2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Higher Education Support Amendment (VET FEE-HELP and Providers) Bill 2009 No. , 2009 (Education) A Bill for an Act to amend the Higher Education Support Act 2003, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 1 Schedule 1--VET FEE-HELP 3 Higher Education Support Act 2003 3 Schedule 2--Date of effect of approval of provide rs 5 Higher Education Support Act 2003 5 i Higher Education Support Amendment (VET FEE-HELP and Providers) Bill 2009 No. , 2009 [Page Break] 2 Support Act 2003, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Higher Education Support 6 Amendment (VET FEE-HELP and Providers) Act 2009. 7 2 Commence ment 8 This Act commences on the day after it receives the Royal Assent. 9 3 Schedule(s) 10 Each Act that is specified in a Schedule to this Act is amended or 11 repealed as set out in the applicable items in the Schedule Higher Education Support Amendment (VET FEE-HELP and Providers) Bill 2009 No. , 2009 1 [Page Break] 2 according to its terms. 3 2 Higher Education Support Amendment (VET FEE-HELP and Providers) Bill 2009 No. , 2009 [Page Break] 1 2 Schedule 1--VET FEE-HELP 3 4 Higher Education Support Act 2003 5 1 After paragraph 6(d) of Schedule 1A 6 Insert: 7 (da) the body offers at least one *VET course of study; and 8 2 Application 9 Paragraph 6(da) of Schedule 1A to the Higher Education Support Act 10 2003 applies to decisions about approvals relating to applications made 11 after the commencement of that paragraph. 12 3 After clause 30 of Schedule 1A 13 Insert: 14 30A Revocation of approval if body's links to Australia are broken 15 The Minister may revoke a body's approval as a *VET provider if: 16 (a) the body ceases to be one described in paragraph 6(a); and 17 (b) the Minister complies with the requirements of clause 34. 18 4 Application 19 Clause 30A of Schedule 1A to the Higher Education Support Act 2003 20 applies to an approval granted before, on or after the commencement of 21 that clause. 22 5 After clause 32 of Schedule 1A 23 Insert: 24 32A Revocation of approval if body ceases to offer VET courses of 25 study 26 The Minister may revoke a body's approval as a *VET provider if: 27 (a) the body no longer offers any * VET courses of study; and 28 (b) the Minister complies with the requirements of clause 34. 29 6 Application Higher Education Support Amendment (VET FEE-HELP and Providers) Bill 2009 No. , 2009 3 [Page Break] 1 Clause 32A of Schedule 1A to the Higher Education Support Act 2003 2 applies to an approval granted as a result of an application made after 3 the commencement of that clause. 4 7 At the end of clause 43 of Schedule 1A 5 Add: 6 Note: Clause 45A affects whether a person undertakes a VET unit of study 7 as part of a VET course of study. 8 8 At the end of subclause 45(1) of Schedule 1A 9 Add: 10 Note: For the purposes of paragraph (1)(a), clause 45A affects whether a 11 person undertakes a VET unit of study as part of a VET course of 12 study. 13 9 At the end of Subdivision 7-A of Schedule 1A 14 Add: 15 45A VET unit of study not undertaken as part of VET course of 16 study 17 For the purposes of paragraphs 43(e) and 45(1)(a), a student is 18 taken not to undertake a * VET unit of study as part of a *VET 19 course of study if undertaking the unit involves the student doing 20 more than he or she needs to do to be awarded whichever of the 21 following the course leads to: 22 (a) a *VET diploma; 23 (b) a *VET advanced diploma; 24 (c) a *VET graduate diploma; 25 (d) a *VET graduate certificate. 26 4 Higher Education Support Amendment (VET FEE-HELP and Providers) Bill 2009 No. , 2009 [Page Break] 1 2 Schedule 2--Date of effect of approval of 3 providers 4 5 Higher Education Support Act 2003 6 1 At the end of subsection 16-5(3) 7 Add "or the notice of the provider's approval ceases to have effect 8 under Part 5 (Parliamentary scrutiny of legislative instruments) of the 9 Legislative Instruments Act 2003". 10 2 Subsection 16-55(2) 11 Repeal the subsection, substitute: 12 (2) A decision of the Minister to approve a body corporate as a higher 13 education provider takes effect when the notice of approval takes 14 effect under the Legislative Instruments Act 2003. 15 Note: Section 12 of the Legislative Instruments Act 2003 provides for when 16 a legislative instrument takes effect. 17 3 At the end of section 22-1 18 Add: 19 ; or (c) if the notice of the provider's approval ceases to have effect 20 under Part 5 (Parliamentary scrutiny of legislative 21 instruments) of the Legislative Instruments Act 2003. 22 4 At the end of Division 22 23 Add: 24 Subdivision 22-E--Notice of approval ceasing to have effect 25 under the Legislative Instruments Act 2003 26 22-45 Notice of approval ceasing to have effect under the Legislative 27 Instruments Act 2003 28 (1) This section applies if: 29 (a) a decision of the Minister to approve a body corporate as a 30 higher education provider has taken effect; and Higher Education Support Amendment (VET FEE-HELP and Providers) Bill 2009 No. , 2009 5 [Page Break] 1 (b) the body ceases to be approved as a higher education 2 provider because the notice of the approval ceases to have 3 effect under Part 5 (Parliamentary scrutiny of legislative 4 instruments) of the Legislative Instruments Act 2003. 