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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 (No. 2)
2004
No. ,
2004
(Education, Science and
Training)
A Bill for an Act to amend higher
education legislation, and for related purposes
Contents
Part 1—Amendments 5
Part 2—Transitional
provision 27
Part 1—Amendments 29
Part 2—Transitional
provisions 32
A Bill for an Act to amend higher education legislation,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Higher Education Legislation Amendment
Act (No. 2) 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
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 |
The day on which this Act receives the Royal Assent. |
|
|
3. Schedule 2, items 1 to 38 |
The day on which this Act receives the Royal Assent. |
|
|
4. Schedule 2, items 39 to 45 |
The day after this Act receives the Royal Assent. |
|
|
5. Schedule 2, items 46 to 79 |
The day on which this Act receives the Royal Assent. |
|
|
6. Schedule 2, item 80 |
The day after this Act receives the Royal Assent. |
|
|
7. Schedule 2, items 81 to 85 |
The day on which this Act receives the Royal Assent. |
|
|
8. Schedule 3 |
The day on which this Act receives the Royal Assent. |
|
|
9. Schedule 4 |
The later of: (a) the start of the day on which this Act receives the Royal Assent;
and (b) immediately after the commencement of Part 4 of Schedule 2 to
the Higher Education Support (Transitional Provisions and Consequential
Amendments) Act 2003. |
|
|
10. Schedule 5 |
The day on which this Act receives the Royal Assent. |
|
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 contains additional information that is not part
of this Act. Information in this column may be added to or edited 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.
1 Paragraph 17(p)
Repeal the paragraph, substitute:
(p) in the case of the year 2004—$3,010,199,000.
2 Paragraphs 110A(2)(a), (b) and
(c)
Repeal the paragraphs, substitute:
(a) for the year 2005—$21,989,000; and
(b) for the year 2006—$9,609,000; and
(c) for the year 2007—$7,548,000.
1 After paragraph 16-25(1)(a)
Insert:
(aa) the body’s principal purpose is either or both of the
following:
(i) to provide education;
(ii) to conduct research; and
2 At the end of
section 19-35
Add:
(4) A higher education provider that receives any payment under
section 110-1 on account of amounts of
*FEE-HELP assistance for a unit of study must
have open, fair and transparent procedures that, in the provider’s view,
are based on merit for making decisions about:
(a) the selection, from among the persons who seek to enrol with the
provider in that unit of study, of persons to enrol; and
(b) the treatment of students undertaking that unit of study.
(5) Subsection (4) does not prevent a higher education provider
taking into account, in making decisions mentioned in that subsection,
educational disadvantages that a particular student has experienced.
3 Subsection 19-45(2)
Repeal the subsection, substitute:
(2) Except where the provider is a *Table
A provider, the grievance procedures referred to in paragraphs (1)(a) and
(b) must comply with the requirements of the Higher Education Provider
Guidelines.
4 At the end of
section 19-88
Add:
(5) However, the provider may only determine conditions under
subsection (4) of the kind or kinds specified for the purposes of that
subsection in the Higher Education Provider Guidelines.
5 At the end of
section 19-91
Add:
(5) However, the provider may only determine conditions under
subsection (4) of the kind or kinds specified for the purposes of that
subsection in the Higher Education Provider Guidelines.
6 After section 22-5
Insert:
The Minister may revoke a body’s approval as a higher education
provider if:
(a) at the last time the body became a higher education provider, the
body’s principal purpose was either or both of the following:
(i) to provide education;
(ii) to conduct research; and
(b) since that time, the body’s circumstances have changed so that
it no longer satisfies paragraph 16-25(1)(aa); and
(c) the Minister complies with the requirements of
section 22-20.
7 Paragraphs 30-5(1)(a), (b) and
(c)
Repeal the paragraphs, substitute:
(a) for the year 2005—$3,065,478,000; or
(b) for the year 2006—$3,200,319,000; or
(c) for the year 2007—$3,342,929,000; or
(d) for the year 2008—$3,406,337,000.
