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This is a Bill, not an Act. For current law, see the Acts databases.

HIGHER EDUCATION SUPPORT AMENDMENT (VET FEE-HELP AND OTHER MEASURES) BILL 2011 [2012]

2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Higher Education Support Amendment
(VET FEE-HELP and Other Measures)
Bill 2011
No. , 2011
(Education, Employment and Workplace Relations)
A Bill for an Act to amend the law relating to
higher education, and for related purposes
i Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011
No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--General amendments
3
Part 1--Time limit for decision on approval of provider
3
Higher Education Support Act 2003
3
Part 2--VET compliance requirements
4
Higher Education Support Act 2003
4
Part 3--Use and disclosure of information
5
Higher Education Support Act 2003
5
Part 4--Variation and revocation of determinations for
advances
9
Higher Education Support Act 2003
9
Part 5--Form of statements of information
11
Higher Education Support Act 2003
11
Schedule 2--Debt-related amendments
12
Part 1--General administration
12
Higher Education Support Act 2003
12
Part 2--Approved forms
13
Higher Education Support Act 2003
13
Part 3--Time of application to amend assessment
14
Higher Education Support Act 2003
14
Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011 No.
, 2011 1
A Bill for an Act to amend the law relating to
1
higher education, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Higher Education Support
5
Amendment (VET FEE-HELP and Other Measures) Act 2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011
No. , 2011
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 this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
A single day to be fixed by Proclamation.
However, if 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.
4. Schedule 1,
Parts 3, 4 and 5
The day after this Act receives the Royal
Assent.
5. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
General amendments Schedule 1
Time limit for decision on approval of provider Part 1
Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011 No.
, 2011 3
Schedule 1--General amendments
1
Part 1--Time limit for decision on approval of
2
provider
3
Higher Education Support Act 2003
4
1 After subsection 16-50(3)
5
Insert:
6
(3A) However, contravention of subsection (3) does not affect the
7
Minister's power to decide the application or the Minister's
8
obligation to comply with subsection (1).
9
2 After subclause 11(3) of Schedule 1A
10
Insert:
11
(3A) However, contravention of subclause (3) does not affect the
12
Minister's power to decide the application or the Minister's
13
obligation to comply with subclause (1).
14
3 Application
15
The amendments made by this Part apply to decisions on applications
16
made on or after the commencement of this Part.
17
18
Schedule 1 General amendments
Part 2 VET compliance requirements
4 Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011
No. , 2011
Part 2--VET compliance requirements
1
Higher Education Support Act 2003
2
4 Subclause 25(2) of Schedule 1A
3
Repeal the subclause, substitute:
4
(2)
A
*
VET provider must, by writing, inform the Minister of any
5
event that may significantly affect whether:
6
(a) any of the conditions in subclause 6(1) are or could be met in
7
relation to the provider after the event; or
8
(b) there is or may be a ground for revoking under
9
Subdivision 5-B the approval of the VET provider.
10
(3) A notice under subclause (1) or (2) must be given to the Minister
11
as soon as practicable after the
*
VET provider becomes aware of
12
the event mentioned in the subclause.
13
5 Application
14
The amendment made by this Part applies to VET providers approved
15
before, on or after the commencement of this Part.
16
17
General amendments Schedule 1
Use and disclosure of information Part 3
Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011 No.
, 2011 5
Part 3--Use and disclosure of information
1
Higher Education Support Act 2003
2
6 Subsection 5-1(2) (table item 9, column headed
3
"Provision")
4
Omit "Protection of personal", substitute "Management of".
5
7 Section 159-1
6
Omit "protection of personal information gained in the administration
7
of Chapters 3 and 4", substitute "management of information".
8
8 Part 5-4 (heading)
9
Repeal the heading, substitute:
10
Part 5-4--Management of information
11
9 Section 179-1 (heading)
12
Repeal the heading, substitute:
13
179-1 What this Division is about
14
10 Subsection 179-30(1)
15
Omit "Part", substitute "Division".
16
11 At the end of Part 5-4
17
Add:
18
Division 180--Other rules about information
19
180-1 Authorisation of certain uses and disclosures of information
20
Information this section applies to
21
(1) This section applies to information that:
22
(a)
is
*
personal information obtained in connection with an
23
application under section 16-40 (which is about applications
24
for approval of bodies as higher education providers); or
25
Schedule 1 General amendments
Part 3 Use and disclosure of information
6 Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011
No. , 2011
(b) is information that:
1
(i) is obtained by a
*
Commonwealth officer for the
2
purposes of Chapter 2 or 3; and
3
(ii) is not personal information.
