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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Higher
Education Legislation Amendment Bill
2004
No. ,
2004
(Education, Science and
Training)
A Bill for an Act to amend
legislation relating to higher education, and for related
purposes
Contents
Higher Education Funding Act
1988 3
Higher Education Support Act
2003 3
Higher Education Support Act
2003 4
Higher Education Support Act
2003 8
Higher Education Support (Transitional Provisions and Consequential
Amendments) Act
2003 21
Higher Education Support (Transitional Provisions and Consequential
Amendments) Act
2003 22
Higher Education Support Act
2003 23
Higher Education Support (Transitional Provisions and Consequential
Amendments) Act
2003 23
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 2004.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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
1 Paragraph 17(p)
Omit “$2,990,161,000”, substitute
“$2,994,968,000”.
2 Paragraph 23C(2)(l)
Omit “$1,070,788,000”, substitute
“$1,077,028,000”.
Higher Education Support
Act 2003
3 Paragraphs 30-5(1)(a), (b) and
(c)
Repeal the paragraphs, substitute:
(a) for the year 2005—$2,997,652,000; or
(b) for the year 2006—$3,126,480,000; or
(c) for the year 2007—$3,263,334,000.
4 Subsection 41-45(1) (table items 1 to
3)
Repeal the items, substitute:
|
1 |
2005 |
$1,500,420,000 |
|
2 |
2006 |
$1,613,968,000 |
|
3 |
2007 |
$1,534,899,000 |
Higher Education Support
Act 2003
1 After section 36-20
Insert:
(1) This section applies to a person if:
(a) the person has been enrolled in a unit of study as part of a
*course of study with a higher education
provider as a *Commonwealth supported student;
and
(b) the unit wholly consists of *work
experience in industry; and
(c) the person has not completed the requirements for the unit during the
period during which the person undertook, or was to undertake, the unit;
and
(d) the provider is satisfied that special circumstances apply to the
person (see subsection (3)); and
(e) the person applies in writing to the provider for either or
both:
(i) the repayment of any amounts that the person paid in relation
to his or her *student contribution amount for
the unit; or
(ii) the remission of the person’s
*HECS-HELP debt in relation to the unit;
and
(f) either:
(i) the application is made before the end of the application period under
subsection (5) or (6); or
(ii) the provider waives the requirement that the application be made
before the end of that period, on the ground that it would not be, or was not,
possible for the application to be made before the end of that period.
Note: A HECS-HELP debt of a person to whom this section
applies is remitted under subsection 137-5(5).
(2) The provider must:
(a) pay to the person an amount equal to the payment, or the sum of the
payments, that the person made in relation to his or her
*student contribution amount for the unit;
and
(b) pay to the Commonwealth an amount equal to any
*HECS-HELP assistance to which the person was
entitled for the unit.
Special circumstances
(3) For the purposes of paragraph (1)(d), special circumstances apply
to the person if and only if the higher education provider receiving the
application is satisfied that circumstances apply to the person that:
(a) are beyond the person’s control; and
(b) do not make their full impact on the person until on or after the
*census date for the unit; and
(c) make it impracticable for the person to complete the requirements for
the unit during the period during which the person undertook, or was to
undertake, the unit.
Student Learning Entitlement Guidelines may specify
circumstances
(4) If the Student Learning Entitlement Guidelines specify circumstances
in which a higher education provider will be satisfied of a matter referred to
in paragraph 79-5(1)(a), (b) or (c), any decision of a higher education provider
under subsection (3) of this section must be in accordance with any such
guidelines.
Note: The matters referred to in paragraphs 79-5(1)(a), (b)
and (c) (which relate to the re-crediting of Student Learning Entitlement) are
identical to the matters referred to in paragraphs (3)(a), (b) and (c) of
this section.
Application period where enrolment withdrawn
(5) If:
(a) the person applying under paragraph (1)(e) has withdrawn his or
her enrolment in the unit; and
(b) the higher education provider gives notice to the person that the
withdrawal has taken effect;
the application period for the application is the period of 12 months after
the day specified in the notice as the day the withdrawal takes
effect.
Application period in other cases
(6) If subsection (5) does not apply, the application period for the
application is the period of 12 months after the end of the period during which
the person undertook, or was to undertake, the unit.
