Commonwealth Numbered Acts

HIGHER EDUCATION FUNDING AMENDMENT ACT (No. 1) 1995 No. 135 of 1995 - SCHEDULE 1

                              SCHEDULE                  Section 3

AMENDMENTS OF THE HIGHER EDUCATION FUNDING ACT 1988 1. Section 3 (definition
of course of study): Omit "course declared by the Minister, for the purposes
of an Act relating to the funding of technical and further education, to be a
course of technical and further education", substitute "course of vocational
education and training". 2. Section 3: Insert:

"co-operative multimedia centre means a body corporate established, ordinarily
by a consortium of persons or organisations with interests that relate to the
multimedia industry, for purposes that include:

   (a)  arranging for, or providing services relating to, education and
        training; and

   (b)  undertaking other activities; and

   (c)  research and development; that will assist in the development of that
        industry. course of vocational education and training means a course
        that is identified as a course of vocational education and training in
        accordance with guidelines issued by the Minister for the purposes of
        this definition. multimedia industry means the industry concerned with
        all aspects of the presentation of information through a single format
        by making co- ordinated use of a range of different means of
        communication.". 3. Paragraphs 17(f), (g) and (h): Omit the
        paragraphs, substitute:

"(f) in the case of the year 1994-$3,520,163,000; and

   (g)  in the case of the year 1995-$3,652,019,000; and

   (h)  in the case of the year 1996-$3,755,378,000.". 4. Paragraphs 20(3)(e),
        (f), (g) and (h): Omit the paragraphs, substitute:

"(e) in the case of the year 1993-$54,065,000; and

   (f)  in the case of the year 1994-$78,613,000; and

   (g)  in the case of the year 1995-$69,037,000; and

   (h)  in the case of the year 1996-$73,009,000.". 5. Subsection 22A(2): Omit
        the subsection, substitute:

"(2) The Minister may approve a proposal for expenditure by all or any of the
following:

   (a)  an open learning organisation;

   (b)  an institution;

   (c)  another incorporated body; for the purpose of providing teaching and
        learning assistance:

   (d)  to clients of an open learning organisation; or

   (e)  to such other persons as are identified, in accordance with subsection
        (2A), by the Minister in the notice approving the proposal for
        expenditure.

"(2A) The Minister may identify persons for the purposes of paragraph (2)(e)
in respect of a proposal for expenditure only if the Minister is satisfied
that provision of teaching and learning assistance to those persons under that
proposal:

   (a)  accords with national tertiary education priorities; and

   (b)  will foster open learning approaches in the provision of tertiary
        education services.". 6. Transitional Any approval of a proposal for
        expenditure given under subsection 22A(2) of the Principal Act has
        effect on and after the day on which this Act receives the Royal
        Assent as if it were an approval given under subsection 22A(2) of the
        Principal Act as amended by this Act. 7. Paragraphs 22A(5)(b), (c) and
        (d): Omit the paragraphs, substitute:

"(b) for the year 1994-$11,680,000; and

   (c)  for the year 1995-$12,675,000; and

   (d)  for the year 1996-$12,498,000.". 8. After section 23B: Insert: Grants
        to co-operative multimedia centres

"23BA.(1) The Minister may approve a proposal for expenditure by a
co-operative multimedia centre if the Minister is satisfied that the purposes
of the proposal include:

   (a)  arranging for, or providing services related to, education and
        training; and

   (b)  undertaking other activities; that will assist in the development of
        the multimedia industry.

"(2) If the Minister approves a proposal under subsection (1), the Minister
must, subject to section 23C, determine an amount of approved expenditure in
respect of the proposal in respect of the year commencing on the date of the
approval and each of the 2 succeeding years.

"(3) Financial assistance is granted to a co-operative multimedia centre in
respect of a proposal approved under subsection (1) on condition that the
centre enters into an agreement with the Commonwealth that sets out the terms
on which money is provided by the Commonwealth and accepted by the centre.

"(4) After the start of the third year of funding of a co-operative multimedia
centre the Minister must arrange for a review of the operations of the centre
to be conducted. The review is to be completed not later than 6 months before
the end of the third year of funding.

"(5) If the Minister is satisfied, on the basis of the review, that the
multimedia centre has substantially assisted in the development of the
multimedia industry, the Minister may approve a further proposal for
expenditure by the centre that meets the criteria specified in subsection (1).

"(6) If the Minister approves a further proposal under subsection (5), the
Minister must determine an amount of approved expenditure in respect of the
proposal in respect of each of the 4 years following the end of the third year
of funding or in respect of each of such lesser number of years as the
Minister thinks appropriate.

"(7) Financial assistance is granted to a co-operative multimedia centre in
respect of a further proposal approved under subsection (5) on condition that
the centre enters into a further agreement with the Commonwealth that sets out
the terms on which money is provided by the Commonwealth and accepted by the
centre.