4
Use of information
5
(2)
A
*
Commonwealth officer may use the information in the course
6
of his or her
*
official employment.
7
Disclosure to TEQSA and National VET Regulator
8
(3)
The
*
Secretary may:
9
(a) disclose the information to
*
TEQSA for the performance of
10
duties or functions, or the exercise of powers, under, or for
11
the purposes of, the
*
TEQSA Act; and
12
(b) disclose the information to the
*
National VET Regulator for
13
the performance of duties or functions, or the exercise of
14
powers, under, or for the purposes of, the National
15
Vocational Education and Training Regulator Act 2011.
16
This section does not limit use or disclosure
17
(4) This section does not limit the use or disclosure of the information.
18
12 Clause 57 of Schedule 1A
19
Omit "protection of VET personal information gained in the
20
administration of Part 2 of this Schedule (see Division 14) and
21
Chapter 4", substitute "management of information (see Division 14)".
22
13 Division 14 of Schedule 1A (heading)
23
Repeal the heading, substitute:
24
Division 14--Management of information
25
Subdivision 14-A--Protection of VET personal information
26
14 Clause 71 of Schedule 1A (heading)
27
Repeal the heading, substitute:
28
General amendments Schedule 1
Use and disclosure of information Part 3
Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011 No.
, 2011 7
71 What this Subdivision is about
1
15 Subclause 77(1) of Schedule 1A
2
Omit "Division", substitute "Subdivision".
3
16 At the end of Division 14 of Schedule 1A
4
Add:
5
Subdivision 14-B--Other rules about information
6
78A Authorisation of certain uses and disclosures of information
7
Information this clause applies to
8
(1) This clause applies to information that:
9
(a)
is
*
VET personal information obtained in connection with an
10
application under clause 9 (which is about applications for
11
approval of bodies as
*
VET providers); or
12
(b) is information that:
13
(i) is obtained by a
*
Commonwealth officer for the
14
purposes of this Schedule; and
15
(ii) is not VET personal information.
16
Use of information
17
(2)
A
*
Commonwealth officer may use the information in the course
18
of his or her
*
official employment within the meaning of
19
section 179-15.
20
Disclosure to TEQSA and National VET Regulator
21
(3)
The
*
Secretary may:
22
(a) disclose the information to
*
TEQSA for the performance of
23
duties or functions, or the exercise of powers, under, or for
24
the purposes of, the
*
TEQSA Act; and
25
(b) disclose the information to the
*
National VET Regulator for
26
the performance of duties or functions, or the exercise of
27
powers, under, or for the purposes of, the National
28
Vocational Education and Training Regulator Act 2011.
29
Schedule 1 General amendments
Part 3 Use and disclosure of information
8 Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011
No. , 2011
This clause does not limit use or disclosure
1
(4) This clause does not limit the use or disclosure of the information.
2
17 Application
3
The amendments made by this Part apply in relation to information
4
whether it was obtained or created before, on or after the
5
commencement of this Part.
6
7
General amendments Schedule 1
Variation and revocation of determinations for advances Part 4
Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011 No.
, 2011 9
Part 4--Variation and revocation of determinations
1
for advances
2
Higher Education Support Act 2003
3
18 After subclause 61(1) of Schedule 1A
4
Insert:
5
(1A)
The
*
Secretary may vary or revoke a determination that an advance
6
is to be made to a
*
VET provider if:
7
(a) the Secretary is satisfied that the provider has not complied
8
with this Schedule and the regulations (if any) relating to this
9
Schedule, and the Guidelines made under clause 99 that
10
apply to the provider; or
11
(b) the Secretary is aware of information that suggests that the
12
provider may not comply with this Schedule and the
13
regulations (if any) relating to this Schedule, and the
14
Guidelines made under clause 99 that apply to the provider;
15
or
16
(c) the Secretary is aware of information that suggests that the
17
provider may not remain financially viable.