Dealing with applications
(7) If:
(a) the application is made before the end of the application period under
subsection (5) or (6); or
(b) the higher education provider waives the requirement that the
application be made before the end of that period, on the ground that it would
not be, or was not, possible for the application to be made before the end of
that period;
the provider must, as soon as practicable, consider the matter to which the
application relates and notify the applicant of the decision on the
application.
Statement of reasons
(8) The notice must include a statement of the reasons for the
decision.
Note: Refusals of applications are reviewable under
Part 5-7.
2 Subsection 79-5(2) (note)
After “have effect for the purposes of”, insert
“subsection 36-22(4) (repayments etc. for work experience units)
and”.
3 At the end of
section 137-5
Add:
(5) A person’s *HECS-HELP debt, in
relation to a unit of study that wholly consists of
*work experience in industry, is taken to be
remitted if section 36-22 applies to the person.
4 Section 206-1 (before table
item 1)
Insert:
|
1A |
A decision that section 36-22 does not apply to a person |
section 36-22 |
the higher education provider with whom the student is enrolled in the
unit |
Higher Education Support
Act 2003
1 Subparagraph 16-30(1)(b)(ii)
Before “*student contribution
amount”, insert “of the person’s”.
2 After section 19-85
Insert:
(1) This section applies to a unit of study:
(a) that a higher education provider provides or proposes to provide
during a year; and
(b) that may form part of a *course of
study in which the provider may enrol students as
*Commonwealth supported students.
(2) The provider must determine a
*student contribution amount for a place in the
unit that is to apply to all students who may enrol in the unit during
the year.
(1) This section applies to a unit of study:
(a) that a higher education provider provides or proposes to provide as
part of a *student cohort’s
*course of study; and
(b) in which the provider may enrol students as
*Commonwealth supported students.
(2) In addition to the amount determined under section 19-87, the
provider may determine a *student contribution
amount for a place in the unit that is only to apply to students in that
*student cohort who may enrol in the unit as
part of the cohort’s *course of study.
However, the provider must determine the amount in the year before the
cohort commences its course of study.
(3) The provider may only determine one amount for the unit to apply to
students in that *student cohort.
(4) The provider may also determine conditions for that
*student cohort that are to apply in relation
to the *student contribution amount for a place
in the unit.
3 Section 19-90
Repeal the section, substitute:
(1) This section applies to a unit of study that a higher education
provider provides or proposes to provide during a year.
(2) The provider must determine a *fee
for the unit that is to apply to all students who may enrol in the unit
during the year.
(3) However, if the unit can form part of more than one
*course of study, the provider may determine
under subsection (2) a different *fee for
the unit for each such course to apply to students who may enrol in the unit as
part of that course.
(1) This section applies to a unit of study that a higher education
provider provides or proposes to provide as part of a
*student cohort’s
*course of study.
(2) In addition to the amount determined under section 19-90, the
provider may determine a *fee for the unit that
is only to apply to students in that *student
cohort who may enrol in the unit as part of the cohort’s
*course of study. However, the provider must
determine the fee in the year before the cohort commences its course of
study.
(3) The provider may only determine one
*fee for the unit to apply to students in that
*student cohort.
(4) The provider may also determine conditions for that
*student cohort that are to apply in relation
to the *fee for the unit.
4 Subsection 19-95(1)
Omit “*student contribution amounts
per place and *tuition fees”, substitute
“*student contribution amounts for
places, and *tuition fees, determined under
sections 19-87 and 19-90”.
Note: The heading to section 19-95 is altered by
omitting “student contribution amounts per place” and
substituting “student contribution amounts for
places”.
5 Paragraph 19-95(2)(a)
Omit “the *student contribution
amount and the *tuition fee”, substitute
“his or her *student contribution amount
and tuition fee determined under sections 19-87 and 19-90”.
6 After section 19-95
Insert:
(1) If the provider has determined, under section 19-88 or 19-91,
*student contribution amounts for places in
units, or *tuition fees, to apply to students
in *student cohorts, the provider must publish,
and make publicly available:
(a) sufficient information to enable a person in a student cohort to work
out his or her *student contribution amount and
tuition fee for each unit of study that the provider provides or is to provide
as part of the cohort’s *course of study;
and
(b) any conditions that are to apply in relation to the amount or fee for
each unit of study for each student cohort.
