2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 (Education) A Bill for an Act to amend the law in relation to higher education and research funding, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 2 Schedule 1--Grants 3 Higher Education Support Act 2003 3 Schedule 2--Funding clusters 4 Higher Education Support Act 2003 4 Schedule 3--Adjustment of basic grant amounts 6 Higher Education Support Act 2003 6 Schedule 4--Other grants 7 Higher Education Support Act 2003 7 Schedule 5--Maximum student contribution amounts 8 Higher Education Support Act 2003 8 Schedule 6--OS-HELP debts 11 Higher Education Support Act 2003 11 Schedule 7--Indexation 12 Higher Education Support Act 2003 12 i Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 [Page Break] 2 higher education and research funding, and for 3 related purposes 4 The Parliament of Australia enacts: 5 1 Short title 6 This Act may be cited as the Higher Education Support 7 Amendment (2009 Budget Measures) 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 Support Amendment (2009 Budget 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 The day on which this Act receives the Royal Assent. 3. Schedule 2 1 January 2010. 1 January 2010 4. Schedule 3 The day on which this Act receives the Royal Assent. 5. Schedule 4, 1 January 2010. 1 January 2010 item 1 6. Schedule 4, The day on which this Act receives the item 2 Royal Assent. 7. Schedule 5 1 January 2010. 1 January 2010 8. Schedules 6 The day on which this Act receives the and 7 Royal 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 Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 [Page Break] 1 Schedule 1--Grants 2 3 Higher Education Support Act 2003 4 1 Paragraphs 30-5(1)(f) to (h) 5 Repeal the paragraphs, substitute: 6 (f) for the year 2010--$4,467,881,000; or 7 (g) for the year 2011--$4,695,755,000. 8 2 At the end of subsection 33-1(1) 9 Add: 10 ; and (c) if applicable, and if the year is 2011 or a later year--adding 11 the performance funding grant amount for the provider for 12 that year. 13 3 After subsection 33-1(1) 14 Insert: 15 (1A) In subsection (1): 16 performance funding grant amount for a higher education 17 provider for a year is the amount (if any) worked out under the 18 Commonwealth Grant Scheme Guidelines. 19 4 Subsection 41-45(1) (table items 6 to 8) 20 Repeal the items, substitute: 6 2010 $1,887,252,000 7 2011 $2,027,324,000 8 2012 $1,996,679,000 9 2013 $2,067,383,000 21 5 Section 46-40 (table items 7 to 9) 22 Repeal the items, substitute: 7 2010 $301,136,000 8 2011 $315,711,000 9 2012 $303,844,000 10 2013 $275,133,000 Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 3 [Page Break] 1 Schedule 2--Funding clusters 2 3 Higher Education Support Act 2003 4 1 Section 30-15 (table) 5 Repeal the table, substitute: 6 Fundi ng clusters Law, Accounting, Administration, Economics, Co mmerce Hu manities Mathematics, Statistics, Behavioural Science, Social Studies, Co mputing, Built Environ ment, Other Health Education Clin ical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts Nursing Engineering, Science, Su rveying Dentistry, Medicine, Veterinary Science, Agricu lture 7 2 Section 33-10 (table) 8 Repeal the table, substitute: 9 Commonwealth contri bution amount Item Fundi ng cluster Commonwealth contri buti on amount 1 Law, Accounting, Administration, $1,765 Economics, Co mmerce 2 Hu manities $4,901 3 Mathematics, Statistics, $8,670 Behavioural Science, Social Studies, Co mputing, Built Environment, Other Health 4 Education $9,020 5 Clin ical Psychology, Allied $10,662 Health, Foreign Languages, Visual and Performing Arts 4 Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 [Page Break] Commonwealth contri bution amount Item Fundi ng cluster Commonwealth contri buti on amount 6 Nursing $11,903 7 Engineering, Science, Su rveying $15,156 8 Dentistry, Medicine, Veterinary $19,235 Science, Agriculture 1 3 Transitional provision--indexation 2 Amounts in the table in section 33-10 of the Higher Education Support 3 Act 2003, as amended by this Schedule, are not to be indexed on 4 1 January 2010. 5 4 Transitional provision 6 For the purposes of working out if and how a higher education 7 provider's basic grant amount for the year 2010 or an earlier year is to 8 be adjusted under Subdivision 33-C of the Higher Education Support 9 Act 2003, disregard the amendments made by this Schedule. 10 Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 5 [Page Break] 1 Schedule 3--Adjustment of basic grant 2 amounts 3 4 Higher Education Support Act 2003 5 1 Paragraph 33-25(7)(b) 6 Omit "5%", substitute "10%". 7 2 Application 8 The amendment made by this Schedule applies to adjustments of basic 9 grant amounts for 2011 and later years. 10 6 Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 [Page Break] 1 Schedule 4--Other grants 2 3 Higher Education Support Act 2003 4 1 Subsection 41-10(1) (table items 3 and 8A) 5 Repeal the items. 