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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Legislation Amendment (2020
Measures No. 1) Bill 2020
No. , 2020
(Education, Skills and Employment)
A Bill for an Act to amend the law relating to
higher education and vocational education and
training, and for related purposes
No. , 2020
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Student identifiers
3
Higher Education Support Act 2003
3
VET Student Loans Act 2016
4
Schedule 2--Validation of certain loans and payments
5
Schedule 3--HELP balances
11
Higher Education Support Act 2003
11
Schedule 4--Student loan fee exemption
12
Higher Education Support Act 2003
12
Schedule 5--Other amendments
13
Part 1--Amendments commencing 1 January 2020
13
Division 1--Amendments
13
Higher Education Support Act 2003
13
Division 2--Application and transitional provisions
13
Part 2--Amendments commencing on Royal Assent
14
Higher Education Support Act 2003
14
No. , 2020
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
1
A Bill for an Act to amend the law relating to
1
higher education and vocational education and
2
training, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Education Legislation Amendment (2020 Measures
6
No. 1) Act 2020
.
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
13
2
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
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
1 January 2021.
1 January 2021
3. Schedules 2, 3
and 4
The day this Act receives the Royal Assent.
4. Schedule 5,
Part 1
Immediately after the commencement of
Schedule 1 to the
Education Legislation
Amendment (2019 Measures No. 1) Act
2019
.
1 January 2020
5. Schedule 5,
Part 2
The day 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 Schedules
7
Legislation 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
Student identifiers
Schedule 1
No. , 2020
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
3
Schedule 1--Student identifiers
1
2
Higher Education Support Act 2003
3
1 At the end of subsection 36-10(1)
4
Add:
5
; and (f) if:
6
(i) the census date for the unit is on or after 1 January 2021
7
and before 1 January 2023 and the person commenced
8
the course of study on or after 1 January 2021; or
9
(ii) the census date for the unit is on or after 1 January
10
2023;
11
the person has a
*
student identifier immediately before the
12
census date.
13
2 After paragraph 104-1(1)(g)
14
Insert:
15
(ga) if:
16
(i) subparagraph (f)(i) applies, the census date for the unit
17
is on or after 1 January 2021 and before 1 January 2023
18
and the student commenced the course of study on or
19
after 1 January 2021; or
20
(ii) subparagraph (f)(i), (ii) or (iii) applies and the census
21
date for the unit is on or after 1 January 2023;
22
the student has a
*
student identifier immediately before the
23
census date; and
24
3 After paragraph 118-1(1)(ha)
25
Insert:
26
(hb) if the student made the application on or after 1 January
27
2021--the student has a
*
student identifier immediately
28
before the student made the application; and
29
4 At the end of subsection 126-1(1)
30
Add:
31
Schedule 1
Student identifiers
4
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
No. , 2020
; and (e) if the day on which the fee is payable is on or after 1 January
1
2023--the student has a
*
student identifier immediately
2
before the day on which the fee is payable.
3
5 Subclause 1(1) of Schedule 1
4
Insert:
5
student identifier
has the same meaning as in the
Student
6
Identifiers Act 2014
.
7
VET Student Loans Act 2016
8
6 Paragraph 17(1)(b)
9
Omit "(if any)".
10
7 Application
--requirement to provide student identifier
11
The amendment of paragraph 17(1)(b) of the
VET Student Loans Act
12
2016
made by this Schedule applies in relation to applications for VET
13
student loans made on or after the commencement of this item.
14
Validation of certain loans and payments
Schedule 2
No. , 2020
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
5
Schedule 2--Validation of certain loans and
1
payments
2
3
1 Loans and payments relating to FEE-HELP assistance and
4
VET FEE-HELP assistance
5
Scope
6
(1)
This item applies if:
7
(a) a payment was made by the Commonwealth to a higher
8
education provider or a VET provider; and
9
(b) the payment was purportedly on account of an amount (the
10
excess amount
) of FEE-HELP assistance or VET FEE-HELP
11
assistance for a unit of study or a VET unit of study; and
12
(c) the payment was purportedly paid under the
Higher
13
Education Support Act 2003
to discharge the liability of a
14
student (a
relevant student
) to pay the student's tuition fee
15
for the unit of study or the VET unit of study with the
16
provider; and
17
(d) the relevant student was not entitled to the excess amount
18
because the amount exceeded the relevant student's HELP
19
balance; and
20
(e) the census date for the unit occurred during the period:
21
(i) starting on 1 January 2005; and
22
(ii) ending on 31 December 2019.
