2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 (Education) A Bill for an Act to amend legislation relating to higher education, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 2 Schedule 1--Student services and amenities 3 Higher Education Support Act 2003 3 Income Tax Assessment Act 1936 17 Schedule 2--VET FEE-HELP 18 Higher Education Support Act 2003 18 Schedule 3--Tertiary Admission Centres 20 Higher Education Support Act 2003 20 i Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 2 higher education, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Higher Education Legislation 6 Amendment (Student Services and Amenities, and Other Measures) 7 Act 2009. 8 2 Commence ment 9 (1) Each provision of this Act specified in column 1 of the table 10 commences, or is taken to have commenced, in accordance with 11 column 2 of the table. Any other statement in column 2 has effect 12 according to its terms. 13 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 A single day to be fixed by Proclamat ion. However, if any of the provision(s) do not commence with in the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 3. Schedules 2 The day after this Act receives the Royal and 3 Assent. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 12 2 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 2 Schedule 1--Student services and amenities 3 4 Higher Education Support Act 2003 5 1 Paragraph 3-10(c) 6 Omit "study.", substitute "study;". 7 2 After paragraph 3-10(c) 8 Insert: 9 (d) SA-HELP assistance for meeting student services and 10 amenities fees imposed by higher education providers. 11 3 Subsection 5-1(2) (after table item 5) 12 Insert: 5A Part 3-5 (SA-HELP Applies to eligib le students of the * Australian assistance) branch of the provider who are enro lled at the Australian branch in a * course of study or * bridging course for overseas -trained professionals. 13 4 At the end of section 19-37 14 Add: 15 (4) Subsection (2) does not apply to a *student services and amenities 16 fee that the higher education provider requires the person to pay. 17 (5) A student services and amenities fee is an amount: 18 (a) that a higher education provider requires a person enrolled, or 19 seeking to enrol, with the provider to pay for a period starting 20 on or after 1 July 2009 to support the provision to students of 21 amenities and services not of an academic nature, regardless 22 of whether the person chooses to use any of those amenities 23 and services; and 24 (b) that is determined by the provider in accordance with the 25 Student Services and Amenities Fee Guidelines; and 26 (c) that is not more than the amount worked out for that period 27 for the person in accordance with those guidelines; and Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 3 [Page Break] 1 (d) that is payable on a day determined in accordance with those 2 guidelines; and 3 (e) that is such that the total of all amounts that are covered by 4 paragraphs (a), (b), (c) and (d) for the same provider and 5 person is not more than: 6 (i) $125, for amounts for periods falling wholly or partly 7 within the 6 months starting on 1 July 2009; or 8 (ii) $250, for amounts for periods falling wholly or partly 9 within a calendar year starting on or after 1 January 10 2010. 11 Note 1: The Student Services and Amenities Fee Guidelines are made by the 12 M inister under section 238-10. 13 Note 2: The amount of $250 mentioned in subparagraph (5)(e)(ii) is indexed 14 under Part 5-6. 15 Note 3: Paragraph 19-102(3)(b) prevents a student services and amenities fee 16 from being a fee as defined in section 19-102. 17 (6) If a higher education provider determines a * student services and 18 amenities fee, the provider: 19 (a) must publish, in accordance with the Student Services and 20 Amenities Fee Guidelines: 21 (i) enough information to enable a person liable to pay the 22 fee to work out the amount of the fee; and 23 (ii) notice of the day on which the fee is payable; and 24 (b) must, on request by a person who is or may become liable to 25 pay the fee, inform the person of the amount of the fee and 26 the day on which it is or would be payable. 