8 Subsection 36-40(3)
Repeal the subsection, substitute:
(3) A request for Commonwealth assistance, in relation to a
person enrolling in a unit of study with a higher education provider (where
access to the unit was not provided by *Open
Learning Australia), means a document:
(a) in which the person requests the Commonwealth to provide assistance
under this Act in relation to the unit, or in relation to the
*course of study of which the unit forms a
part; and
(b) that is in the form approved by the Minister; and
(c) that the person gives to an
*appropriate officer of the provider on or
before the person’s enrolment in the unit.
9 Subsection 41-45(1) (table)
Repeal the table, substitute:
|
Maximum payments for other grants under this Part |
||
|---|---|---|
|
Item |
Year |
Amount |
|
1 |
2005 |
$1,535,064,000 |
|
2 |
2006 |
$1,657,147,000 |
|
3 |
2007 |
$1,623,834,000 |
|
4 |
2008 |
$1,645,505,000 |
10 At the end of
section 46-15
Add:
(3) A provider that is eligible to receive a grant under
subsection (1) or (2) is an eligible scholarship
provider.
11 Paragraph 46-20(2)(f)
Repeal the paragraph, substitute:
(f) how the amounts of grants to an
*eligible scholarship provider are to be
determined;
12 Section 46-30
Omit “a *Table A or
*Table B provider”, substitute “an
*eligible scholarship
provider”.
13 Section 46-40 (table)
Repeal the table, substitute:
|
Maximum payments for Commonwealth Scholarships |
||
|---|---|---|
|
Item |
Year |
Amount |
|
1 |
2004 |
$124,212,000 |
|
2 |
2005 |
$151,452,000 |
|
3 |
2006 |
$176,382,000 |
|
4 |
2007 |
$201,628,000 |
|
5 |
2008 |
$209,787,000 |
14 Paragraph 90-5(1)(b)
Repeal the paragraph, substitute:
(b) a *permanent humanitarian visa holder
who will be resident in Australia for the duration of the unit.
15 Subsection 96-5(4)
Omit “if the sum of those payments is $500 or more”.
16 Section 101-1
After “higher education provider”, insert “or, if the
student accesses units through Open Learning Australia, that
body,”.
17 Subsection 104-1(1)
Omit “A student is entitled”, substitute “Subject to
sections 104-2, 104-3 and 104-4, a student is entitled”.
18 Subsection 104-1(2)
Repeal the subsection.
19 After section 104-1
Insert:
A student is not entitled to *FEE-HELP
assistance for a unit of study if:
(a) the student has already undertaken 8 or more other units of study,
access to which was provided by *Open Learning
Australia; and
(b) the student did not successfully complete at least 50% of those other
units.
(1) The Minister may determine, in writing, that there is to be no
entitlement to *FEE-HELP assistance for a
specified year for units of study to which access is provided by
*Open Learning Australia, if the Minister is
satisfied that Open Learning Australia has, during the 2 years immediately
preceding the specified year, failed to comply with the FEE-HELP
Guidelines.
(2) Without limiting the generality of what may be included in the
FEE-HELP Guidelines, they may include any or all of the following:
(a) requirements relating to the financial viability of
*Open Learning Australia;
(b) requirements relating to the quality of tuition accessed through Open
Learning Australia;
(c) requirements relating to fairness in the treatment of persons
accessing, or seeking to access, tuition through Open Learning
Australia;
(d) requirements relating to compliance with this Act, the regulations and
other Guidelines made under this Act;
(e) requirements relating to *tuition
fees for units of study accessed through Open Learning Australia;
(f) requirements relating to the provision of information to the
Commonwealth by Open Learning Australia that is relevant in any way to the
provision of *FEE-HELP assistance to students
accessing units of study through Open Learning Australia, or the repayment of
the *HELP debts of those students;
(g) administrative requirements of the kinds imposed on higher education
providers under Parts 5.2 and 5.3 of this Act.
(3) A student is not entitled to
*FEE-HELP assistance for a unit of study
if:
(a) access to the unit is provided by
*Open Learning Australia; and
(b) the Minister has made a determination under subsection (1) in
relation to the year during which the unit is accessed; and
(c) the determination was made before 1 July in the year immediately
preceding that year.
(4) A determination under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) This section applies to a unit of study access to which is provided by
*Open Learning Australia during a
year.
Tuition fees
(2) *Open Learning Australia must
determine a *fee for the unit that is to apply
to all students to whom Open Learning Australia provides access to the unit
during the year.
