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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 Legislation Amendment Bill (No. 2)
2002
No. ,
2002
(Education, Science and
Training)
A Bill for an Act to amend the
Higher Education Funding Act 1998 and the Australian Research Council
Act 2001, and for other purposes
Contents
Part 1—Variation of financial
assistance 3
Part 2—Acquittal of financial
assistance 5
Part 3—Notices to fee-paying overseas
students 8
Part 4—Batchelor Institute of Indigenous Tertiary
Education 9
Part 5—Tax file numbers of post-graduate
students 10
Part 6—Application of tax
legislation 11
Part 1—Variation of financial
assistance 13
Part 2—Committees 14
A Bill for an Act to amend the Higher Education
Funding Act 1998 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 Legislation Amendment
Act (No. 2) 2002.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Part 1—Variation
of financial assistance
1 Paragraphs 17(m), (n) and
(o)
Repeal the paragraphs, substitute:
(m) in the case of the year 2001—$2,749,161,000; and
(n) in the case of the year 2002—$2,803,444,000; and
(o) in the case of the year 2003—$2,810,374,000; and
(p) in the case of the year 2004—$2,825,095,000.
2 Paragraphs 20(3)(n) and
(o)
Repeal the paragraphs, substitute:
(n) in the case of the year 2002—$112,793,000; and
(o) in the case of the year 2003—$118,690,000; and
(p) in the case of the year 2004—$118,690,000.
3 Paragraph 22A(5)(k)
Omit “$235,000.”, substitute “$235,000;
and”.
4 At the end of subsection
22A(5)
Add:
(l) for the year 2004—$235,000.
5 Paragraphs 23C(2)(j) and
(k)
Repeal the paragraphs, substitute:
(j) for the year 2002—$1,065,435,000; and
(k) for the year 2003—$1,094,171,000; and
(l) for the year 2004—$1,113,429,000.
6 Paragraphs 24(3)(n) and
(o)
Repeal the paragraphs, substitute:
(n) in the case of the year 2002—$5,287,000; and
(o) in the case of the year 2003—$5,287,000; and
(p) in the case of the year 2004—$5,287,000.
7 Paragraphs 27A(6)(i) and
(j)
Repeal the paragraphs, substitute:
(i) for the year 2002—$41,209,000; and
(j) for the year 2003—$41,209,000; and
(k) for the year 2004—$41,209,000.
8 Paragraphs 27D(2)(e) and
(f)
Repeal the paragraphs, substitute:
(e) in the case of the year 2002—$5,285,000; and
(f) in the case of the year 2003—$5,285,000; and
(g) in the case of the year 2004—$5,285,000.
Part 2—Acquittal
of financial assistance
9 At the end of paragraphs 18(1)(b), (c) and
(d)
Add “and”.
10 Paragraph 18(1)(f)
Repeal the paragraph.
11 Subsection 18(4)
Omit “(other than paragraph (1)(f))”.
12 Subsection 21A(1)
Omit “conditions”, substitute
“condition”.
13 Subsections 21A(4) and
(5)
Repeal the subsections.
14 Subsection 23(5)
Repeal the subsection, substitute:
(5) Financial assistance is granted to an institution or another body
under subsection (3) in relation to an approved proposal of the institution
or body in respect of a year on the condition that:
(a) the sum of the amounts spent by the institution or other body in
connection with the proposal in respect of that year, being amounts spent before
the end of that year or spent after that year in respect of commitments entered
into before the end of that year;
is not less than:
(b) the sum of the amounts of financial assistance paid to the institution
or body under this section in relation to the proposal.
15 Subsection 23B(1)
Omit “conditions”, substitute
“condition”.
16 Subsections 23B(5) and
(6)
Repeal the subsections.
17 Subsection 24(4)
Repeal the subsection, substitute:
(4) Financial assistance is granted to an institution under
subsection (2) in respect of a year on the condition that:
(a) the sum of the amounts spent by the institution in making
contributions towards the appropriate costs, in respect of that year, of the
teaching hospital or teaching hospitals of the institution;
is not less than:
(b) the sum of the amounts of financial assistance paid to the institution
under subsection (2) in relation to the institution in respect of that
year.
18 Subsection 25(3)
Repeal the subsection, substitute:
(3) Financial assistance is granted to an institution under
subsection (1) in respect of a year on the condition that:
(a) the sum of the amounts spent by the institution for the purpose of the
review and research referred to in subsection (1) in the institution in
respect of that year;
is not less than:
(b) the sum of the amounts of financial assistance paid to the institution
under subsection (1) in respect of that year.
19 Paragraph 27C(d)
Omit “project; and”, substitute
“project.”.
20 Paragraph 27C(e)
Repeal the paragraph.