27 5 After section 19-37 28 Insert: 29 19-38 Higher education provide rs' expenditure of student services 30 and amenities fees 31 (1) A higher education provider must not spend an amount paid to the 32 provider as a *student services and amenities fee to support: 33 (a) a political party; or 34 (b) the election of a person as a member of: 35 (i) the legislature of the Commonwealth, a State or a 36 Territory; or 4 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 (ii) a local government body. 2 (2) If a higher education provider pays a person or organisation an 3 amount paid to the provider as a * student services and amenities 4 fee, the provider must make the payment on the condition that none 5 of the payment is to be spent by the person or organisation to 6 support: 7 (a) a political party; or 8 (b) the election of a person as a member of: 9 (i) the legislature of the Commonwealth, a State or a 10 Territory; or 11 (ii) a local government body. 12 (3) A higher education provider must not spend, for purposes other 13 than those specified by the Student Services and Amenities Fee 14 Guidelines, an amount pa id to the provider as a *student services 15 and amenities fee. 16 Note: The Student Services and Amenities Fee Guidelines are made by the 17 M inister under section 238-10. 18 (4) To avoid doubt, subsections (1), (2) and (3) apply to an advance 19 made to a higher education provider on account of * SA-HELP 20 assistance in the same way as they apply to an amount paid to the 21 provider as a *student services and amenities fee. 22 Note: An amount of SA-HELP assistance paid to a provider is an amount 23 paid to the provider as a student services and amenities fee because, 24 under section 128-1, the SA-HELP assistance is paid to discharge the 25 student's liability to pay the fee. 26 (5) Subsection (4) does not limit subsection 164-10(2). 27 Note: Subsection 164-10(2) applies to an advance on account of an amount 28 the conditions that would apply to payment of the amount. 29 6 After section 19-65 30 Insert: 31 19-67 Special requirements for student services, amenities, 32 representation and advocacy in 2010 and late r years 33 (1) A higher education provider that receives a grant under Part 2-2 in 34 respect of the year 2010 or a later year must comply in respect of 35 the year with the requirements of the Student Services, Amenities, Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 5 [Page Break] 1 Representation and Advocacy Guidelines as those guidelines were 2 in force on the 30 June just before the year. 3 Note: The Student Services, Amenities, Representation and Advocacy 4 Guidelines are made by the M inister under section 238-10. 5 (2) The Student Services, Amenities, Representation and Advocacy 6 Guidelines may provide for: 7 (a) requirements for providing students with information about 8 services that are not of an academic nature and that support 9 students; and 10 (b) requirements for providing students with access to such 11 services; and 12 (c) requirements relating to the representation and advocacy of 13 the interests of students. 14 (3) However, the Student Services, Amenities, Representation and 15 Advocacy Guidelines cannot require a provider to fund an 16 organisation of students, or of students and other persons. 17 (4) Subsection 19-65(1) does not apply in relation to the Student 18 Services, Amenities, Representation and Advocacy Guidelines. 19 7 Section 65-1 20 Omit "3 kinds" (wherever occurring), substitute "4 kinds". 21 8 Section 65-1 22 Omit: 23 · OS-HELP assistance--assistance to a student who, as part of 24 his or her course of study, is to undertake study at an overseas 25 higher education institution (see Part 3.4). 26 Substitute: 27 · OS-HELP assistance--assistance to a student who, as part of 28 his or her course of study, is to undertake study at an overseas 29 higher education institution (see Part 3-4); 30 · SA-HELP assistance--assistance to a student on whom a 31 student services and amenities fee is imposed (see Part 3-5). 6 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 9 Section 65-1 2 Omit "and FEE-HELP assistance)", substitute ", FEE-HELP assistance 3 and SA-HELP assistance)". 4 10 At the end of Chapter 3 5 Add: 6 Part 3-5--SA-HELP assistance 7 Division 125--Introduction 8 125-1 What this Part is about 9 A student may be entitled to SA-HELP assistance for a student 10 services and amenities fee imposed on him or her by a higher 11 education provider, if certain requirements are met. 12 The amount of the assistance is the amount of the fee, less any 13 amounts of the fee paid on or before the day the fee is payable 14 (except any SA-HELP assistance paid under this Part). The 15 assistance is paid to the provider to discharge the student's liability 16 to pay the fee. 17 Note: Amounts of assistance under this Part may form part of a person's 18 HELP debts that the Commonwealth recovers under Part 4-2. 19 Division 126--Who is entitled to SA-HELP assistance? 