(3) A fee includes any tuition, examination or other fee
payable to *Open Learning Australia by those
students in relation to the unit.
(4) A fee does not include a fee:
(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.
Census date
(5) *Open Learning Australia must set a
particular date to be the *census date for the
unit for the year.
Consequence of failure to set tuition fees and census date
(6) If *Open Learning Australia does
not:
(a) determine a *fee in accordance with
subsection (2) for the unit for the year; or
(b) determine a *census date in
accordance with subsection (5) for the unit for the year;
no student to whom Open Learning Australia provides access to the unit for
that year is entitled to *FEE-HELP assistance
for the unit.
20 Paragraph 104-5(1)(b)
Repeal the paragraph, substitute:
(b) a *permanent humanitarian visa holder
who will be resident in Australia for the duration of the unit; or
21 After paragraph 104-25(a)
Insert:
(aa) access to the unit was not provided by
*Open Learning Australia; and
22 Section 104-25 (note)
Repeal the note.
23 At the end of
section 104-25
Add:
(2) *Open Learning Australia must, on the
*Secretary’s behalf, re-credit a
person’s *FEE-HELP balance with an amount
equal to the amounts of *FEE-HELP assistance
that the person has received for a unit of study if:
(a) access to the unit was provided by Open Learning Australia;
and
(b) 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
(c) Open Learning Australia is satisfied that special circumstances apply
to the person (see section 104-30); and
(d) the person applies in writing to Open Learning Australia for
re-crediting of the FEE-HELP balance; and
(e) either:
(i) the application is made before the end of the application period under
section 104-35; or
(ii) Open Learning Australia 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 FEE-HELP debt relating to a unit of study will be
remitted if the FEE-HELP balance in relation to the unit is re-credited: see
section 137-10.
24 Subsection 104-30(1)
Omit “paragraph 104-25(c)”, substitute “paragraph
104-25(1)(c)”.
25 At the end of
section 104-30
Add:
(3) For the purposes of paragraph 104-25(2)(c), special circumstances
apply to the person if and only if *Open
Learning Australia 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 of study in question;
and
(c) make it impracticable for the person to complete the requirements for
the unit in the period during which the person undertook, or was to undertake,
the unit.
26 Paragraph 104-35(1)(a)
Omit “paragraph 104-25(d)”, substitute
“104-25(1)(d)”.
27 After subsection 104-35(1)
Insert:
(1A) If:
(a) the person applying under paragraph 104-25(2)(d) for the re-crediting
of the person’s *FEE-HELP balance in
relation to a unit of study has withdrawn from the unit; and
(b) *Open Learning Australia 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.
28 Subsection 104-35(2)
Omit “subsection (1) does not ”, substitute
“subsections (1) and (1A) do not”.
29 Paragraph 104-40(1)(a)
Repeal the paragraph, substitute:
(a) the application is made under paragraph 104-25(1)(d) before the end of
the relevant application period; or
30 After subsection 104-40(1)
Insert:
(1A) If:
(a) the application is made under paragraph 104-25(2)(d) before the end of
the relevant application period; or
(b) *Open Learning Australia 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;
Open Learning Australia must, as soon as practicable, consider the matter
to which the application relates and notify the applicant of the decision of the
application.
31 Subsection 107-10(3)
After “one higher education provider,” insert “and access
to none of the units was provided by *Open
Learning Australia,”.
32 At the end of
section 107-10
Add:
(4) If access to some, but not all, of the units of study was provided by
*Open Learning Australia, the student
must:
(a) notify Open Learning Australia of the proportion of the total amount
of *FEE-HELP assistance that is to be payable
in relation to units access to which was provided by Open Learning Australia;
and
(b) notify each higher education provider at which the student is enrolled
in a unit access to which was not provided by Open Learning Australia, of the
proportion of the total amount of FEE-HELP assistance that is to be payable in
relation to that unit.
33 Section 110-1
After “higher education provider,”, insert “and access to
the unit was not provided by *Open Learning
Australia,”.
Note: The heading to section 110-1 is replaced by the
heading “Payments”.