"(8) There is payable to a co-operative multimedia centre in respect of a year
an amount equal to the approved expenditure determined by the Minister under
subsection (2) or (6) in respect of that centre and that year.". 9. After
paragraph 23C(1)(e): Insert the following word and paragraph:

"and (f) the amounts determined by the Minister under section 23BA (Grants for
co-operative multimedia centres);". 10. Paragraphs 23C(2)(a), (b) and (c):
Omit the paragraphs, substitute:

"(a) for the year 1994-$431,919,000; and

   (b)  for the year 1995-$499,269,000; and

   (c)  for the year 1996-$471,941,000; and

   (d)  for the year 1997-$8,247,000; and

   (e)  for the year 1998-$8,247,000; and

   (f)  for the year 1999-$8,247,000.". 11. Paragraphs 24(3)(e), (f), (g) and
        (h): Omit the paragraphs, substitute:

"(e) in the case of the year 1993-$4,494,000; and

   (f)  in the case of the year 1994-$4,592,000; and

   (g)  in the case of the year 1995-$4,647,000; and

   (h)  in the case of the year 1996-$4,734,000.". 12. Paragraphs 27A(6)(a),
        (b) and (c): Omit the paragraphs, substitute:

"(a) for the year 1994-$35,537,000; and

   (b)  for the year 1995-$36,328,000; and

   (c)  for the year 1996-$36,328,000.". 13. After subsection 35(5): Insert:

"(5A) A student is an exempt student in relation to a course of study in
respect of a semester if:

   (a)  the student will occupy a place in that course of study in respect of
        that semester; and

   (b)  that place is jointly funded by an employer within the meaning of
        subsection (6) and by the Commonwealth; and

   (c)  the student is, in accordance with guidelines issued by the Minister
        for the purposes of this section, declared by the institution
        providing the course of study to be an exempt student.

"(5B) The Minister may make guidelines for the purposes of subsection (5A)
setting out the circumstances in which an institution may declare that a
student occupying a place in a course of study in respect of a semester:

   (a)  that is provided by that institution; and

   (b)  that is jointly funded by an employer within the meaning of subsection
        (6) and by the Commonwealth; is an exempt student.". 14. Subsection
        35(6): Omit "subsection (5)", substitute "subsections (5), (5A) and
        (5B)". 15. Subsection 43(3): Omit "or may be lodged with the
        appropriate officer of the institution". 16. After section 106M:
        Insert: Further review of reconsideration decision concerning
        remission of semester debt

"106MA.(1) If:

   (a)  application is made to the Administrative Appeals Tribunal for review
        of a decision (the reconsideration decision) of the Secretary under
        subsection 106M(3); and

   (b)  information is provided for the purposes of that review that was not
        provided to the Secretary; the Secretary may review the
        reconsideration decision at any time before the determination of the
        application for review to the Tribunal.

"(2) On reviewing the reconsideration decision, and taking into account the
information provided for the purposes of the application to the Administrative
Appeals Tribunal, the Secretary must, as soon as practicable:

   (a)  confirm the reconsideration decision; or

   (b)  vary the reconsideration decision; or

   (c)  revoke the reconsideration decision and substitute a decision to remit
        the semester debt; and notify the applicant and the Registrar of the
        Tribunal of the decision made on that review.

"(3) The notice of the decision must include a statement of the reasons for
the decision.

"(4) A failure to comply with subsection (3) does not affect the validity of
the notice or of the decision notified.

"(5) If, on a review of a reconsideration decision, the Secretary varies the
reconsideration decision, the application to the Administrative Appeals
Tribunal is taken to be an application for review of the reconsideration
decision as so varied unless the applicant, by notice in writing to the
Registrar of the Tribunal, withdraws the application.

"(6) If, on a review of the reconsideration decision, the Secretary decides to
revoke the reconsideration decision and to substitute a
decision to remit the semester debt:   (a) the Secretary must notify
the Administrative Appeals Tribunal to that effect; and

   (b)  the application to the Tribunal is taken to have been withdrawn by the
        applicant.". 17. Transitional If:

   (a)  before the day on which this Act receives the Royal Assent,
        application had been made under subsection 106M(6) of the Principal
        Act to the Administrative Appeals Tribunal for review of a decision
        (the reconsideration decision) of the Secretary under subsection
        106M(3) of that Act; and

   (b)  information has been provided for the purpose of that review that was
        not provided to the Secretary; and

   (c)  the determination of the application for review by the Tribunal has
        not taken place; section 106MA of the Principal Act as amended by this
        Act applies in relation to review of the reconsideration decision as
        if the application to the Tribunal had been made on or after that day.
        18. Paragraph 110(c): Omit "or subsection 34A(6) or (7)".