20 126-1 Entitle ment to SA-HELP assistance 21 (1) A student is entitled to * SA-HELP assistance for a *student 22 services and amenities fee imposed on the student for a period by a 23 higher education provider if: 24 (a) the student meets the citizenship or residency requirements 25 under section 126-5; and 26 (b) the student is enrolled with the provider in a * course of study 27 or a * bridging course for overseas-trained professionals on 28 the day on which the fee is payable; and 29 (c) the student * meets the tax file number requirements (see 30 section 187-1); and Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 7 [Page Break] 1 (d) the student has, on or before the day on which the fee is 2 payable, completed, signed and given to an * appropriate 3 officer of the provider a * request for Commonwealth 4 assistance in relation to the fee. 5 (2) A request for Commonwealth assistance, in relation to a * student 6 services and amenities fee imposed for a period on a person who is 7 enrolled with a higher education provider in a * course of study or a 8 * bridging course for overseas-trained professionals, means a 9 document: 10 (a) in which the person requests the Commonwealth to provide 11 assistance under this Act in relation to the fee for the period 12 (and any student services and amenities fee imposed for a 13 later period during which the person is enrolled in the course 14 or bridging course); and 15 (b) that is in the form approved by the Minister. 16 126-5 Citizenship or residency require ments 17 (1) A student meets the citizenship or residency requirements under 18 this section in relation to a * student services and amenities fee 19 imposed on the student by a higher education provider if the 20 student is, on the day the fee is payable: 21 (a) an Australian citizen; or 22 (b) a * permanent humanitarian visa holder resident in Australia. 23 (2) Despite subsection (1), a * permanent humanitarian visa holder does 24 not meet the citizenship or residency requirements in relation to a 25 * student services and amenities fee imposed on the visa holder by a 26 higher education provider if the provider reasonably expects that 27 the visa holder will not undertake in Australia any * units of study 28 with the provider. 8 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 Division 127--How are amounts of SA-HELP assistance 2 worked out? 3 127-1 The amount of SA-HELP assistance for a student services and 4 amenities fee 5 The amount of * SA-HELP assistance to which a student is entitled 6 for a * student services and amenities fee is the difference (if any) 7 between: 8 (a) the fee; and 9 (b) the sum of any payments of the fee (other than a payment of 10 SA-HELP assistance under this Part) made on or before the 11 day on which the fee is payable. 12 Division 128--How are amounts of SA-HELP assistance 13 paid? 14 Note: Part 5-1 deals generally with payments by the Commonwealth under this Act. 15 128-1 Payments to higher education providers of loans to students 16 If a student is entitled to an amount of * SA-HELP assistance for a 17 * student services and amenities fee imposed by a higher education 18 provider, the Commonwealth must: 19 (a) as a benefit to the student, lend to the student the amount of 20 SA-HELP assistance; and 21 (b) pay to the provider the amount lent in discharge of the 22 student's liability to pay the fee. 23 128-5 Repayment by higher education provider if student does not 24 have tax file numbe r 25 A higher education provider must repay the Commonwealth an 26 amount paid to the provider under section 128-1 in discharge of a 27 person's liability to pay a * student services and amenities fee if 28 subsection 193-15(1) applies to the person. 29 Note 1: Subsection 193-15(1) applies to a person who does not have a tax file 30 number. 31 Note 2: The person's SA-HELP debt will be remitted if the higher education 32 provider must repay the amount under this section: see subsection 33 137-16(4). Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 9 [Page Break] 1 11 Section 134-1 2 Omit "or OS-HELP assistance", substitute ", OS-HELP assistance or 3 SA-HELP assistance". 4 12 After paragraph 137-1(c) 5 Insert: 6 (ca) * SA-HELP debts; 7 13 After section 137-15 8 Insert: 9 137-16 SA-HELP debts 10 Incurring SA-HELP debts 11 (1) A person incurs a debt to the Commonwealth if, under 12 section 128-1, the Commonwealth: 13 (a) makes a loan to the person; and 14 (b) uses the amount lent to make a payment of the person's 15 liability to pay a *student services and amenities fee. 16 The debt is an SA-HELP debt. 17 (2) The amount of the * SA-HELP debt is an amount equal to the loan. 18 When SA-HELP debts are incurred 19 (3) An * SA-HELP debt is taken to have been incurred by a person 20 immediately after the day on which the * student services and 21 amenities fee to which the loan relates is payable, whether or not 22 the Commonwealth has made a payment in respect of the fee. 23 Remission of SA-HELP debts 24 (4) A person's * SA-HELP debt in relation to a * student services and 25 amenities fee imposed by a higher education provider is taken to be 26 remitted if, under section 128-5, the provider must repay the 27 Commonwealth the amount the Commonwealth paid the provider 28 in relation to the fee. 29 14 Subsection 140-5(1) (method statement, step 2, after 30 paragraph (e)) 10 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 Insert: 2 (ea) * SA-HELP assistance for * student services and 3 amenities fees imposed on the person by one 4 particular higher education provider; or 5 15 Subsection 140-5(1) (method statement, step 2, note) 6 After "(e),", insert "(ea),". 