34 At the end of
section 110-1
Add:
(2) If a student is entitled to an amount of
*FEE-HELP assistance for a unit of study and
access to the unit was provided by *Open
Learning Australia, the Commonwealth must:
(a) as a benefit to the student, lend to the student the amount of
FEE-HELP assistance; and
(b) pay the amount lent to Open Learning Australia in discharge of the
student’s liability to pay his or her
*tuition fee for the unit.
35 Section 110-5
Omit “under section 104-25”, substitute “under
subsection 104-25(1)”.
36 At the end of
section 110-5
Add:
(2) If, under subsection 104-25(2), *Open
Learning Australia re-credits a person’s
*FEE-HELP balance with an amount relating to
*FEE-HELP assistance for a unit of study, Open
Learning Australia must pay to the Commonwealth an amount equal to the amount of
FEE-HELP assistance to which the person was entitled for the unit.
37 Paragraph 118-5(b)
Repeal the paragraph, substitute:
(b) a *permanent humanitarian visa
holder.
38 Subsection 169-25(3)
Repeal the subsection, substitute:
(3) The provider must publish:
(a) the *census date for the unit by the
date, and in the manner, specified in the Administration Guidelines;
and
(b) the *EFTSL value for the unit by the
date, and in the manner, specified in the Administration Guidelines.
(4) The provider must not vary the
*census date for the unit, or the
*EFTSL value for the unit, after publication
under subsection (3), unless the provider has the written approval of the
Minister to do so. The provider must publish the variation by the date and in
the manner specified by the Minister in the approval.
39 At the end of subsection
179-15(1)
Add:
; or (c) the person is or was an *officer
of Open Learning Australia (see subsection (3A)).
40 After subsection 179-15(3)
Insert:
(3A) A person is an officer of Open Learning Australia if
the person is:
(a) an officer or employee of *Open
Learning Australia; or
(b) a person who, although not an officer or employee of Open Learning
Australia, performs services for or on behalf of Open Learning
Australia.
41 At the end of subsection
179-15(4)
Add:
; or (c) for an *officer of Open Learning
Australia—service as such an officer.
42 After paragraph 179-20(c)
Insert:
(ca) disclosure by a Commonwealth officer of personal information to an
*officer of Open Learning Australia to assist
*Open Learning Australia in performing duties
or functions, or in exercising powers, under, or for the purposes of, this
Act;
43 At the end of
section 179-20
Add:
; (e) disclosure by an officer of Open Learning Australia of personal
information to a Commonwealth officer to assist the Commonwealth officer in the
Commonwealth officer’s official employment;
(f) disclosure by an officer of Open Learning Australia of personal
information to an officer of a higher education provider to assist the
provider’s officer in performing duties or functions or in exercising
powers, under, or for the purposes of, this Act;
(g) disclosure by an officer of a higher education provider of personal
information to an officer of Open Learning Australia to assist the officer of
Open Learning Australia in performing duties or functions or in exercising
powers, under, or for the purposes of, this Act.
44 At the end of subsection
179-25(1)
Add:
; or (c) in the case of an *officer of
Open Learning Australia—to assist the officer in performing duties or
functions, or in exercising powers, under, or for the purposes of, this
Act.
45 Paragraph 179-35(1)(d)
Repeal the paragraph, substitute:
(d) one or more of the following apply:
(i) the personal information is held in a computer of a higher education
provider;
(ii) the personal information is held on behalf of a provider;
(iii) the personal information is held in a computer of
*Open Learning Australia;
(iv) the personal information is held on behalf of Open Learning
Australia.
46 Section 184-1
Repeal the section, substitute:
Requirements relating to students’ tax file numbers apply to
assistance under Chapter 3 that gives rise to HELP debts.
The Commissioner may notify higher education providers, or where
appropriate Open Learning Australia, of matters relating to tax file
numbers.
Higher education providers, and where appropriate Open Learning Australia,
have obligations relating to notifying students about tax file number
requirements.
Higher education providers have obligations relating to cancelling the
enrolment of students who do not have tax file numbers.
Note: Part VA of the Income Tax Assessment Act 1936
provides for issuing, cancelling or altering tax file
numbers.
47 Subsection 187-1(1)
After “with a higher education provider”, insert “in a
unit of study access to which was not provided by
*Open Learning Australia”.
