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) 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 i Higher Education Legislation Amendment (Student Services and Amenities) 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) Act 2009. 7 2 Commencement 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 Higher Education Legislation Amendment (Student Services and Amenities) 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 this Act receives the Royal Assent. and anything in this Act not elsewhere covered by this table 2. Schedule 1 A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 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published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 12 2 Higher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) Bill 2009 No. , 2009 [Page Break] 1 Schedule 1--Student services and amenities 2 3 Higher Education Support Act 2003 4 1 Paragraph 3-10(c) 5 Omit "study.", substitute "study;". 6 2 After paragraph 3-10(c) 7 Insert: 8 (d) SA-HELP assistance for meeting student services and 9 amenities fees imposed by higher education providers. 10 3 Subsection 5-1(2) (after table item 5) 11 Insert: 5A Part 3-5 (SA-HELP Applies to eligible students of the *Australian assistance) branch of the provider who are enrolled at the Australian branch in a *course of study or *bridging course for overseas-trained professionals. 12 4 At the end of section 19-37 13 Add: 14 (4) Subsection (2) does not apply to a *student services and amenities 15 fee that the higher education provider requires the person to pay. 16 (5) A student services and amenities fee is an amount: 17 (a) that a higher education provider requires a person enrolled, or 18 seeking to enrol, with the provider to pay for a period starting 19 on or after 1 July 2009 to support the provision to students of 20 amenities and services not of an academic nature, regardless 21 of whether the person chooses to use any of those amenities 22 and services; and 23 (b) that is determined by the provider in accordance with the 24 Student Services and Amenities Fee Guidelines; and 25 (c) that is not more than the amount worked out for that period 26 for the person in accordance with those guidelines; and 27 (d) that is payable on a day determined in accordance with those 28 guidelines; and Higher Education Legislation Amendment (Student Services and Amenities) Bill 2009 No. , 2009 3 [Page Break] 1 (e) that is such that the total of all amounts that are covered by 2 paragraphs (a), (b), (c) and (d) for the same provider and 3 person is not more than: 4 (i) $125, for amounts for periods falling wholly or partly 5 within the 6 months starting on 1 July 2009; or 6 (ii) $250, for amounts for periods falling wholly or partly 7 within a calendar year starting on or after 1 January 8 2010. 9 Note 1: The Student Services and Amenities Fee Guidelines are made by the 10 Minister under section 238-10. 11 Note 2: The amount of $250 mentioned in subparagraph (5)(e)(ii) is indexed 12 under Part 5-6. 13 Note 3: Paragraph 19-102(3)(b) prevents a student services and amenities fee 14 from being a fee as defined in section 19-102. 15 (6) If a higher education provider determines a *student services and 16 amenities fee, the provider: 17 (a) must publish, in accordance with the Student Services and 18 Amenities Fee Guidelines: 19 (i) enough information to enable a person liable to pay the 20 fee to work out the amount of the fee; and 21 (ii) notice of the day on which the fee is payable; and 22 (b) must, on request by a person who is or may become liable to 23 pay the fee, inform the person of the amount of the fee and 24 the day on which it is or would be payable. 25 5 After section 19-37 26 Insert: 27 19-38 Higher education providers' expenditure of student services 28 and amenities fees 29 (1) A higher education provider must not spend an amount paid to the 30 provider as a *student services and amenities fee to support: 31 (a) a political party; or 32 (b) the election of a person as a member of: 33 (i) the legislature of the Commonwealth, a State or a 34 Territory; or 35 (ii) a local government body. 4 Higher Education Legislation Amendment (Student Services and Amenities) Bill 2009 No. , 2009 [Page Break] 1 (2) If a higher education provider pays a person or organisation an 2 amount paid to the provider as a *student services and amenities 3 fee, the provider must make the payment on the condition that none 4 of the payment is to be spent by the person or organisation to 5 support: 6 (a) a political party; or 7 (b) the election of a person as a member of: 8 (i) the legislature of the Commonwealth, a State or a 9 Territory; or 10 (ii) a local government body. 11 (3) A higher education provider must not spend, for purposes other 12 than those specified by the Student Services and Amenities Fee 13 Guidelines, an amount paid to the provider as a *student services 14 and amenities fee. 15 Note: The Student Services and Amenities Fee Guidelines are made by the 16 Minister under section 238-10. 