7 16 Subsection 140-25(1A) (method statement, step 1, after 8 paragraph (e)) 9 Insert: 10 (ea) * SA-HELP assistance for * student services and 11 amenities fees imposed on the person by one 12 particular higher education provider; or 13 17 Subsection 140-25(1A) (method statement, step 1, note) 14 After "(e),", insert "(ea),". 15 18 Paragraph 154-55(1)(a) 16 After "applied for", insert "one or more of the following". 17 19 Subparagraph 154-55(1)(a)(i) 18 Omit "or" (last occurring). 19 20 Subparagraph 154-55(1)(a)(ii) 20 Omit "and". 21 21 At the end of paragraph 154-55(1)(a) 22 Add: 23 (iii) * SA-HELP assistance for a * student services and 24 amenities fee for a period; and 25 22 Subparagraph 169-5(1)(b)(i) 26 After "unit", insert "or for a *student services and amenities fee 27 imposed on the person by the provider". Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 11 [Page Break] 1 23 Section 169-30 2 Before "In", insert "(1)". 3 24 At the end of section 169-30 4 Add: 5 (2) In communications under, or for the purposes of, this Act between 6 the Commonwealth and a higher education provider concerning a 7 person who: 8 (a) has had a *student services and amenities fee imposed on him 9 or her by the provider; and 10 (b) has indicated that the person is seeking * SA-HELP assistance 11 for the fee; 12 the provider must use any identifier for that person that the 13 * Secretary has indicated must be used in such communications. 14 25 Section 169-35 15 Before "If:", insert "(1)". 16 26 At the end of paragraph 169-35(b) 17 Add "other than * SA-HELP assistance". 18 27 At the end of section 169-35 19 Add: 20 (2) If: 21 (a) more than 6 weeks after the day on which a * student services 22 and amenities fee imposed on a person by a higher education 23 provider was payable, the person gives the provider 24 information in writing (the correct information) that 25 establishes that information contained in or accompanying a 26 * request for Commonwealth assistance made by the person in 27 relation to the fee was incorrect; and 28 (b) the correct information establishes that the person was 29 entitled to * SA-HELP assistance for the fee; 30 this Act applies as if the person had never been entitled to the 31 SA-HELP assistance. 32 28 Subsections 187-1(1) and (1A) 33 After "Chapter 3", insert ", except * SA-HELP assistance,". 12 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 Note: The following heading to subsection 187-1(1) is inserted "Assistance other than 2 SA-HELP assistance". 3 29 Subsection 187-1(3) 4 After "* request for Commonwealth assistance", insert ", except a 5 request for Commonwealth assistance relating to a * student services and 6 amenities fee,". 7 30 After subsection 187-1(3A) 8 Insert: 9 SA-HELP assistance 10 (3B) A student who is enrolled, or proposes to enrol, with a higher 11 education provider in a *course of study or * bridging course for 12 overseas-trained professionals meets the tax file number 13 requirements for * SA-HELP assistance if: 14 (a) the student notifies his or her * tax file number to an 15 * appropriate officer of the provider, and the provider is 16 satisfied (in accordance with subsection (4)) that this number 17 is a valid tax file number; or 18 (b) the student gives to the officer a certificate from the 19 * Commissioner stating that the student has applied to the 20 Commissioner asking the Commissioner to issue a tax file 21 number to the student. 22 (3C) Compliance by a person with subsection (3B) in relation to the 23 person's actual or proposed enrolment in a * course of study or 24 * bridging course for overseas-trained professionals is to be ignored 25 in determining whether there has been compliance by the person 26 with subsection (3B) in relation to the person's actual or proposed 27 enrolment in another such course or bridging course. 28 (3D) If the student is seeking * SA-HELP assistance for a * student 29 services and amenities fee, he or she does not meet the tax file 30 number requirements for the assistance unless he or she complies 31 with subsection (3B) on or before the day the fee is payable. 