18
(1B) In deciding whether to take action under subclause (1A), the
19
*
Secretary may consider any or all of the following matters:
20
(a) in the case of non-compliance or possible non-compliance by
21
the
*
VET provider:
22
(i) whether the non-compliance or possible
23
non-compliance is of a minor or major nature; and
24
(ii) the period for which the provider has been approved as
25
a VET provider; and
26
(iii) the provider's history of compliance with this Schedule
27
and the regulations (if any) relating to this Schedule,
28
and the Guidelines made under clause 99 that apply to
29
the provider;
30
(b) in any case, the impact of the VET provider's
31
non-compliance, possible non-compliance or possible lack of
32
financial viability, and of the proposed variation or
33
revocation of the determination, on:
34
(i) the VET provider's students; and
35
Schedule 1 General amendments
Part 4 Variation and revocation of determinations for advances
10 Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill
2011 No. , 2011
(ii) vocational education and training provided by the VET
1
provider; and
2
(iii) the provision of vocational education and training
3
generally;
4
(c) in any case, the public interest;
5
(d) in any case, any other matters specified in the
*
VET
6
Administration Guidelines.
7
19 At the end of clause 61 of Schedule 1A
8
Add:
9
(5) This clause does not affect determinations of advances under
10
section 164-10.
11
20 Application
12
Subclauses 61(1A) and (1B) of Schedule 1A to the Higher Education
13
Support Act 2003 apply to the variation or revocation of determinations
14
made before, on or after the commencement of those subclauses.
15
16
General amendments Schedule 1
Form of statements of information Part 5
Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011 No.
, 2011 11
Part 5--Form of statements of information
1
Higher Education Support Act 2003
2
21 Paragraph 19-70(2)(a)
3
Omit "approved by the Minister", substitute "(if any) approved by the
4
Minister for the information".
5
22 Paragraph 24(2)(a) of Schedule 1A
6
Omit "approved by the Minister", substitute "(if any) approved by the
7
Minister for the information".
8
23 Application
9
The amendments made by this Part apply in relation to information
10
required after the commencement of this Part to be given.
11
12
Schedule 2 Debt-related amendments
Part 1 General administration
12 Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill
2011 No. , 2011
Schedule 2--Debt-related amendments
1
Part 1--General administration
2
Higher Education Support Act 2003
3
1 After section 238-7
4
Insert:
5
238-8 Extent of Commissioner's general administration of this Act
6
The
*
Commissioner has the general administration of this Act to
7
the following extent:
8
(a) Chapter 4, except section 154-30;
9
(b)
section
179-25;
10
(c) section 179-30, so far as it relates to the Commissioner;
11
(d)
Part
5-5;
12
(e) Divisions 206 and 209, so far as they relate to
*
reviewable
13
decisions for which the Commissioner is the
*
decision maker;
14
(f) clause 76 of Schedule 1A;
15
(g) clause 77 of Schedule 1A, so far as that clause relates to the
16
Commissioner;
17
(h) Division 15 of Schedule 1A.
18
Note:
One effect of this is that this Act is to that extent a taxation law for the
19
purposes of the Taxation Administration Act 1953.
20
21
Debt-related amendments Schedule 2
Approved forms Part 2
Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill 2011 No.
, 2011 13
Part 2--Approved forms
1
Higher Education Support Act 2003
2
2 Subsections 154-45(1) and 154-50(1)
3
Omit "writing", substitute "the
*
approved form".
4
3 Section 157-1
5
After "
*
Commissioner", insert "in the
*
approved form".
6
4 Section 157-5
7
Repeal the section.
8
5 Section 157-10
9
Omit "in the manner, and within the time,", substitute "within the time".
10
6 Subsections 187-1(5) and (6)
11
Omit "a form approved by the
*
Commissioner", substitute "the
12
*
approved form".
13
7 Subclause 80(5) of Schedule 1A
14
Omit "a form approved by the
*
Commissioner", substitute "the
15
*
approved form".
16
8 Subclause 1(1) of Schedule 1
17
Insert:
18
approved form has the meaning given by section 388-50 in
19
Schedule 1 to the Taxation Administration Act 1953.
20
21
Schedule 2 Debt-related amendments
Part 3 Time of application to amend assessment
14 Higher Education Support Amendment (VET FEE-HELP and Other Measures) Bill
2011 No. , 2011
Part 3--Time of application to amend assessment
1
Higher Education Support Act 2003
2
9 Paragraph 154-50(2)(a)
3
Omit "no later than 2 years after the end of the
*
income year to which
4
the assessment relates", substitute "within 2 years after the day on
5
which the
*
Commissioner gives notice of the assessment to the person".
6

 

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