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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Higher
Education Legislation Amendment Bill
1996
No. ,
1996
(Employment, Education, Training and Youth
Affairs)
A Bill for an Act to amend
legislation relating to higher education, and for related
purposes
9612920—1,025/4.10.1996—(129/96) Cat. No. 96 5228
0
Contents
Higher Education Funding Act
1988 6hela0h1.html
Maritime College Act 1978 6hela0h1.html
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 Legislation Amendment
Act 1996.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Items 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
22 and 27 of Schedule 1 commence on 1 January 1997, immediately after the
commencement of the items in Schedule 1 to the Higher Education Funding
Amendment Act (No. 1) 1996 that also commence on 1 January
1997.
(3) Items 1, 2, 11, 28 and 29 of Schedule 1 commence on 1 January
1998.
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Act is amended or repealed as set out in the applicable items in the Schedule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.
Higher
Education Funding Act 1988
After “institutions of”, insert “undergraduate
or”.
Note: The heading to section 13 is amended by omitting
“Post-graduate” and substituting “Undergraduate and
post-graduate”.
Omit “post-graduate”.
3 Paragraphs
20(3)(h), (i) and (j)
Repeal the paragraphs, substitute:
(h) in the case of the year 1996—$102,027,000; and
(i) in the case of the year 1997—$102,027,000; and
(j) in the case of the year 1998—$102,027,000.
Repeal the sections, substitute:
(1) There is payable to an institution, as financial assistance in respect
of a year, in relation to expenditure of the institution for such purposes as
the Minister determines, such amount (the special purpose grant)
as the Minister determines.
(2) The Minister may grant financial assistance to an institution under
subsection (1) on such conditions (if any) as the Minister determines.
(3) The total of the special purpose grants in respect of a year must not
exceed the amount set out in section 17 in respect of the following
year.
(4) If the Minister determines a special purpose grant for an institution
in respect of a year, then the amounts determined to be payable to the
institution under section 15 or 16 in respect of:
(a) the year next following that year; or
(b) the 2 years next following that year; or
(c) the 3 years next following that year;
are reduced by amounts that equal in total the amount of the special
purpose grant.
(5) Determinations under subsections (1) and (2), and reductions under
subsection (4), must be made in accordance with guidelines issued by the
Minister.
5 Paragraphs
22A(5)(e) and (f)
Repeal the paragraphs, substitute:
(e) for the year 1997—$215,000; and
(f) for the year 1998—$215,000.
Repeal the paragraph, substitute:
(e) for the year 1998—$467,843,000.
Repeal the paragraphs, substitute:
(i) in the case of the year 1997—$4,819,000; and
(j) in the case of the year 1998—$4,819,000.
8 Paragraphs
27A(6)(d) and (e)
Repeal the paragraphs, substitute:
(d) for the year 1997—$37,556,000; and
(e) for the year 1998—$37,556,000.
Insert:
annual Band amount has the meaning given by section
40A.
Insert:
Band has the meaning given by section 40A.
11 Subsection 34(1)
(paragraph (b) of the definition of
designated course of
study)
Omit “postgraduate”.
Insert:
(7) A student is an exempt student in relation to a course of study at an
institution in respect of a semester if:
(a) the institution has awarded the student a merit-based equity
scholarship for the course; and
(b) the institution awarded the scholarship in accordance with guidelines
issued by the Minister for the purposes of this subsection.
Repeal the subsections, substitute:
Amount of contribution for pre-1997 student
(3) The contribution for a pre-1997 student is worked out using the
formula:
where:
annual course contribution means the annual course
contribution for the year in which the semester occurs.
student load means the student’s student load for the
course in the semester, expressed as a proportion of the standard student load
for the course in the year in which the semester occurs.
(4) For the purposes of this section, a student is a pre-1997
student in relation to a course of study if:
(a) the student commenced the course before 1997, as a contributing
student; or
(b) the institution that provides the course has determined that the
student is to be treated as a pre-1997 student in relation to the course, and
that determination is made in accordance with guidelines issued by the Minister
for the purposes of this subsection.
Amount of contribution for other students
(5) The contribution for a student (other than a pre-1997 student) is the
total of the amounts worked out under subsection (6) for each of the
Bands.
(6) The amount for a Band is worked out using the formula:
where:
annual Band amount means the annual Band amount for the Band
for the year in which the semester occurs.
student load for the Band means the student’s student
load for the course in the semester, for units of study in the Band, expressed
as a proportion of the standard student load for the course in the year in which
the semester occurs.
Cents to be disregarded
(7) If an amount worked out under subsection (3) or (5) includes any
cents, the cents must be disregarded.