32 (3E) A notification under paragraph (3B)(a) may be included in any 33 * request for Commonwealth assistance relating to a * student 34 services and amenities fee imposed on the student in connection Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 13 [Page Break] 1 with his or her enrolment in the * course of study or * bridging 2 course for overseas-trained professionals. 3 31 Paragraph 187-1(4)(a) 4 After "paragraph (1)(a)", insert "or (3B)(a)". 5 Note: The following heading to subsection 187-1(4) is inserted "Commissioner's role". 6 32 Transitional--guidelines issued under subsection 187-1(4) 7 of the Higher Education Support Act 2003 8 (1) Guidelines in force under subsection 187-1(4) of the Higher Education 9 Support Act 2003 immediately before the commencement of the 10 amendment of that subsection by this Schedule have effect after that 11 commencement as if they had been issued under that subsection as 12 amended by this Schedule. 13 (2) Subitem (1) does not prevent the repeal or amendment of the guidelines. 14 33 Subsection 187-1(5) 15 After "paragraph (1)(b)", insert "or (3B)(b)". 16 Note: The following heading to subsection 187-1(7) is inserted "Commissioner's guidelines 17 are legislative instruments". 18 34 After subsection 193-1(4) 19 Insert: 20 Requests for SA-HELP assistance 21 (4A) A higher education provider must notify a person in writing how to 22 * meet the tax file number requirements if: 23 (a) the person is enrolled with the provider in a *course of study 24 or * bridging course for overseas-trained professionals; and 25 (b) the provider has imposed a * student services and amenities 26 fee on the person; and 27 (c) the person has, on or before the day on which the fee is 28 payable, completed, signed and given to the * appropriate 29 officer of the provider a * request for Commonwealth 30 assistance in relation to a student services and amenities fee 31 imposed on the person for a period during which he or she is 32 enrolled in the course or bridging course; and 14 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 (d) in that request, the person requests * SA-HELP assistance for 2 the student services and amenities fee; and 3 (e) the request does not include a number that purports to be the 4 person's * tax file number. 5 (4B) The provider must notify the person under subsection (4A): 6 (a) on or before the day the *student services and amenities fee is 7 payable; or 8 (b) within 7 days after the person gives the provider the * request 9 for Commonwealth assistance; 10 whichever is earlier. 11 35 Paragraph 193-1(5)(a) 12 Omit "or * OS-HELP assistance", substitute ", * OS-HELP assistance or 13 * SA-HELP assistance". 14 36 At the end of Division 193 15 Add: 16 193-15 No entitle ment to SA-HELP assistance for students without 17 tax file numbe rs 18 (1) This subsection applies to a person if: 19 (a) a higher education provider has imposed a *student services 20 and amenities fee on the person; and 21 (b) the provider receives notice under section 190-15 or 190-20 22 to the effect that the person does not have, or no longer has, a 23 * tax file number; and 24 (c) at the end of 28 days after the provider receives that notice, 25 the provider has not been notified of a number that the 26 provider is satisfied (in accordance with subsection (2)) is a 27 valid tax file number; and 28 (d) the person is entitled to * SA-HELP assistance for the fee 29 (ignoring paragraph 126-1(1)(c)). 30 Note: If subsection (1) applies to a person: 31 (a) the provider must repay any amount paid to the provider by the 32 Commonwealth to discharge the person's liability for the student 33 services and amenities fee (see section 128-5); and 34 (b) the person's SA-HELP debt relating to the payment by the 35 Commonwealth is remitted (see subsection 137-16(4)). Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 15 [Page Break] 1 (2) A higher education provider must, in deciding whether it is 2 satisfied that a number is a valid * tax file number for the purposes 3 of paragraph (1)(c), comply with the guidelines issued by the 4 * Commissioner under subsection 187-1(4). 5 (3) A higher education provider must comply with any requirements, 6 set out in guidelines issued by the * Commissioner, relating to 7 procedures for informing persons of the need to obtain a valid * tax 8 file number, where the persons may be affected by subsection (1) 9 applying to them. 10 (4) A guideline issued under subsection (3) is a legislative instrument. 