(2) The information mentioned in subsection (1) for a particular unit
must be published and made publicly available by the date specified in the
Higher Education Provider Guidelines in the year preceding the year in which the
*student cohort commences its course of
study.
7 Sections 19-100 and
19-105
Repeal the sections, substitute:
A higher education provider must not charge a person a
*fee for a
*course of study that exceeds the sum of the
person’s *tuition fees for all of the
units of study undertaken by the person as part of the course.
A student cohort, in relation to a particular
*course of study of which a unit of study forms
a part, is the group of all of the students who commence the course in a
particular year with a particular higher education provider.
(1) A fee includes any tuition, examination or other fee
payable to a higher education provider by a person enrolled with, or applying
for enrolment with, the provider.
(2) A fee may also include any fee payable to the provider
in respect of the granting of a *higher
education award.
(3) A fee does not include a fee that is:
(a) payable in respect of an organisation of students, or of students and
other persons; or
(b) payable in respect of the provision to students of amenities or
services that are not of an academic nature; or
(c) payable in respect of residential accommodation; or
(d) imposed in accordance with the Commonwealth Grant Scheme Guidelines
for the imposition of fees in respect of
*overseas students; or
(e) payable in respect of studies (other than an
*enabling course) that are not permitted to be
undertaken for the purpose of obtaining a
*higher education award; or
(f) determined, in accordance with guidelines issued by the Minister, to
be a fee of a kind that:
(i) is incidental to studies that may be undertaken with a higher
education provider; and
(ii) meets the criteria specified in the Commonwealth Grant Scheme
Guidelines; or
(g) a *student contribution amount
payable in respect of a student.
(4) The definition of fee in this section does not apply for
the purposes of sections 104-50 and 225-25.
A person’s tuition fee for a unit of study
is:
(a) if all of the following apply:
(i) the unit forms part of a *course of
study with a higher education provider;
(ii) the person commenced that *course of
study in a particular *student
cohort;
(iii) the provider has determined, in accordance with section 19-91,
a *fee for the unit that applies to students in
that cohort;
(iv) the person satisfies any conditions that apply to the cohort under
that section in relation to the fee for the unit;
the fee determined under that section for the cohort; or
(b) if paragraph (a) does not apply and a different fee for
the unit has been determined for each course of study in accordance with
subsection 19-90(3)—the fee determined for the unit for the person’s
course of study; or
(c) in all other cases—the fee determined under subsection
19-90(2).
8 Subsection 33-25(2) (definition of student
contributions)
Omit “the sum of all of the *student
contribution amounts”, substitute “the sum of all of the
students’ *student contribution
amounts”.
9 Paragraph 36-20(a)
Omit “the *student contribution
amount for the unit”, substitute “his or her
*student contribution amount for the
unit”.
10 Paragraph 36-40(2)(c)
Before “*student contribution
amount”, insert “person’s”.
11 Subsection 36-40(2)
After “this subsection does not apply if the”, insert
“person’s”.
12 Section 36-45
Omit “charge the person a *student
contribution amount for the unit”, substitute “charge, as the
person’s *student contribution amount for
the unit, an amount”.
13 Section 36-45 (formula)
Repeal the formula, substitute:![]()
14 Section 36-50
After “80% of the”, insert
“person’s”.
15 Subsection 36-55(1)
Repeal the subsection, substitute:
Tuition fees for units of study
(1) A higher education provider must not determine, as a person’s
*tuition fee for a unit of study, an amount
that is less than:
(a) if paragraph (b) does not apply—the highest
*student contribution amount that the provider
would charge any person who is a *Commonwealth
supported student in relation to the unit; or
(b) such other higher amount as is specified in the Tuition Fee
Guidelines.
16 Subsection 36-55(2)
Omit “charge as *tuition fees for
the unit”, substitute “charge, as the person’s
*tuition fees for the unit,”.
17 Subsection 36-55(3)
Repeal the subsection, substitute:
(3) If a person:
(a) is enrolled in study with a higher education provider on a
*non-award basis; and
(b) could have enrolled in that study as a unit of study if the enrolment
were not on a non-award basis;
the provider must not charge, as the person’s
*fees for the study, amounts that in total are
less than the highest amount that the provider would charge any
person:
(c) who may enrol in the study as a unit of study; and
(d) who is a *Commonwealth supported
student in relation to the unit.