23
Recovery of overpayment
24
(2)
To the extent that it has not already been repaid to the Commonwealth
25
before the commencement of this item, the payment:
26
(a) is a debt due to the Commonwealth; and
27
(b) may be recovered by the Commonwealth in a court of
28
competent jurisdiction.
29
Adjustment of payments and entitlements
30
(3)
If the Secretary determines that this subitem applies to a relevant
31
student in relation to an excess amount and a unit of study or VET unit
32
of study:
33
Schedule 2
Validation of certain loans and payments
6
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
No. , 2020
(a) for the purposes of this item, the relevant student's HELP
1
balance is taken, on the census date for the unit, to have been
2
increased by:
3
(i) an amount equal to the excess amount; or
4
(ii) if the Secretary determines another amount--that
5
amount; and
6
(b) the Commonwealth must lend to the student an amount of
7
FEE-HELP assistance or VET FEE-HELP assistance for the
8
unit equal to the excess amount or the determined amount (as
9
the case may be); and
10
(c) the Commonwealth must pay the amount lent to the provider
11
in discharge of the student's liability to pay the student's
12
tuition fee for the unit.
13
(4)
The Secretary may, on behalf of the Commonwealth, set off the amount
14
of a debt due to it by a provider under subitem (2) against an amount
15
that is payable to the provider under paragraph (3)(c).
16
(5)
The Consolidated Revenue Fund is appropriated for the purposes of
17
payments under subitem (3).
18
Application of the Higher Education Support Act 2003
19
(6)
Subitem (7) applies if the Secretary makes a determination in relation to
20
a relevant student under subitem (3).
21
(7)
The
Higher Education Support Act 2003
has effect, and is taken to
22
always have had effect, as if the Commonwealth had made the loan to
23
the student, and made the payment to the provider:
24
(a) if the excess amount was a purported payment of FEE-HELP
25
assistance for a unit of study--under section 110-1 of that
26
Act for that unit of study; or
27
(b) if the excess amount was a purported payment of VET
28
FEE-HELP assistance for a VET unit of study--under
29
clause 55 of Schedule 1A of that Act for that unit of study;
30
and to have done so immediately after the census date for the unit
31
of study or VET unit of study.
32
(8)
Despite subsection 128-25(2) of the
Higher Education Support Act
33
2003
, the Secretary must not re-credit the relevant student's HELP
34
balance with an amount equal to the amount lent to the student under
35
this item if, and to the extent that, the re-crediting would have the effect
36
Validation of certain loans and payments
Schedule 2
No. , 2020
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
7
that the student's HELP balance would exceed the HELP loan limit for
1
the student.
2
Delegation
3
(9)
The Secretary may, in writing, delegate to an SES employee, or an
4
acting SES employee, in the Department all or any of the powers of the
5
Secretary under subitems (3) and (4).
6
(10)
In exercising powers under the delegation, the delegate must comply
7
with any directions of the Secretary.
8
Determination is not a legislative instrument
9
(11)
A determination made under subitem (3) is not a legislative instrument.
10
Definitions
11
(12)
Expressions used in this item that are also used in the
Higher Education
12
Support Act 2003
have the same meaning in this item as they have in
13
that Act.
14
2 Approvals and payments relating to VET student loans
15
Scope
16
(1)
This item applies if:
17
(a) a payment was made by the Commonwealth to an approved
18
course provider; and
19
(b) the payment was purportedly on account of an amount (the
20
excess amount
) of a VET student loan for a course; and
21
(c) the payment was purportedly paid under the
VET Student
22
Loans Act 2016
to pay tuition fees for a student (a
relevant
23
student
) for the course; and
24
(d) the excess amount was greater than the amount of a loan that
25
could be approved for the student because the excess amount
26
would reduce the student's HELP balance to less than zero;
27
and
28
(e) the census day for the course or a part of the course occurred
29
during the period:
30
(i) starting on 1 January 2017; and
31
(ii) ending on 31 December 2019.