11 37 Section 198-5 (before table item 1) 12 Insert: 1AA Amount mentioned in subparagraph Section 2010 19-37(5)(e)(ii) 19-37 13 38 Subsection 238-10(1) (after table item 10) 14 Insert: 10A Student Services, Amenit ies, section 19-67 Representation and Advocacy Guidelines 10B Student Services and Amenities Fee sections 19-37 and 19-38 Gu idelines 15 39 Subclause 1(1) of Schedule 1 (after paragraph (b) of the 16 definition of request for Commonwealth assistance) 17 Insert: 18 (ba) in relation to a * student services and amenities fee imposed 19 on a person enrolled with a higher education provider in a 20 * course of study or * bridging course for overseas-trained 21 professionals--has the meaning given by subsection 22 126-1(2); and 23 40 Subclause 1(1) of Schedule 1 24 Insert: 25 SA-HELP assistance means assistance payable under Part 3-5. 26 41 Subclause 1(1) of Schedule 1 27 Insert: 16 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 SA-HELP debt has the meaning given by section 137-16. 2 42 Subclause 1(1) of Schedule 1 3 Insert: 4 student services and amenities fee has the meaning given by 5 subsection 19-37(5). 6 Income Tax Assessment Act 1936 7 43 Paragraph 202(c) 8 After "institutions of higher education", insert "or in respect of the costs 9 of other services and amenities available to students in connection with 10 such institutions". 11 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 17 [Page Break] 1 2 Schedule 2--VET FEE-HELP 3 4 Higher Education Support Act 2003 5 1 Subsection 137-18(2) 6 Repeal the subsection, substitute: 7 (2) The amount of the * VET FEE-HELP debt is: 8 (a) 120% of the loan; or 9 (b) if the * VET FEE-HELP Guidelines specify a lesser 10 percentage of the loan for the person--that lesser percentage 11 of the loan. 12 Note: For specification by class, see subsection 13(3) of the Legislative 13 Instruments Act 2003. 14 2 Application 15 The amendment of section 137-18 of the Higher Education Support Act 16 2003 made by this Schedule applies to VET FEE-HELP debts relating 17 to VET units of study whose census dates are on or after 1 July 2009. 18 3 Paragraph 6(g) of Schedule 1A 19 Omit "relating to * VET credit transfer arrangements". 20 4 Application 21 The amendment of clause 6 of Schedule 1A to the Higher Education 22 Support Act 2003 made by this Schedule applies in relation to decisions 23 made on or after the commencement of the amendment on applications 24 for approval as a VET provider, whether the applications were made 25 before, on or after that commencement. 26 5 Paragraph 45(1)(a) of Schedule 1A 27 Omit "relating to * VET credit transfer arrangements". 28 6 After subclause 45(1) of Schedule 1A 29 Insert: 30 (1A) For the purposes of paragraph (1)(a), the * VET FEE-HELP 31 Guidelines: 18 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 (a) may set out different requirements relating to different 2 students undertaking the * VET unit of study; and 3 (b) may set out requirements relating to only some students 4 undertaking the VET unit of study (while not setting out 5 requirements relating to other students undertaking the unit). 6 7 Application 7 The amendments of clause 45 of Schedule 1A to the Higher Education 8 Support Act 2003 made by this Schedule apply to VET units of study 9 whose census dates are on or after 1 July 2009. 10 8 Paragraph 99(1)(a) of Schedule 1A 11 Omit "Part", substitute "provisions". 12 9 Paragraph 99(1)(b) of Schedule 1A 13 Omit "that Part", substitute "those provisions". 14 10 Subclause 99(1) of Schedule 1A (cell in table heading, 15 column headed "Part") 16 Repeal the cell, substitute: Provisions 17 11 Subclause 99(1) of Schedule 1A (cell in table item 2, 18 column headed "Part") 19 Repeal the cell, substitute: Section 137-18 and Part 2 20 12 Transitional--guidelines made under clause 99 of 21 Schedule 1A to the Higher Education Support Act 2003 22 (1) Guidelines in force under clause 99 of Schedule 1A to the Higher 23 Education Support Act 2003 immediately before the commencement of 24 the amendments of that clause by this Schedule have effect after that 25 commencement as if they had been issued under that clause as amended 26 by this Schedule. 27 (2) Subitem (1) does not prevent the repeal or amendment of the guidelines. 28 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 19 [Page Break] 1 2 Schedule 3--Tertiary Admission Centres 3 4 Higher Education Support Act 2003 5 1 Section 179-5 (paragraph (b) of the definition of Personal 6 information) 7 After "purposes of", insert "Chapter 2 or". 8 2 At the end of subsection 179-15(1) 9 Add: 10 ; or (d) the person is or was an * officer of a Tertiary Admission 11 Centre (see subsection (3B)). 