48 After subsection 187-1(1)
Insert:
(1A) A student who accesses, or proposes to access, a unit of study
through *Open Learning Australia, meets
the tax file number requirements for assistance under Chapter 3
if:
(a) the student notifies his or her *tax
file number to an *appropriate officer of Open
Learning Australia, and Open Learning Australia is satisfied (in accordance with
subsection (4)) that this number is a valid tax file number; or
(b) the student gives to the officer a certificate from the
*Commissioner stating that the student has
applied to the Commissioner asking the Commissioner to issue a tax file number
to the student.
49 Subsection 187-1(2)
After “subsection (1)”, insert “or (1A) (as the case
requires)”.
50 After subsection 187-1(3)
Insert:
(3A) A notification under paragraph (1A)(a) may be included in a
*request for Commonwealth assistance that the
student has given to *Open Learning Australia
in relation to the unit of study for which the assistance is sought, or any
other unit of study.
51 Subsection 187-1(4)
Repeal the subsection, substitute:
(4) The *Commissioner may issue
guidelines about the circumstances in which:
(a) a higher education provider is to be, or is not to be, satisfied that
a number is a valid *tax file number for the
purposes of paragraph (1)(a); and
(b) *Open Learning Australia is to be, or
is not to be, satisfied that a number is a valid tax file number for the
purposes of paragraph (1A)(a).
52 At the end of
section 187-1
Add:
(6) A certificate under paragraph (1A)(b) must be in a form approved
by the *Commissioner.
53 After section 187-1
Insert:
(1) An appropriate officer of a higher education provider,
means a person, or a person included in a class of persons, whom:
(a) the chief executive officer of the provider; or
(b) a delegate of the chief executive officer of the provider;
has appointed to be an appropriate officer of the provider for the purposes
of this Act.
(2) An appropriate officer of
*Open Learning Australia, means a person, or a
person included in a class of persons, whom:
(a) the chief executive officer of Open Learning Australia; or
(b) a delegate of the chief executive officer of Open Learning
Australia;
has appointed to be an appropriate officer of Open Learning Australia for
the purposes of this Act.
54 At the end of
section 187-5
Add:
(2) If a student *meets the tax file
number requirements for assistance under paragraph 187-1(1A)(b):
(a) the student must notify his or her
*tax file number to an
*appropriate officer of
*Open Learning Australia within 21 days from
the day on which the *Commissioner issues the
tax file number to the student; and
(b) Open Learning Australia must be satisfied (in accordance with
subsection 187-1(4)) that this number is a valid
*tax file number.
55 Division 190 of Part 5-5 of
Chapter 5 (heading)
Repeal the heading, substitute:
56 At the end of
section 190-1
Add:
(2) The *Commissioner may give to
*Open Learning Australia written notice of the
*tax file number of a student to whom Open
Learning Australia provides access to a unit of study if the
Commissioner:
(a) issues the tax file number to the student; or
(b) refuses to issue a tax file number to the student on the ground that
the student already has a tax file number.
57 At the end of
section 190-5
Add:
(3) The *Commissioner may give to
*Open Learning Australia written notice of the
*tax file number of a student to whom Open
Learning Australia provides access to a unit of study if the Commissioner issues
a new tax file number to the student in place of a tax file number that has been
withdrawn.
(4) That new number is taken to be the number that the student notified to
*Open Learning Australia.
58 At the end of
section 190-10
Add:
(3) If the *Commissioner is
satisfied:
(a) that the *tax file number that a
student has notified to *Open Learning
Australia:
(i) has been cancelled or withdrawn since the notification was given;
or
(ii) is otherwise wrong; and
(b) that the student has a tax file number;
the Commissioner may give to Open Learning Australia written notice of the
incorrect notification and of the student’s tax file number.
(4) That number is taken to be the number that the student notified to
*Open Learning Australia.
59 After subsection 190-15(1)
Insert:
(1A) If:
(a) the *Commissioner is satisfied that
the *tax file number that a student notified to
*Open Learning Australia:
(i) has been cancelled since the notification was given; or
(ii) is for any other reason not the student’s tax file number;
and
(b) the Commissioner is not satisfied that the student has a tax file
number;
the Commissioner may give Open Learning Australia a written notice
informing Open Learning Australia accordingly.
60 Subsection 190-15(2)
After “subsection (1)”, insert “or
(1A)”.