6 2 Subsection 41-10(1) (after table item 9A) 7 Insert: 9B Grants to support structural * Table A providers and * Table B adjustment providers that are universities 8 Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 7 [Page Break] 1 Schedule 5--Maximum student contribution 2 amounts 3 4 Higher Education Support Act 2003 5 1 Subsection 93-10(1) (table) 6 Repeal the table, substitute: 7 Maxi mum student contri bution amounts for pl aces Item Column 1 Column 2 For a pl ace in a uni t in this The maxi mum student fundi ng cluster: contri buti on is: 1 Law, Accounting, Administration, $8,859 Economics, Co mmerce 2 Hu manities $5,310 3 Mathematics, Statistics, Behavioural (a) for a p lace in a unit in Science, Social Studies, Co mputing, Co mputing, Built Environ ment Built Environment, Other Health or Other Health--$7,567; or (b) for a place in a un it in Behavioural Science or Social Studies--$5,310; or (c) for a p lace in a unit in Mathematics or Statistics-- $4,249. 4 Education $5,310 5 Clin ical Psychology, Allied Health, (a) for a p lace in a unit in Clinical Foreign Languages, Visual and Psychology, Foreign Languages Performing Arts or Visual and Perfo rming Arts -- $5,310; or (b) for a place in a un it in A llied Health--$7,567. 6 Nursing $5,310 7 Engineering, Science, Su rveying (a) for a p lace in a unit in Engineering or Su rveying-- $7,567; or (b) for a place in a un it in Science-- $4,249. 8 Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 [Page Break] Maxi mum student contri bution amounts for pl aces Item Column 1 Column 2 For a pl ace in a uni t in this The maxi mum student fundi ng cluster: contri buti on is: 8 Dentistry, Medicine, Veterinary (a) for a p lace in a unit in Dentistry, Science, Agriculture Medicine or Veterinary Science--$8,859; or (b) for a place in a un it in Agriculture--$7,567. 1 2 Transitional provision--indexation 2 Amounts in the table in subsection 93-10(1) of the Higher Education 3 Support Act 2003, as amended by this Schedule, are not to be indexed 4 on 1 January 2010. 5 3 Saving provision--maximum student contribution amounts 6 for old funding clusters 7 (1) This item applies in relation to a person if: 8 (a) the person started a course of study with a higher education 9 provider before 1 January 2010; and 10 (b) the person was a Commonwealth supported student in 11 relation to a unit of study in that course; and 12 (c) any of the following apply to the person: 13 (i) the person had not completed the course by 14 31 December 2009; 15 (ii) in 2009, the person was undertaking an enabling course; 16 (iii) the person has completed the related course for an 17 honours course of study and is undertaking the honours 18 course of study; and 19 (d) the person is undertaking a unit that would have been 20 included in: 21 (i) Education in the funding cluster Mathematics, Statistics, 22 Behavioural Science, Social Studies, Education, 23 Computing, Built Environment, Other Health; or 24 (ii) the funding cluster Nursing; 25 if the amendments made by Schedule 2 to this Act had not 26 been made. Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 9 [Page Break] 1 (2) Despite subsection 93-10(1) of the Higher Education Support Act 2003 2 as amended by this Schedule, the maximum student contribution 3 amount for a place in the unit referred to in paragraph (1)(d) of this 4 item for the person is the amount that would have been the maximum 5 student contribution amount for a place in that unit if the amendment of 6 subsection 93-10(1) made by this Schedule had not been made. 7 10 Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 [Page Break] 1 Schedule 6--OS-HELP debts 2 3 Higher Education Support Act 2003 4 1 Subsection 137-15(2) 5 Repeal the subsection, substitute: 6 (2) The amount of the * OS-HELP debt is an amount equal to the 7 amount of the loan. 8 2 Application 9 The amendment made by this Schedule applies in relation to OS-HELP 10 debts incurred on or after 1 January 2010. 11 Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009 11 [Page Break] 1 Schedule 7--Indexation 2 3 Higher Education Support Act 2003 4 1 Section 198-20 5 Omit "The", substitute "(1) Subject to subsections (2) and (3), the". 6 2 At the end of section 198-20 7 Add: 8 (2) For the purpose of applying section 198-10 to the amounts 9 specified in item 2 of the table in section 198-5 for 2011, the index 10 number is the Higher Education Student Contribution Amounts 11 Index number for that year published by the Minister in the 12 Gazette. Publication may occur at any time, including any time 13 before the start of the year. 14 (3) For the purpose of applying section 198-10 to the amounts 15 specified in each item of the table in section 198-5 for 2012, the 16 index number for 2011 is taken to be 1. 17 (4) A notice in the Gazette specifying an index number is not a 18 legislative instrument. 12 Higher Education Support Amendment (2009 Budget Measures) Bill 2009 No. , 2009