12 3 After subsection 179-15(3A) 13 Insert: 14 (3B) A person is an officer of a Tertiary Admission Centre if the person 15 is: 16 (a) an officer or employee of the * Tertiary Admission Centre; or 17 (b) a person who, although not an officer or employee of the 18 Tertiary Admission Centre, performs services for or on 19 behalf of the Tertiary Admission Centre. 20 4 At the end of subsection 179-15(4) 21 Add: 22 ; or (d) for an * officer of a Tertiary Admission Centre--service as 23 such an officer. 24 5 After paragraph 179-20(ca) 25 Insert: 26 (cb) disclosure by a Commonwealth officer of personal 27 information to an * officer of a Tertiary Admission Centre to 28 assist the officer of the Tertiary Admission Centre in 29 performing duties or functions, or in exercising powers, 30 under, or for the purposes of, this Act; 31 6 After paragraph 179-20(e) 32 Insert: 20 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 (ea) disclosure by an officer of a Tertiary Admission Centre of 2 personal information to a Commonwealth officer to assist the 3 Commonwealth officer in the Commonwealth officer's 4 official employment; 5 7 At the end of section 179-20 6 Add: 7 ; (h) disclosure by an officer of a higher education provider of 8 personal information to an officer of a Tertiary Admission 9 Centre to assist the officer of the Tertiary Admission Centre 10 in performing duties or functions, or in exercising powers, 11 under, or for the purposes of, this Act; 12 (i) disclosure by an officer of a Tertiary Admission Centre of 13 personal information to an officer of a higher education 14 provider to assist the provider's officer in performing duties 15 or functions, or in exercising powers, under, or for the 16 purposes of, this Act. 17 8 At the end of subsection 179-25(1) 18 Add: 19 ; or (d) in the case of an * officer of a Tertiary Admission Centre--to 20 assist the officer in performing duties or functions, or in 21 exercising powers, under, or the purposes of, this Act. 22 9 At the end of paragraph 179-35(1)(d) 23 Add: 24 ; (v) the personal information is held on a computer of a 25 * Tertiary Admission Centre; 26 (vi) the personal information is held on behalf of a Tertiary 27 Admission Centre. 28 10 After paragraph 74(1)(a) of Schedule 1A 29 Insert: 30 (aa) the person is or was an * officer of a Tertiary Admission 31 Centre (see subsection 179-15(3B)); or 32 11 After paragraph 74(3)(a) of Schedule 1A 33 Insert: Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 21 [Page Break] 1 (aa) for an * officer of a Tertiary Admission Centre--service as 2 such an officer; or 3 12 After paragraph 75(c) of Schedule 1A 4 Insert: 5 (ca) disclosure by a Commonwealth officer of VET personal 6 information to an * officer of a Tertiary Admission Centre to 7 assist the officer of the Tertiary Admission Centre in 8 performing duties or functions, or in exercising powers, 9 under, or for the purposes of, this Schedule; 10 13 At the end of clause 75 of Schedule 1A 11 Add: 12 ; (e) disclosure by an officer of a VET provider of VET personal 13 information to an officer of a Tertiary Admission Centre to 14 assist the officer of the Tertiary Admission Centre in 15 performing duties or functions, or in exercising powers, 16 under, or for the purposes of, this Schedule; 17 (f) disclosure by an officer of a Tertiary Admission Centre of 18 VET personal information to a Commonwealth officer to 19 assist the Commonwealth officer in the Commonwealth 20 officer's official employment; 21 (g) disclosure by an officer of a Tertiary Admission Centre of 22 VET personal information to an officer of a VET provider to 23 assist the provider's officer in performing duties or functions, 24 or in exercising powers, under, or for the purposes of, this 25 Schedule. 26 14 After paragraph 76(1)(a) of Schedule 1A 27 Insert: 28 (aa) in the case of an * officer of a Tertiary Admission Centre--to 29 assist the officer in performing duties or functions, or in 30 exercising powers, under, or for the purposes of, this 31 Schedule; or 32 15 At the end of paragraph 78(1)(d) of Schedule 1A 33 Add: 34 ; (iii) the VET personal information is held on a computer of a 35 * Tertiary Admission Centre; 22 Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 [Page Break] 1 (iv) the VET personal information is held on behalf of a 2 Tertiary Admission Centre. 3 16 Subclause 1(1) of Schedule 1 4 Insert: 5 officer of a Tertiary Admission Centre has the meaning given by 6 subsection 179-15(3B). 7 17 Subclause 1(1) of Schedule 1 8 Insert: 9 Tertiary Admission Centre means a person, body or organisation 10 that provides services in relation to student admissions and 11 enrolments on behalf of: 12 (a) higher education providers; or 13 (b) * VET providers; or 14 (c) both higher education providers and VET providers. Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009 No. , 2009 23