61 After subsection 190-20(1)
Insert:
(1A) If the *Commissioner:
(a) refuses a student’s application for the issue of a
*tax file number; or
(b) cancels a tax file number issued to a student;
the Commissioner may, if access to a unit of study is provided to the
student by *Open Learning Australia, give to
Open Learning Australia written notice informing Open Learning Australia
accordingly.
62 Subsection 190-20(2)
After “subsection (1)”, insert “or
(1A)”.
63 Division 193 of Part 5-5 of
Chapter 5 (heading)
Repeal the heading, substitute:
64 After subsection 193-1(2)
Insert:
Requests for FEE-HELP assistance—requirements on Open Learning
Australia
(2A) *Open Learning Australia must notify
a person in writing how to *meet the tax file
number requirements if:
(a) Open Learning Australia provides access to a unit of study to the
person; and
(b) the person has, on or before the
*census date for the unit, completed and signed
a *request for Commonwealth assistance in
relation to the unit; and
(c) in that request, the person requests
*FEE-HELP assistance for the unit;
and
(d) the request does not include a number that purports to be the
person’s *tax file number.
(2B) *Open Learning Australia must notify
the person under subsection (2A):
(a) on or before the *census date for the
unit; or
(b) within 7 days after the person gives Open Learning Australia the
*request for Commonwealth assistance;
whichever is earlier.
(2C) A request for Commonwealth assistance, in relation to a
person to whom *Open Learning Australia
provides access to a unit of study, means a document:
(a) in which the person requests the Commonwealth to provide assistance
under this Act in relation to the unit; and
(b) that is in the form approved by the Minister; and
(c) that the person gives to an
*appropriate officer of Open Learning Australia
on or before the person’s enrolment in the unit.
Note: The heading to subsection 193-1(1) is altered by
adding at the end “—requirements on higher education
providers”.
65 Section 206-1 (cell at table item 2,
column headed “Provision under which decision is
made”)
Repeal the cell, substitute:
|
|
|
subsection 104-25(1) |
|
66 Section 206-1 (after table
item 2)
Insert:
|
2A |
Refusal to re-credit a person’s FEE-HELP balance |
subsection 104-25(2) |
*Open Learning Australia |
67 Section 206-1 (note)
Repeal the note, substitute:
Note 1: The decisions referred to in items 1 and 2 of
the table are made by a higher education provider on the Secretary’s
behalf.
Note 2: The decisions referred to in item 2A of the
table are made by Open Learning Australia on the Secretary’s
behalf.
68 Paragraph 209-1(1)(b)
Repeal the paragraph, substitute:
(b) if the *decision maker was
*Open Learning Australia acting on behalf of
the *Secretary—the Secretary;
or
(c) in any other case—the decision maker, but see
subsection (2).
69 Section 209-1 (note)
Repeal the note, substitute:
Note 1: The Secretary may delegate to a review officer of a
higher education provider the power to reconsider reviewable decisions made
under Chapter 3: see subsection 238-1(2).
Note 2: The Secretary may also delegate to a review officer
of Open Learning Australia the power to reconsider reviewable decisions made
under Chapter 3: see subsection 238-1(2A).
70 At the end of
section 225-5
Add:
; and (c) the person’s principal purpose is either or both of the
following:
(i) to provide education;
(ii) to conduct research.
71 At the end of
section 225-10
Add:
; and (c) the person’s principal purpose is either or both of the
following:
(i) to provide education;
(ii) to conduct research.
72 Paragraph 225-20(1)(b)
Repeal the paragraph, substitute:
(b) following a reassessment of the person’s approval made having
regard to the *National Protocols—the
person’s circumstances have so changed that it is no longer appropriate
that the person be empowered to issue its own qualifications; or
(c) the person’s circumstances have changed so that it no longer
satisfies paragraph 225-5(c).
73 Paragraph 225-20(2)(b)
Repeal the paragraph, substitute:
(b) following a reassessment of the course accreditation made having
regard to the *National Protocols—the
content of, or manner of providing, the course has so changed that it is no
longer appropriate to the award; or
(c) the person’s circumstances have changed so that it no longer
satisfies paragraph 225-10(c).