18 Section 87-1
Repeal the section, substitute:
A student may be entitled to HECS-HELP assistance for units of study for
which he or she is Commonwealth supported, if certain requirements are
met.
The amount of assistance to which the student may be entitled is based on
his or her student contribution amounts for the units, less any up-front
payments. The assistance is paid to a higher education provider to discharge the
student’s liability to pay his or her student contribution
amounts.
Note: Amounts of assistance under this Part may form part of
a person’s HELP debts that the Commonwealth recovers under
Part 4-2.
19 Subparagraph 90-1(f)(ii)
Omit “80% of the”, substitute “80% of his or
her”.
20 Paragraph 93-1(a)
Omit “the *student contribution
amount”, substitute “his or her
*student contribution amount”.
21 Subsection 93-5(1)
Repeal the subsection, substitute:
(1) A person’s student contribution amount for a unit
of study is the amount worked out as follows:![]()
where the person’s student contribution amount for a place
in the unit is:
(a) if all of the following apply:
(i) the unit forms part of a *course of
study with a higher education provider;
(ii) the person commenced that *course of
study in a particular *student
cohort;
(iii) the provider has determined, in accordance with section 19-88,
a student contribution amount for a place in the unit that applies to students
in that cohort;
(iv) the person satisfies any conditions that apply to the cohort under
that section in relation to the student contribution amount for a place in the
unit;
the amount determined under that section for the cohort; and
(b) in all other cases—the student contribution amount for a place
in the unit determined under subsection 19-87(2).
22 Subsection 93-5(2)
Repeal the subsection, substitute:
(2) A person’s *student
contribution amount for a place in a unit must not exceed the
*maximum student contribution amount for a
place in the unit.
23 Subsection 93-5(3)
Omit “The student contribution amount for a unit of
study is nil if it is undertaken”, substitute “A person’s
student contribution amount for a unit of study is nil if the
person undertakes the unit”.
24 Section 93-10
Omit “maximum student contribution amount per place
for”, substitute “maximum student contribution amount
for a place in”.
Note: The heading to section 93-10 is replaced by the
heading “Maximum student contribution amounts for
places”.
25 Section 93-10 (table
heading)
Omit “Maximum student contribution amounts per place”,
substitute “Maximum student contribution amounts for
places”.
26 Section 93-10 (heading to column 3 of the
table)
Omit “Maximum student contribution amount per place”,
substitute “Maximum student contribution amount for a
place”.
27 Section 93-10 (note 2)
Omit “Maximum student contribution amounts per place”,
substitute “Maximum student contribution amounts for
places”.
28 Subsection 93-15(1)
Repeal the subsection, substitute:
(1) An up-front payment, in relation to a unit of study for
which a person is liable to pay his or her
*student contribution amount, is a payment of
part of the student’s student contribution amount for the unit, other than
a payment of *HECS-HELP assistance under this
Part.
29 Subsection 93-15(3)
Repeal the subsection, substitute:
(3) A payment made in respect of a person is not an up-front
payment to the extent that:
(a) the payment; or
(b) if other up-front payments have already been made in respect of the
person in relation to the unit—the sum of the payment and all of those
other up-front payments;
exceeds 80% of the person’s *student
contribution amount for the unit.
Note 1: The Commonwealth pays 1/4 of any up-front
payments in respect of a student if the total amount of the up-front payments,
for the unit and the student’s other units with the same census date, is
80% of the sum of his or her student contribution amounts for all of his or her
units or is $500 or more: see sections 96-5 and 96-10.
Note 2: It is a condition of grants under Part 2-2 that
a higher education provider not accept an up-front payment of more than 80% of a
student’s student contribution amount from a student who is entitled to
HECS-HELP assistance: see section 36-50.
30 Paragraph 96-1(b)
Omit “liability to pay the”, substitute “liability to pay
his or her”.
31 Paragraph 96-5(1)(c)
After “up-front payments made for all of the”, insert
“student’s”.
32 Paragraph 96-5(1)(c)
Omit “the sum of the *student
contribution amounts for all of the units”, substitute “the sum of
the student’s *student contribution
amounts for all of his or her units”.
33 Paragraph 96-5(2)(b)
Omit “liability to pay the”, substitute “liability to pay
his or her”.