17 (4) To avoid doubt, subsections (1), (2) and (3) apply to an advance 18 made to a higher education provider on account of *SA-HELP 19 assistance in the same way as they apply to an amount paid to the 20 provider as a *student services and amenities fee. 21 Note: An amount of SA-HELP assistance paid to a provider is an amount 22 paid to the provider as a student services and amenities fee because, 23 under section 128-1, the SA-HELP assistance is paid to discharge the 24 student's liability to pay the fee. 25 (5) Subsection (4) does not limit subsection 164-10(2). 26 Note: Subsection 164-10(2) applies to an advance on account of an amount 27 the conditions that would apply to payment of the amount. 28 6 After section 19-65 29 Insert: 30 19-67 Special requirements for student services, amenities, 31 representation and advocacy in 2010 and later years 32 (1) A higher education provider that receives a grant under Part 2-2 in 33 respect of the year 2010 or a later year must comply in respect of 34 the year with the requirements of the Student Services, Amenities, 35 Representation and Advocacy Guidelines as those guidelines were 36 in force on the 30 June just before the year. Higher Education Legislation Amendment (Student Services and Amenities) Bill 2009 No. , 2009 5 [Page Break] 1 Note: The Student Services, Amenities, Representation and Advocacy 2 Guidelines are made by the Minister under section 238-10. 3 (2) The Student Services, Amenities, Representation and Advocacy 4 Guidelines may provide for: 5 (a) requirements for providing students with information about 6 services that are not of an academic nature and that support 7 students; and 8 (b) requirements for providing students with access to such 9 services; and 10 (c) requirements relating to the representation and advocacy of 11 the interests of students. 12 (3) However, the Student Services, Amenities, Representation and 13 Advocacy Guidelines cannot require a provider to fund an 14 organisation of students, or of students and other persons. 15 (4) Subsection 19-65(1) does not apply in relation to the Student 16 Services, Amenities, Representation and Advocacy Guidelines. 17 7 Section 65-1 18 Omit "3 kinds" (wherever occurring), substitute "4 kinds". 19 8 Section 65-1 20 Omit: 21 · OS-HELP assistance--assistance to a student who, as part of 22 his or her course of study, is to undertake study at an overseas 23 higher education institution (see Part 3.4). 24 Substitute: 25 · OS-HELP assistance--assistance to a student who, as part of 26 his or her course of study, is to undertake study at an overseas 27 higher education institution (see Part 3-4); 28 · SA-HELP assistance--assistance to a student on whom a 29 student services and amenities fee is imposed (see Part 3-5). 30 9 Section 65-1 6 Higher Education Legislation Amendment (Student Services and Amenities) Bill 2009 No. , 2009 [Page Break] 1 Omit "and FEE-HELP assistance)", substitute ", FEE-HELP assistance 2 and SA-HELP assistance)". 3 10 At the end of Chapter 3 4 Add: 5 Part 3-5--SA-HELP assistance 6 Division 125--Introduction 7 125-1 What this Part is about 8 A student may be entitled to SA-HELP assistance for a student 9 services and amenities fee imposed on him or her by a higher 10 education provider, if certain requirements are met. 11 The amount of the assistance is the amount of the fee, less any 12 amounts of the fee paid on or before the day the fee is payable 13 (except any SA-HELP assistance paid under this Part). The 14 assistance is paid to the provider to discharge the student's liability 15 to pay the fee. 16 Note: Amounts of assistance under this Part may form part of a person's 17 HELP debts that the Commonwealth recovers under Part 4-2. 18 Division 126--Who is entitled to SA-HELP assistance? 19 126-1 Entitlement to SA-HELP assistance 20 (1) A student is entitled to *SA-HELP assistance for a *student 21 services and amenities fee imposed on the student for a period by a 22 higher education provider if: 23 (a) the student meets the citizenship or residency requirements 24 under section 126-5; and 25 (b) the student is enrolled with the provider in a *course of study 26 or a *bridging course for overseas-trained professionals on 27 the day on which the fee is payable; and 28 (c) the student *meets the tax file number requirements (see 29 section 187-1); and Higher Education Legislation Amendment (Student Services and Amenities) 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 requirements 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) 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 number 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) 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) 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) 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) 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) 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) 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 entitlement to SA-HELP assistance for students without 17 tax file numbers 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) 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, Amenities, section 19-67 Representation and Advocacy Guidelines 10B Student Services and Amenities Fee sections 19-37 and 19-38 Guidelines 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) 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". Higher Education Legislation Amendment (Student Services and Amenities) Bill 2009 No. , 2009 17