on or after 1 January 2003, or is undertaking or has undertaken
on or after that date, the eligible post-graduate course of study at that
institution.
16 After subsection 98A(3)
Insert:
(3A) For the purposes of this Chapter, the definition of census
date in subsection 34(1) applies as if the reference in that definition
to institution were a reference to institution within the meaning of
Chapter 4A.
17 After section 98A
Insert:
(1) For the purposes of this Chapter, an eligible unfunded
institution is an institution of higher education specified in the
following table:
|
Eligible unfunded institutions |
|
|---|---|
|
Item |
Institution |
|
1 |
Bond University |
|
2 |
Christian Heritage College |
|
3 |
Melbourne College of Divinity |
|
4 |
Tabor College (South Australia) |
Amendment of table
(2) The Minister may declare that the table in subsection (1) is
amended in the manner specified in the declaration and, if such a declaration is
made, the declaration has effect accordingly.
Note 1: A declaration under this subsection is to be in
writing—see subsection 9(1).
Note 2: A declaration under this subsection is a
disallowable instrument—see paragraph 110(a).
(3) The Minister must not make a declaration under subsection (2)
that would result in an institution becoming an eligible unfunded
institution.
(4) For the purposes of section 8 of the Acts Interpretation Act
1901, a declaration under subsection (2) that amends the table in
subsection (1) by way of repealing part of that table is taken to be an Act
that repeals that part of the table.
Minister may have regard to breaches of this Chapter
(5) In deciding whether to make a declaration under subsection (2)
that would result in an institution ceasing to be an eligible unfunded
institution, the Minister may have regard to:
(a) whether the institution has breached a requirement of this Chapter;
and
(b) such other matters (if any) as the Minister considers
relevant.
18 Before paragraph 98E(b)
Insert:
(aa) any references in those sections to institution were references to
institution within the meaning of Chapter 4A; and
(aaa) any references in those sections to appropriate officer were
references to appropriate officer within the meaning of Chapter 4A;
and
19 Before paragraph
98F(7)(b)
Insert:
(aa) any references in that section to institution were references to
institution within the meaning of Chapter 4A; and
(aaa) any references in that section to appropriate officer were
references to appropriate officer within the meaning of Chapter 4A;
and
20 After section 98J
Insert:
An eligible unfunded institution must give to the Minister, if and when
required by the Minister to do so, such information about either or both of the
following:
(a) the probity of the institution’s governance
arrangements;
(b) the institution’s financial position;
as the Minister requires.
Note: The heading to section 98J is altered by adding
at the end “about post-graduate students”.
21 At the end of paragraph
110(a)
Add “or 98AA(2)”.
22 Paragraph 23(1C)(b)
Omit “paragraph (1E)(a)”, substitute
“subsection (1E)”.
23 Transitional—paragraph 23(1C)(b) of the
Higher Education Funding Act 1988
(1) This item applies to a purported declaration that:
(a) was made under paragraph 23(1C)(b) of the Higher Education Funding
Act 1988 before the day on which the Higher Education Funding Amendment
Act 2002 received the Royal Assent; and
(b) contained a reference to paragraph 23(1E)(a) of the Higher
Education Funding Act 1988; and
(c) related to a particular plan.
(2) The declaration is as effective as it would have been if:
(a) the Minister had been satisfied that the plan met the requirements in
force under subsection 23(1E) of the Higher Education Funding Act 1988;
and
(b) a reference in the declaration to paragraph 23(1E)(a) of that Act were
a reference to subsection 23(1E) of that Act.
24 Before paragraph 98Y(b)
Insert:
(aa) any references in those sections to institution were references to
institution within the meaning of Chapter 4B; and
25 Before paragraph
98Z(7)(b)
Insert:
(aa) any references in that section to institution were references to
institution within the meaning of Chapter 4B; and
1 Paragraph 48(e)
Omit “2005.”, substitute “2005;”.
2 At the end of
section 48
Add:
(f) the year 2006.
3 Paragraphs 49(c), (d) and
(e)
Repeal the paragraphs, substitute:
(c) for the year 2003—$356,063,000; and
(d) for the year 2004—$403,604,000; and
(e) for the year 2005—$461,050,000; and
(f) for the year 2006—$524,090,000.