34 Subsection 96-5(3)
Omit “liability to pay the”, substitute “liability to pay
his or her”.
35 Paragraph 96-10(c)
After “up-front payments made for all of the”, insert
“student’s”.
36 Paragraph 96-10(c)
Omit “the sum of the *student
contribution amounts for all of the units”, substitute “the sum of
the student’s *student contribution
amounts for all of his or her units”.
37 Section 96-10
Omit “the student’s liability to pay the student contribution
amount for the unit”, substitute “the student’s liability to
pay his or her student contribution amount for the unit”.
38 Section 96-10 (note)
Omit “the student contribution amounts for the unit and other
units”, substitute “a student’s student contribution amount
for the unit and for the student’s other units”.
39 Section 101-1
Repeal the section, substitute:
A student may be entitled to FEE-HELP assistance for units of study for
which he or she is not Commonwealth supported, if certain requirements are
met.
The amount of assistance to which the student may be entitled is based on
his or her tuition fees for the units, but there is a limit on the total amount
of assistance that the student can receive. The assistance is paid to a higher
education provider to discharge the student’s liability to pay his or her
tuition fees.
Note: Amounts of assistance under this Part may form part of
a person’s HELP debts that the Commonwealth recovers under
Part 4-2.
40 Paragraph 107-1(a)
Omit “the *tuition fee”,
substitute “the student’s *tuition
fee”.
41 Subsection 107-5(1)
Repeal the subsection, substitute:
(1) An up-front payment, in relation to a unit of study for
which a student is liable to pay a *tuition
fee, is a payment of all or part of the student’s tuition fee for the
unit, other than a payment of *FEE-HELP
assistance under this Part.
42 Subsection 107-10(2)
(example)
Repeal the example, substitute:
Example: Kath has a FEE-HELP balance of $2,000, and is
enrolled in 4 units with the same census date. Kath’s tuition fee for each
unit is $600. The total amount of FEE-HELP assistance to which Kath is entitled
for the units is $2,000, even though the total amount of her tuition fees for
the units is $2,400.
43 Paragraph 110-1(b)
Omit “the *tuition fee”,
substitute “his or her *tuition
fee”.
44 Paragraph 137-5(1)(b)
Omit “liability to pay the”, substitute “liability to pay
his or her”.
45 Subsection 137-5(3)
Repeal the subsection, substitute:
When HECS-HELP debts are incurred
(3) A *HECS-HELP debt is taken to have
been incurred by a person immediately after the
*census date for the unit, whether or not the
Commonwealth has made a payment in respect of the person’s
*student contribution amount for the
unit.
46 Paragraph 137-10(1)(b)
Omit “the *tuition fee”,
substitute “his or her *tuition
fee”.
47 Subsection 137-10(3)
Repeal the subsection, substitute:
When FEE-HELP debts are incurred
(3) A *FEE-HELP debt is taken to have
been incurred by a person immediately after the
*census date for the unit, whether or not the
Commonwealth has made a payment in respect of the person’s
*tuition fee for the unit.
48 Paragraph 169-15(1)(a)
Omit “the *student contribution
amount”, substitute “the student’s
*student contribution amount”.
49 Paragraph 169-15(1)(b)
Omit “any *tuition fee”,
substitute “any of his or her *tuition
fee or any other *fee”.
50 Paragraph 169-15(2)(a)
Omit “the *tuition fee”,
substitute “the student’s *tuition
fee”.
51 Paragraph 169-15(2)(b)
Omit “any other tuition fee, or any
*student contribution amount”, substitute
“any other *fee, or any of his or her
*student contribution amount”.
52 Subsection 169-15(3)
Omit “payment of a *student
contribution amount or a”, substitute “payment of his or her
*student contribution amount
or”.
53 Subsection 169-20(1)
Before “*student contribution
amounts”, insert “their”.
54 Subsection 169-20(2)
Before “*student contribution
amounts”, insert “their”.
55 Paragraph 193-1(5)(b)
After “80% of the”, insert
“person’s”.
56 Section 198-5 (cell at table item 2,
column headed “Amounts:”)
Omit “*Maximum student contribution
amounts per place”, substitute
“*Maximum student contribution amounts
for places”.
57 Clause 1 of
Schedule 1
Insert:
fee has the meaning given by section 19-102.
