Higher Education Legislation Amendment (Student Services and Amenities) Act 2011

 

No. 130, 2011

 

 

 

 

 

An Act to amend legislation relating to higher education, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Student services and amenities

Higher Education Support Act 2003

Income Tax Assessment Act 1936

 

 

Higher Education Legislation Amendment (Student Services and Amenities) Act 2011

No. 130, 2011

 

 

 

An Act to amend legislation relating to higher education, and for related purposes

[Assented to 3 November 2011]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Higher Education Legislation Amendment (Student Services and Amenities) Act 2011.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

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.

3 November 2011

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if any of 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.

1 January 2012 (see F2011L02499)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in Column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1Student services and amenities

 

Higher Education Support Act 2003

1  Paragraph 310(c)

Omit “study.”, substitute “study;”.

2  After paragraph 310(c)

Insert:

 (d) SAHELP assistance for meeting student services and amenities fees imposed by higher education providers.

3  Subsection 51(2) (after table item 5)

Insert:

5A

Part 35 (SAHELP assistance)

Applies to eligible students of the *Australian branch of the provider who are enrolled at the Australian branch in a *course of study or *bridging course for overseastrained professionals.

4  At the end of section 1937

Add:

 (4) Subsection (2) does not apply to a *student services and amenities fee that the higher education provider requires the person to pay.

 (5) A student services and amenities fee is an amount:

 (a) that a higher education provider requires a person enrolled, or seeking to enrol, with the provider to pay for a period starting on or after 1 January 2011 to support the provision to students of amenities and services not of an academic nature, regardless of whether the person chooses to use any of those amenities and services; and

 (b) that is determined by the provider in accordance with the Administration Guidelines; and

 (c) that is not more than the amount worked out for that period for the person in accordance with those guidelines; and

 (d) that is payable on a day determined in accordance with those guidelines; and

 (e) that is such that the total of all amounts that are covered by paragraphs (a), (b), (c) and (d) for the same provider and person is not more than $250, for amounts for periods falling wholly or partly within a calendar year starting on or after 1 January 2011.

Note 1: The Administration Guidelines are made by the Minister under section 23810.

Note 2: The amount of $250 mentioned in paragraph (5)(e) is indexed under Part 56.

Note 3: Paragraph 19102(3)(b) prevents a student services and amenities fee from being a fee as defined in section 19102.

 (6) If a higher education provider determines a *student services and amenities fee, the provider:

 (a) must publish, in accordance with the Administration Guidelines:

 (i) enough information to enable a person liable to pay the fee to work out the amount of the fee; and

 (ii) notice of the day on which the fee is payable; and

 (b) must, on request by a person who is or may become liable to pay the fee, inform the person of the amount of the fee and the day on which it is or would be payable.

5  After section 1937

Insert:

1938  Higher education providers’ expenditure of student services and amenities fees

 (1) A higher education provider must not spend an amount paid to the provider as a *student services and amenities fee to support:

 (a) a political party; or

 (b) the election of a person as a member of:

 (i) the legislature of the Commonwealth, a State or a Territory; or

 (ii) a local government body.

 (2) If a higher education provider pays a person or organisation an amount paid to the provider as a *student services and amenities fee, the provider must make the payment on the condition that none of the payment is to be spent by the person or organisation to support:

 (a) a political party; or

 (b) the election of a person as a member of:

 (i) the legislature of the Commonwealth, a State or a Territory; or

 (ii) a local government body.

 (3) A higher education provider must not spend, for a purpose other than that specified in subsection (4), an amount paid to the provider as a *student services and amenities fee.

 (4) Subsection (3) does not prohibit expenditure for a purpose that relates to the provision of any of the following services:

 (a) providing food or drink to students on a campus of the higher education provider;

 (b) supporting a sporting or other recreational activity by students;

 (c) supporting the administration of a club most of whose members are students;

 (d) caring for children of students;

 (e) providing legal services to students;

 (f) promoting the health or welfare of students;

 (g) helping students secure accommodation;

 (h) helping students obtain employment or advice on careers;

 (i) helping students with their financial affairs;

 (j) helping students obtain insurance against personal accidents;

 (k) supporting debating by students;

 (l) providing libraries and reading rooms (other than those provided for academic purposes) for students;

 (m) supporting an artistic activity by students;

 (n) supporting the production and dissemination to students of media whose content is provided by students;

 (o) helping students develop skills for study, by means other than undertaking *courses of study in which they are enrolled;

 (p) advising on matters arising under the higher education provider’s rules (however described);

 (q) advocating students’ interests in matters arising under the higher education provider’s rules (however described);

 (r) giving students information to help them in their orientation;

 (s) helping meet the specific needs of *overseas students relating to their welfare, accommodation and employment.

Note: Examples of expenditure for a purpose that relates to the provision of a service specified in subsection (4) include:

(a) expenditure by the higher education provider in directly providing the service; and

(b) expenditure by the higher education provider in getting someone else to provide the service or subsidising the provision of the service by someone else; and

(c) expenditure by the higher education provider on infrastructure for the provision of the service.

 (5) Without limiting who is a child of a person for the purposes of paragraph (4)(d), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

 (6) To avoid doubt, subsections (1), (2) and (3) apply to an advance made to a higher education provider on account of *SAHELP assistance in the same way as they apply to an amount paid to the provider as a *student services and amenities fee.

Note: An amount of SAHELP assistance paid to a provider is an amount paid to the provider as a student services and amenities fee because, under section 1281, the SAHELP assistance is paid to discharge the student’s liability to pay the fee.