74 After subsection 238-1(2)
Insert:
(2A) The *Secretary may, in writing,
delegate to a *review officer of
*Open Learning Australia the Secretary’s
powers under Division 209 to reconsider
*reviewable decisions made by Open Learning
Australia relating to Chapter 3.
(2B) A review officer of
*Open Learning Australia is a person, or a
person included in a class of persons, whom:
(a) the chief executive officer of Open Learning Australia; or
(b) a delegate of the chief executive officer of Open Learning
Australia;
has appointed to be a review officer of Open Learning Australia for the
purposes of reviewing decisions made by it relating to assistance under
Chapter 3.
75 Clause 1 of Schedule 1 (definition of
appropriate officer)
Repeal the definition, substitute:
appropriate officer has the meaning given by
section 187-2.
76 Clause 1 of Schedule 1 (definition of
census date)
Repeal the definition, substitute:
census date, for a unit of study for a year, means:
(a) if the student undertaking the unit has not accessed it through
*Open Learning Australia—the date
determined under section 169-25; and
(b) if the student undertaking the unit has accessed it through Open
Learning Australia—the date determined under subsection
104-4(5).
77 Clause 1 of Schedule 1 (definition of
course of study)
Repeal the definition, substitute:
course of study means:
(a) an *enabling course; or
(b) a single course leading to a *higher
education award; or
(c) a course recognised by the higher education provider at which the
course is undertaken as a combined or double course leading to 1 or more
*higher education awards.
Example: An example of a combined or double course covered
by paragraph (c) is a course that leads to the higher education awards of
Bachelor of Arts and Bachelor of Laws.
78 Clause 1 of
Schedule 1
Insert:
eligible scholarship provider has the meaning given by
subsection 46-15(3).
79 Clause 1 of Schedule 1 (definition of
fee)
Repeal the definition, substitute:
fee, for a unit of study for a year:
(a) if the student undertaking the unit has not accessed it through
*Open Learning Australia—has the meaning
given by section 19-102; and
(b) if the student undertaking the unit has accessed it through Open
Learning Australia—has the meaning given by subsections 104-4(3) and
(4).
80 Clause 1 of
Schedule 1
Insert:
officer of Open Learning Australia has the meaning given by
subsection 179-15(3A).
81 Clause 1 of
Schedule 1
Insert:
permanent humanitarian visa holder means the holder of a visa
that is, or has at any time been, defined as a permanent humanitarian visa for
the purposes of the regulations made under the Migration Act
1958.
82 Clause 1 of Schedule 1 (definition of
request for Commonwealth assistance)
Repeal the definition, substitute:
request for Commonwealth assistance:
(a) in relation to a person enrolling in a unit of study with a higher
education provider (where access to the unit is not provided by
*Open Learning Australia)—has the meaning
given by subsection 36-40(3); and
(b) in relation to a person to whom access to a unit of study is provided
by Open Learning Australia—has the meaning given by subsection
193-1(2C).
83 Clause 1 of Schedule 1 (definition of
review officer)
Repeal the definition, substitute:
review officer:
(a) of a higher education provider—has the meaning given by
subsection 19-50(2); and
(b) of *Open Learning Australia—has
the meaning given by subsection 238-1(2B).
84 Clause 1 of Schedule 1 (definition of
tuition fee)
Repeal the definition, substitute:
tuition fee:
(a) in relation to a unit of study access to which is not provided by
*Open Learning Australia—has the meaning
given by section 19-105; and
(b) in relation to a unit of study access to which is provided by Open
Learning Australia—means a fee determined under subsection
104-2(7).
85 Saving of guidelines
(1) Guidelines issued under subsection 187-1(4) of the Higher Education
Support Act 2003 that were in force immediately before the commencement of
this item continue to have effect on and after that commencement as if they had
been issued under that subsection as in force after that commencement.
(2) Subitem (1) does not prevent the amendment or revocation of the
guidelines.
1 Item 5 of
Schedule 1
Repeal the item, substitute:
5 Meaning of institution
In this Schedule:
institution has the meaning given by section 4 of the
Higher Education Funding Act 1988.
1 Section 3 (paragraph (b) of the
definition of ex officio member)
Repeal the paragraph.
2 Paragraph 10(1)(b)
Repeal the paragraph.
