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2002-2003
THE
PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
HIGHER EDUCATION SUPPORT AMENDMENT
(ABOLITION OF COMPULSORY UP-FRONT STUDENT UNION FEES) BILL
2003
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Minister for Education, Science and Training the Hon Dr
Brendan Nelson MP)
HIGHER EDUCATION SUPPORT AMENDMENT
(ABOLITION OF COMPULSORY UP-FRONT STUDENT UNION FEES) BILL
2003
The Bill will make student unionism a voluntary activity in higher
education institutions that receive public funds.
The Bill will amend the
Higher Education Support Act 2003 (once enacted) to ensure that a higher
education provider is not entitled to receive any Commonwealth assistance under
the Act if the provider makes either:
• Membership of a student
organisation; or
• payment of money not related to a student’s
course
a condition of enrolment.
FINANCIAL IMPACT
Nil
HIGHER EDUCATION SUPPORT AMENDMENT
(ABOLITION OF COMPULSORY UP-FRONT STUDENT UNION FEES) BILL
2003
Clause 1 - Short title
Provides for the Act to be cited
as the Higher Education Support Amendment (Abolition of Compulsory Up-front
Student Union Fees) Act 2003.
Clause 2 -
Commencement
Provides for sections 1 to 3 of the Act to commence on
the day on which the Act receives the Royal Assent and for Schedule 1 to the Act
to commence immediately after the commencement of sections 1-10 to 238-15 of the
Higher Education Support Act 2003.
Clause 3 -
Schedule(s)
Provides that each Act that is specified in a Schedule is
amended or repealed as set out in the applicable items in the Schedule and that
any other item in a Schedule has effect according to its
terms.
Schedule 1 – Higher Education Support
Act 2003
Explanation of the amendment
The
amendment made by this Schedule is intended to ensure the adoption of voluntary
student unionism (including the elimination of compulsory student fees not
directly related to educational courses) by all higher education providers and
new section 19-37 of the Higher Education Support Act 2003 should be
construed accordingly.
Item 1 After section
19-35
Inserts a new section 19-37 after section 19-35 in Division 19
of Part 2-1 of Chapter 2.
Proposed section 19-37 Requiring membership
of associations and collection of amounts not directly related to
courses
Proposed subsection 19-37(1) provides that a higher education
provider must not have as a condition of its enrolment of a person with the
provider a requirement that the person be or become a member of an
association.
Proposed subsection 19-37(2) provides that a higher
education provider must not collect from a person enrolled with (or seeking to
enrol with) the provider any amount that is required to be paid as a condition
of enrolment of the person in a course with the provider and does not relate
directly to the course.
A higher education provider who does not comply
with section 19-37 fails to meet the quality and accountability requirements of
Chapter 2.