32
Schedule 2
Validation of certain loans and payments
8
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
No. , 2020
Recovery of overpayment
1
(2)
To the extent that it has not already been repaid to the Commonwealth
2
before the commencement of this item, the payment:
3
(a) is a debt due to the Commonwealth; and
4
(b) may be recovered by the Commonwealth in a court of
5
competent jurisdiction.
6
Adjustment of payments and entitlements
7
(3)
If the Secretary determines that this subitem applies to a relevant
8
student in relation to an excess amount and a course:
9
(a) for the purposes of this item, the relevant student's HELP
10
balance is taken, on the census day for the course or a part of
11
the course, to have been increased by:
12
(i) an amount equal to the excess amount; or
13
(ii) if the Secretary determines another amount--that
14
amount; and
15
(b) the Secretary is taken to have approved a loan amount for the
16
student for the course equal to the excess amount or the
17
determined amount (as the case may be); and
18
(c) the Secretary must pay an amount equal to the approved loan
19
amount to the provider to pay the student's tuition fee for the
20
course.
21
(4)
The Secretary may, on behalf of the Commonwealth, set off the amount
22
of a debt due to it by a provider under subitem (2) against an amount
23
that is payable to the provider under paragraph (3)(c).
24
(5)
The Consolidated Revenue Fund is appropriated for the purposes of
25
payments under subitem (3).
26
Application of the VET Student Loans Act 2016
27
(6)
Subitem (7) applies if:
28
(a) the Secretary makes a determination in relation to a relevant
29
student under subitem (3); and
30
(b) the excess amount was paid to the provider on or after 1 July
31
2019.
32
(7)
The
VET Student Loans Act 2016
has effect, and is taken to always have
33
had effect, as if the Secretary had:
34
Validation of certain loans and payments
Schedule 2
No. , 2020
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
9
(a) approved the loan for the student under section 7 of the
VET
1
Student Loans Act 2016
; and
2
(b) used the loan to make the payment to the provider under
3
section 19 of that Act;
4
and to have done so immediately after the census day for the
5
course or a part of the course.
6
(8)
Despite subsection 73A(2) of the
VET Student Loans Act 2016
, the
7
Secretary must not re-credit the relevant student's HELP balance with
8
an amount equal to the amount lent to the student under this item if, and
9
to the extent that, the re-crediting would have the effect that the
10
student's HELP balance would exceed the HELP loan limit for the
11
student.
12
Application of the Higher Education Support Act 2003
13
(9)
Subitem (10) applies if:
14
(a) the Secretary makes a determination in relation to a relevant
15
student under subitem (3); and
16
(b) the excess amount was paid to the provider before 1 July
17
2019.
18
(10)
The
Higher Education Support Act 2003
has effect, and is taken to
19
always have had effect, as if the Secretary had:
20
(a) approved the loan for the student under section 7 of the
VET
21
Student Loans Act 2016
; and
22
(b) used the loan to make the payment to the provider under
23
section 19 of that Act;
24
and to have done so immediately after the census day for the
25
course or a part of the course.
26
(11)
Despite subsection 128-25(2) of the
Higher Education Support Act
27
2003
, the Secretary must not re-credit the relevant student's HELP
28
balance with an amount equal to the amount lent to the student under
29
this item if, and to the extent that, the re-crediting would have the effect
30
that the student's HELP balance would exceed the HELP loan limit for
31
the student.
32
Schedule 2
Validation of certain loans and payments
10
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
No. , 2020
Delegation
1
(12)
The Secretary may, in writing, delegate to an SES employee, or an
2
acting SES employee, in the Department all or any of the powers of the
3
Secretary under subitems (3) and (4).
4
(13)
In exercising powers under the delegation, the delegate must comply
5
with any directions of the Secretary.