58 Clause 1 of Schedule 1 (definition of
maximum student contribution amount per place)
Repeal the definition.
59 Clause 1 of
Schedule 1
Insert:
maximum student contribution amount for a place has the
meaning given by section 93-10.
60 Clause 1 of
Schedule 1
Insert:
student cohort has the meaning given by
section 19-101.
61 Clause 1 of Schedule 1 (definition of
student contribution amount per place)
Repeal the definition.
62 Clause 1 of
Schedule 1
Insert:
student contribution amount for a place has the meaning given
by subsection 93-5(1).
Higher Education Support
(Transitional Provisions and Consequential Amendments) Act
2003
63 Paragraph 1(1)(k) of
Schedule 1
Before “student contribution amount” (first occurring), insert
“person’s”.
64 Paragraph 1(1)(k) of
Schedule 1
Omit “maximum student contribution amount per place for”,
substitute “maximum student contribution amount for a place
in”.
65 Item 3 of Schedule 1
(heading)
Repeal the heading, substitute:
3 Maximum student contribution amounts for
places
66 Subitem 3(1) of
Schedule 1
Omit “maximum student contribution amount per place
for”, substitute “maximum student contribution amount for a
place in”.
67 Subitem 3(2) of
Schedule 1
Omit “maximum student contribution amount per place
for”, substitute “maximum student contribution amount for a
place in”.
68 Subitem 3(2) of Schedule 1 (table
heading)
Omit “Maximum amounts per place”, substitute
“Maximum amounts for places”.
69 Subitem 3(2) of Schedule 1 (heading to
column 3 of the table)
Omit “Maximum student contribution amount per place”,
substitute “Maximum student contribution amount for a
place”.
70 Subitem 3(3) of
Schedule 1
Omit “maximum student contribution amount per place”,
substitute “maximum student contribution amount for a
place”.
Higher Education Support
(Transitional Provisions and Consequential Amendments) Act
2003
1 Part 4 of
Schedule 1
Repeal the Part.
Higher Education Support
Act 2003
1 Subsection 73-10(1)
Repeal the subsection, substitute:
(1) An EFTSL is an equivalent full-time
*student load for a year. It is a measure, in
respect of a *course of study, of the study
load for a year of a student undertaking that course of study on a full-time
basis.
2 At the end of
Division 187
Add:
If a student *meets the tax file number
requirements for the assistance under paragraph 187-1(1)(b):
(a) the student must notify his or her
*tax file number to an
*appropriate officer of the higher education
provider within 21 days from the day on which the
*Commissioner issues the tax file number to the
student; and
(b) the provider must be satisfied (in accordance with subsection
187-1(4)) that this number is a valid *tax file
number.
Higher Education Support
(Transitional Provisions and Consequential Amendments) Act
2003
3 Subparagraph 1(1)(f)(ii) of
Schedule 1
Omit “paragraph 90-1(1)(a) or (c), or paragraphs 90-1(1)(a) and
(c),”, substitute “paragraph 90-1(a) or (c), or paragraphs 90-1(a)
and (c),”.
Note: This item fixes an incorrect
cross-reference.
4 Paragraph 6(i) of
Schedule 1
Omit “for the unit; and”, substitute “for the
unit.”.
5 Paragraph 6(j) of
Schedule 1
Repeal the paragraph.
6 Item 6 of Schedule 1
(note)
Repeal the note.
7 Paragraph 11A(1)(b) of
Schedule 1
Omit “HECS-HELP”, substitute “HELP”.
8 Subitem 11A(1) of
Schedule 1
Omit “accumulated HECS-HELP”, substitute “accumulated
HELP”.
9 Subitem 11A(2) of
Schedule 1
Repeal the subitem.
10 After item 21 of
Schedule 1
Insert:
21A Increases in assistance in 2005 for higher
education providers meeting certain requirements
For the purposes of paragraph 33-15(1)(c) of the Higher Education
Support Act 2003, the Minister is taken to be satisfied that the provider
met the requirements in paragraph 33-15(1)(a) of that Act, as at a date in 2004,
specified in the Commonwealth Grant Scheme Guidelines, if:
(a) the grant year is the year 2005; and
(b) the Minister is satisfied that the provider met at least some of those
requirements by the specified date; and
(c) the Minister is satisfied that the provider has taken all reasonable
steps to meet the requirements.