Insert:
(1) Each institution must allocate each relevant unit of study to one of
the following Bands, in accordance with guidelines issued by the
Minister:
(a) Band 3;
(b) Band 2;
(c) Band 1.
For this purpose, relevant unit of study means any unit of
study that may be undertaken at the institution as part of a designated course
of study in a year to which this Chapter applies.
(2) The annual Band amounts for 1997 are:
(a) $5,500 for Band 3; and
(b) $4,700 for Band 2; and
(c) $3,300 for Band 1.
(3) The annual Band amount for a Band for a later year is worked out
by:
(a) multiplying the annual Band amount for that Band for the year before
that later year by the factor that applies to the later year under subsection
40(3); and
(b) disregarding any cents.
(4) For each year from 1998 onwards, the Minister must:
(a) work out the annual Band amounts for the year concerned; and
(b) before the start of the year, publish a notice in the Gazette
specifying those annual Band amounts and the factor that was used to work them
out.
Omit “subsection 39(3)”, substitute “section
39”.
Omit “subsection 39(3)”, substitute “section
39”.
17 Subsection 99(1)
(definition of basic
charge)
Omit “subsection 104(2)”, substitute “section
104”.
Repeal the subsection.
Omit “the charges that, under the agreement referred to under
subsection (1), the Agency may require those clients to pay”, substitute
“the basic charges”.
Repeal the section, substitute:
(1) The basic charge for a unit of study is the lesser of:
(a) the statutory amount, worked out under this section; and
(b) the amount that the Agency charges for the unit.
(2) The statutory amount is $326 for 1997.
(3) The statutory amount for a later year is worked out by:
(a) multiplying the statutory amount for the year before that later year
by the factor that applies to the later year under subsection 40(3);
and
(b) disregarding any cents.
(4) For each year from 1998 onwards, the Minister must:
(a) work out the statutory amount for the year concerned; and
(b) before the start of the year, publish a notice in the Gazette
specifying the statutory amount and the factor that was used to work it
out.
Repeal the section.
Insert:
(1A) A reference in subsection (1) to a unit of study is a reference to a
unit of study for which the client is enrolled for the purposes of an approved
course of study.
(1B) Subsection (1) does not apply to any unit of study that is in excess
of the client’s standard study load for the study period.
Omit “at any time”, substitute “on or before 31 December
1996”.
Insert:
(1A) Subsection (1) does not apply in relation to the 1997-98 year of
income or any later year of income.
Repeal the subsection, substitute:
(4) For the purposes of this section:
(a) the minimum prescribed amount or MPA for a
year of income is:
(i) for the 1997-98 year of income—$20,700; or
(ii) for a later year of income—the amount worked out using the
formula:
(b) the first intermediate prescribed amount for a year of
income is:
(i) for the 1997-98 year of income—$21,830; or
(ii) for a later year of income—the amount worked out using the
formula:
(c) the second intermediate prescribed amount for a year of
income is:
(i) for the 1997-98 year of income—$23,524; or
(ii) for a later year of income—the amount worked out using the
formula:
(d) the third intermediate prescribed amount for a year of
income is:
(i) for the 1997-98 year of income—$27,288; or
(ii) for a later year of income—the amount worked out using the
formula:
(e) the fourth intermediate prescribed amount for a year of
income is:
(i) for the 1997-98 year of income—$32,934; or
(ii) for a later year of income—the amount worked out using the
formula:
(f) the fifth intermediate prescribed amount for a year of
income is:
(i) for the 1997-98 year of income—$34,665; or
(ii) for a later year of income—the amount worked out using the
formula:
(g) the maximum prescribed amount for a year of income
is:
(i) for the 1997-98 year of income—$37,262; or
(ii) for a later year of income—the amount worked out using the
formula:
(4A) For the purposes of paragraph (4)(a), AWE for a
year of income is the number of dollars in the sum of:
(a) the average weekly earnings for all employees for the reference period
in the December quarter immediately before the year of income, as published by
the Australian Statistician; and
(b) the average weekly earnings for all employees for the reference period
in each of the 4 quarters immediately before that December quarter, as published
by the Australian Statistician.
(4B) If an amount worked out for the purposes of subsection (4)
includes any cents, the cents must be disregarded.
Omit “each following”, substitute “the 1998-99 year of
income or a later”.
Repeal the paragraph, substitute:
(c) guidelines issued under section 20A, 26 or 27, paragraph 35(7)(b),
subsection 36(3) or 39(4) or section 40A.
Omit “post-graduate”, substitute “undergraduate or
post-graduate”.
Omit “post-graduate”.