6
Determination is not a legislative instrument
7
(14)
A determination made under subitem (3) is not a legislative instrument.
8
Definitions
9
(15)
Expressions used in this item that are also used in the
VET Student
10
Loans Act 2016
have the same meaning in this item as they have in that
11
Act.
12
3 Compensation for acquisition of property
13
(1)
If the operation of this Schedule would result in an acquisition of
14
property (within the meaning of paragraph 51(xxxi) of the Constitution)
15
from a person otherwise than on just terms (within the meaning of that
16
paragraph), the Commonwealth is liable to pay a reasonable amount of
17
compensation to the person.
18
(2)
If the Commonwealth and the person do not agree on the amount of the
19
compensation, the person may institute proceedings in the Federal Court
20
of Australia or the Supreme Court of a State or Territory for the
21
recovery from the Commonwealth of such reasonable amount of
22
compensation as the court determines.
23
HELP balances
Schedule 3
No. , 2020
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
11
Schedule 3--HELP balances
1
2
Higher Education Support Act 2003
3
1 Subparagraphs 128-15(1)(a)(i) to (iv)
4
Omit "payable to", substitute "payable for".
5
2 After subsection 128-15(1)
6
Insert:
7
(1A) For the purposes of subparagraphs (1)(a)(i), (ii) and (iii), an
8
amount of
*
HECS-HELP assistance,
*
FEE-HELP assistance or
9
*
VET FEE-HELP assistance is taken to have been payable for a
10
person immediately after the
*
census date for the unit to which the
11
assistance relates (whether or not the amount has been paid at that
12
time).
13
(1B) For the purposes of subparagraph (1)(a)(iv), an amount of a
*
VET
14
student loan is taken to have been payable for a person
15
immediately after the
*
census day for the course or a part of the
16
course to which the loan amount relates (whether or not the amount
17
has been paid at that time).
18
3 Subclause 1(1) of Schedule 1
19
Insert:
20
census day
, for a course or a part of a course, has the same
21
meaning as in the
VET Student Loans Act 2016
.
22
Schedule 4
Student loan fee exemption
12
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
No. , 2020
Schedule 4--Student loan fee exemption
1
2
Higher Education Support Act 2003
3
1 Paragraph 137-10(2)(b)
4
Repeal the paragraph, substitute:
5
(b) if paragraph (a) does not apply and the loan relates to
6
FEE-HELP assistance for a unit of study that forms part of an
7
*
undergraduate course of study:
8
(i) for a unit of study with a
*
census date between 1 April
9
2020 and 30 September 2020--the amount of the loan;
10
or
11
(ii) otherwise--an amount equal to 125% of the loan; or
12
Other amendments
Schedule 5
Amendments commencing 1 January 2020
Part 1
No. , 2020
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
13
Schedule 5--Other amendments
1
Part 1--Amendments commencing 1 January 2020
2
Division 1
--Amendments
3
Higher Education Support Act 2003
4
1 Subsection 128-20(2)
5
Repeal the subsection, substitute:
6
(2) A
course of study in aviation
is a
*
course of study, or an approved
7
course (within the meaning of the
VET Student Loans Act 2016
),
8
specified in the FEE-HELP Guidelines for the purposes of this
9
subsection.
10
Division 2
--Application and transitional provisions
11
2 Application of amendments
12
The amendment of section 128-20 of the
Higher Education Support Act
13
2003
made by this Part applies in relation to a student who is enrolled in
14
a course of study in aviation on or after the commencement of this item,
15
whether the student enrolled in that course before or after that
16
commencement.
17
Schedule 5
Other amendments
Part 2
Amendments commencing on Royal Assent
14
Education Legislation Amendment (2020 Measures No. 1) Bill 2020
No. , 2020
Part 2--Amendments commencing on Royal Assent
1
Higher Education Support Act 2003
2
3 Subsection 16-15(1) (table)
3
Omit "University of Western Sydney".
4
4 Subsection 16-15(1) (table)
5
Insert: "Western Sydney University".
6
5 Subsection 166-20(5)
7
Omit "An approved course provider", substitute "A higher education
8
provider".
9