3 Paragraph 10(1)(q)
Omit “6”, substitute “7”.
4 Paragraph 12(2)(b)
Repeal the paragraph, substitute:
(b) if the Pro-Chancellor is a member of the Council—he or she is
present;
5 Subsection 12(3)
After “Pro-Chancellor”, insert “(if he or she is a member
of the Council)”.
6 Subsection 13(1)
After “Pro-Chancellor”, insert “(if he or she is a member
of the Council)”.
7 Subsection 13(3)
Omit “The”, substitute “Subject to subsection (4),
the”.
8 At the end of subsection
13(3)
Add “(if he or she is a member of the Council)”.
9 Subsection 13(4)
Repeal the subsection, substitute:
(4) If the proposed resolution deals with whether a member of the Council
has breached his or her duties under section 18A, 18B, 18C, 18D, 18E or 18F
as a member of the Council, the resolution is passed if each of at least a
two-thirds majority of the members of the Council eligible to vote on that
resolution:
(a) signs a document containing the text of the resolution; and
(b) returns it to the Chancellor or Pro-Chancellor (if he or she is a
member of the Council).
(5) For the purposes of this section, a member of the Council is not
eligible to vote on a resolution if:
(a) the resolution relates to a matter in which the member has a direct or
indirect pecuniary interest; or
(b) if the resolution deals with whether a member of the Council has
breached his or her duties under section 18A, 18B, 18C, 18D, 18E or 18F as
a member of the Council—he or she is the member to whom the resolution
relates.
10 Paragraph 15(1)(k)
After “opinion”, insert “formed by resolution passed as
mentioned in subsection (1A) or subsection 13(4)”.
11 After subsection 15(1)
Insert:
(1A) For the purposes of paragraph (1)(k), the Council forms its
opinion by resolution passed at a meeting of the Council if the resolution is
passed at the meeting by at least a two-thirds majority of the members of the
Council.
12 Subsection 15(2)
Omit “, (b)”.
13 Paragraph 15(2)(b)
Repeal the paragraph.
14 At the end of subsection
32(1)
Add “The appointee must not be a student or an employee of the
University.”.
15 After subsection 32(1)
Insert:
(1A) The Chancellor ceases to hold office as Chancellor if he or she
becomes a student or an employee of the University.
16 Subsection 32(2)
After “Subject to”, insert “subsection (1A)
and”.
17 At the end of subsection
33(1)
Add “The appointee must be a member of the Council appointed by the
Minister under paragraph 10(1)(q).”.
18 After subsection 33(1)
Insert:
(1A) The Pro-Chancellor may hold that office for a period that is shorter
than the period of his or her office as a member of the Council. However,
if:
(a) the period of his or her office as a member of the Council ends at a
particular time; or
(b) his or her office as a member of the Council becomes vacant under
section 15 at a particular time;
he or she also ceases to hold office as Pro-Chancellor at that
time.
19 Subsection 33(2)
After “Subject to”, insert “subsection (1A)
and”.
Part 2—Transitional
provisions
20 Definition
In this Part:
Principal Act means the Australian National University Act
1991.
21 Amendments relating to the
Chancellor
The amendments of section 32 of the Principal Act made by this Act
apply to each person holding office as Chancellor under that section on or after
the commencement of this item, whether that person was appointed to that office
before, on or after that commencement.
22 Amendments relating to the
Pro-Chancellor
(1) This item applies to a person who holds office as Pro-Chancellor
immediately before the commencement of this item.
(2) The appointment of the person as Pro-Chancellor continues in force
after the commencement of this item as if it had been made under section 33
of the Principal Act as amended by this Act.
(3) For the purposes of the Principal Act as amended by this Act, the
person is taken, on the commencement of this item:
(a) to have been appointed to the Council by the Minister under paragraph
10(1)(q) of the Principal Act on the recommendation of the Nominations Committee
of Council; and
(b) to have been so appointed for a period equal to the remainder of the
period of his or her office as Pro-Chancellor if no amendment of section 33
of the Principal Act had been made by this Act.
1 Paragraph 202F(1)(fa)
After “subsection 190-15(1)”, insert “or
(1A)”.
2 Paragraph 202F(1)(fb)
After “subsection 190-20(1)”, insert “or
(1A)”.