21 At the end of paragraph
108(a)
Add “and”.
22 Paragraph 108(c)
Omit “determined by the Minister.”, substitute
“determined by the Minister; and”.
23 At the end of
section 108
Add:
(d) the institution or body gives to the Minister, not later than
30 June next following that year, a financial statement in respect of that
year, in an approved form, together with a report on the statement by a
qualified auditor.
24 Application of amendments—acquittal of
financial assistance
The amendments made by this Part apply in relation to financial assistance
granted in respect of:
(a) the year that began on 1 January 2002; or
(b) a later year.
Part 3—Notices
to fee-paying overseas students
25 After subsection 54(1)
Insert:
(1A) However, an institution is not required to give a student a notice
under subsection (1) in relation to a course of study in respect of a
semester if:
(a) the student is an overseas student in relation to the course of study
in respect of the semester; and
(b) the student pays fees for the course of study in respect of the
semester.
Part 4—Batchelor
Institute of Indigenous Tertiary Education
26 Schedule 1 (table
item 37)
Omit “Batchelor College”, substitute “Batchelor Institute
of Indigenous Tertiary Education”.
Part 5—Tax
file numbers of post-graduate students
27 Paragraph 98E(f)
Omit “and paragraphs 52(1)(a) and 53(1)(d)”, substitute
“, paragraph 52(1A)(a) and subsection 53(1A)”.
Part 6—Application
of tax legislation
28 Subsection 106U(2)
Repeal the subsection, substitute:
(2A) Part 4-25 in Schedule 1 to the Taxation Administration
Act 1953 has effect as if:
(a) any HEC assessment debt of a person were income tax payable by the
person in respect of the year of income in respect of which the assessment of
that debt was made; and
(b) Chapters 4, 4A, 4B, 5, 5A and 5B of this Act were income tax
laws.
(2B) Subsection (2A) does not have the effect of making a person
liable to a penalty for any act or omission that happened before the
commencement of this subsection.
29 Transitional—subsection 106U(2) of the
Higher Education Funding Act 1988
Despite the repeal of subsection 106U(2) of the Higher Education Funding
Act 1988 by this Part, that subsection continues to apply, in relation to
the 1999-2000 year of income or an earlier year of income, as if that repeal had
not happened.
30 Subsection 112(3)
Repeal the subsection.
31 After section 112
Insert:
(1) Chapters 4, 4A, 4B, 5, 5A and 5B are taken to be, and are taken
always to have been, taxation laws for the purposes of the Taxation
Administration Act 1953.
(2) Subsection (1), in so far as it applies to Chapters 4A, 4B,
5, 5A and 5B, does not have the effect of making a person liable to a penalty
for any act or omission that happened before the commencement of this
section.
Part 1—Variation
of financial assistance
1 Paragraph 48(c)
Omit “2003.”, substitute “2003;”.
2 At the end of
section 48
Add:
(d) the year 2004;
(e) the year 2005.
3 Paragraphs 49(b) and (c)
Repeal the paragraphs, substitute:
(b) for the year 2002—$272,423,000; and
(c) for the year 2003—$339,617,000; and
(d) for the year 2004—$386,151,000; and
(e) for the year 2005—$442,380,000.
4 Section 4
Insert:
designated committee means a committee established under
section 30 wholly or partly to assist in carrying out the functions of the
ARC or the Board under section 52.
5 Subsections 30(1) and (2)
Omit “, with the approval of the Minister,”.
6 At the end of
section 30
Add:
(3) Subsections (1) and (2) have effect subject to
subsection (4).
(4) The Board must not:
(a) establish a designated committee; or
(b) dissolve a designated committee;
unless the Board has obtained the approval of the Minister.
7 Subsection 32(1)
Omit “and (3)”, substitute “, (3) and
(7)”.
8 Subsection 32(1)
Omit “with the approval of the Minister”.
9 Subsection 32(5)
Omit “subsection (6)”, substitute
“subsections (6) and (7)”.
10 Subsection 32(5)
Omit “, with the approval of the Minister,”.
11 At the end of
section 32
Add:
(7) The Board must not:
(a) appoint a person as a member of a designated committee; or
(b) designate a member of a designated committee as the Chair of the
committee;
unless the Board has obtained the approval of the Minister.
12 Subsections 33(1) and
(2)
Omit “with the approval of the Minister”.
13 Subsection 33(4)
Omit “, with the approval of the Minister,”.
14 At the end of
section 33
Add:
(5) The Board must not:
(a) make a determination under subsection (1) or (2) in relation to a
member of a designated committee; or
(b) terminate the appointment of a member of a designated
committee;
unless the Board has obtained the approval of the Minister.