5 (2) The fact that the body ceases to be approved as a higher education 6 provider does not: 7 (a) affect: 8 (i) the operation of this Act, or any instrument made under 9 this Act, in relation to the body before the cessation; or 10 (ii) anything duly done or suffered in relation to the body 11 before the cessation; or 12 (b) affect any right, privilege, obligation or liability acquired, 13 accrued or incurred before the cessation; or 14 (c) affect any penalty, forfeiture or punishment incurred in 15 respect of the body having been a higher education provider; 16 or 17 (d) affect any investigation, legal proceeding or remedy in 18 respect of any such right, privilege, obligation, liability, 19 penalty, forfeiture or punishment. 20 Any such investigation, legal proceeding or remedy may be 21 instituted, continued or enforced, and any such penalty, forfeiture 22 or punishment may be imposed, as if the body had not ceased to be 23 approved as a higher education provider. 24 5 At the end of subclause 5(2) of Schedule 1A 25 Add "or the notice of the provider's approval ceases to have effect 26 under Part 5 (Parliamentary scrutiny of legislative instruments) of the 27 Legislative Instruments Act 2003". 28 6 Subclause 12(2) of Schedule 1A 29 Repeal the subclause, substitute: 30 (2) A decision of the Minister to approve a body corporate as a * VET 31 provider takes effect when the notice of approval takes effect under 32 the Legislative Instruments Act 2003. 33 Note: Section 12 of the Legislative Instruments Act 2003 provides for when 34 a legislative instrument takes effect. 35 7 At the end of clause 29 of Schedule 1A 6 Higher Education Support Amendment (VET FEE-HELP and Providers) Bill 2009 No. , 2009 [Page Break] 1 Add: 2 ; or (c) if the notice of the provider's approval ceases to have effect 3 under Part 5 (Parliamentary scrutiny of legislative 4 instruments) of the Legislative Instruments Act 2003. 5 8 At the end of Division 5 of Schedule 1A 6 Add: 7 Subdivision 5-E--Notice of approval ceasing to have effect 8 under the Legislative Instruments Act 2003 9 39A Notice of approval ceasing to have effect under the Legislative 10 Instruments Act 2003 11 (1) This clause applies if: 12 (a) a decision of the Minister to approve a body corporate as a 13 * VET provider has taken effect; and 14 (b) the body ceases to be approved as a VET provider because 15 the notice of the approval ceases to have effect under Part 5 16 (Parliamentary scrutiny of legislative instruments) of the 17 Legislative Instruments Act 2003. 18 (2) The fact that the body ceases to be approved as a *VET provider 19 does not: 20 (a) affect: 21 (i) the operation of this Act, or any instrument made under 22 this Act, in relation to the body before the cessation; or 23 (ii) anything duly done or suffered in relation to the body 24 before the cessation; or 25 (b) affect any right, privilege, obligation or liability acquired, 26 accrued or incurred before the cessation; or 27 (c) affect any penalty, forfeiture or punishment incurred in 28 respect of the body having been a VET provider; or 29 (d) affect any investigation, legal proceeding or remedy in 30 respect of any such right, privilege, obligation, liability, 31 penalty, forfeiture or punishment. 32 Any such investigation, legal proceeding or remedy may be 33 instituted, continued or enforced, and any such penalty, forfeiture 34 or punishment may be imposed, as if the body had not ceased to be 35 approved as a VET provider. Higher Education Support Amendment (VET FEE-HELP and Providers) Bill 2009 No. , 2009 7 [Page Break] 1 9 Application and transitional provisions 2 (1) The amendments made by this Schedule apply in relation to the 3 following decisions to approve bodies corporate as higher education 4 providers or VET providers: 5 (a) decisions that were made on or after the commencement of 6 this Schedule; 7 (b) decisions that were made before the commencement of this 8 Schedule, except: 9 (i) decisions that took effect before that commencement; 10 and 11 (ii) decisions, notices of which ceased to have effect under 12 Part 5 (Parliamentary scrutiny of legislative 13 instruments) of the Legislative Instruments Act 2003 14 before that commencement. 15 (2) However, a decision to approve a body corporate as a higher education 16 provider or VET provider takes effect on the commencement of this 17 Schedule if: 18 (a) notice of the approval was registered under the Legislative 19 Instruments Act 2003 before that commencement; and 20 (b) apart from this subitem, the decision would have taken effect 21 before that commencement because of the amendments made 22 by this Schedule applying as described in subitem (1). 8 Higher Education Support Amendment (VET FEE-HELP and Providers) Bill 2009 No. , 2009