 (7) Subsection (6) does not limit subsection 16410(2).

Note: Subsection 16410(2) applies to an advance on account of an amount the conditions that would apply to payment of the amount.

6  After section 1965

Insert:

1967  Special requirements for student services, amenities, representation and advocacy in 2012 and later years

 (1) A higher education provider that receives a grant under Part 22 in respect of the year 2012 or a later year must comply in respect of the year with the requirements of the Student Services, Amenities, Representation and Advocacy Guidelines as those guidelines were in force on the 30 June just before the year.

Note: The Student Services, Amenities, Representation and Advocacy Guidelines are made by the Minister under section 23810.

 (2) The Student Services, Amenities, Representation and Advocacy Guidelines may provide for:

 (a) requirements for providing students with information about services that are not of an academic nature and that support students; and

 (b) requirements for providing students with access to such services; and

 (c) requirements relating to the representation and advocacy of the interests of students.

 (3) However, the Student Services, Amenities, Representation and Advocacy Guidelines cannot require a provider to fund an organisation of students, or of students and other persons.

 (4) Subsection 1965(1) does not apply in relation to the Student Services, Amenities, Representation and Advocacy Guidelines.

7  Section 651

Omit “3 kinds” (wherever occurring), substitute “4 kinds”.

8  Section 651

Omit:

 OSHELP assistance—assistance to a student who, as part of his or her course of study, is to undertake study at an overseas higher education institution (see Part 3.4).

Substitute:

 OSHELP assistance—assistance to a student who, as part of his or her course of study, is to undertake study at an overseas higher education institution (see Part 34);

 SAHELP assistance—assistance to a student on whom a student services and amenities fee is imposed (see Part 35).

9  Section 651

Omit “and FEEHELP assistance)”, substitute “, FEEHELP assistance and SAHELP assistance)”.

10  At the end of Chapter 3

Add:

Part 35SAHELP assistance

Division 125Introduction

1251  What this Part is about

A student may be entitled to SAHELP assistance for a student services and amenities fee imposed on him or her by a higher education provider, if certain requirements are met.

The amount of the assistance is the amount of the fee, less any amounts of the fee paid on or before the day the fee is payable (except any SAHELP assistance paid under this Part). The assistance is paid to the provider to discharge the student’s liability to pay the fee.

Note: Amounts of assistance under this Part may form part of a person’s HELP debts that the Commonwealth recovers under Part 42.

Division 126Who is entitled to SAHELP assistance?

1261  Entitlement to SAHELP assistance

 (1) A student is entitled to *SAHELP assistance for a *student services and amenities fee imposed on the student for a period by a higher education provider if:

 (a) the student meets the citizenship or residency requirements under section 1265; and

 (b) the student is enrolled with the provider in a *course of study or a *bridging course for overseastrained professionals on the day on which the fee is payable; and

 (c) the student *meets the tax file number requirements (see section 1871); and

 (d) the student has, on or before the day on which the fee is payable, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to the fee.

 (2) A request for Commonwealth assistance, in relation to a *student services and amenities fee imposed for a period on a person who is enrolled with a higher education provider in a *course of study or a *bridging course for overseastrained professionals, means a document:

 (a) in which the person requests the Commonwealth to provide assistance under this Act in relation to the fee for the period (and any student services and amenities fee imposed for a later period during which the person is enrolled in the course or bridging course); and

 (b) that is in the form approved by the Minister.

1265  Citizenship or residency requirements

 (1) A student meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student is, on the day the fee is payable:

 (a) an Australian citizen; or

 (b) a *permanent humanitarian visa holder resident in Australia.

 (2) Despite subsection (1), a *permanent humanitarian visa holder does not meet the citizenship or residency requirements in relation to a *student services and amenities fee imposed on the visa holder by a higher education provider if the provider reasonably expects that the visa holder will not undertake in Australia any *units of study with the provider.

Division 127How are amounts of SAHELP assistance worked out?

1271  The amount of SAHELP assistance for a student services and amenities fee

  The amount of *SAHELP assistance to which a student is entitled for a *student services and amenities fee is the difference (if any) between:

 (a) the fee; and

 (b) the sum of any payments of the fee (other than a payment of SAHELP assistance under this Part) made on or before the day on which the fee is payable.

Division 128How are amounts of SAHELP assistance paid?

Note: Part 51 deals generally with payments by the Commonwealth under this Act.

1281  Payments to higher education providers of loans to students

  If a student is entitled to an amount of *SAHELP assistance for a *student services and amenities fee imposed by a higher education provider, the Commonwealth must:

 (a) as a benefit to the student, lend to the student the amount of SAHELP assistance; and

 (b) pay to the provider the amount lent in discharge of the student’s liability to pay the fee.

1285  Repayment by higher education provider if student does not have tax file number

  A higher education provider must repay the Commonwealth an amount paid to the provider under section 1281 in discharge of a person’s liability to pay a *student services and amenities fee if subsection 19315(1) applies to the person.

Note 1: Subsection 19315(1) applies to a person who does not have a tax file number.

Note 2: The person’s SAHELP debt will be remitted if the higher education provider must repay the amount under this section: see subsection 13716(4).

11  Section 1341

Omit “or OSHELP assistance”, substitute “, OSHELP assistance or SAHELP assistance”.

12  After paragraph 1371(c)

Insert:

 (ca) *SAHELP debts;

13  After section 13715

Insert:

13716  SAHELP debts

Incurring SAHELP debts

 (1) A person incurs a debt to the Commonwealth if, under section 1281, the Commonwealth:

 (a) makes a loan to the person; and

 (b) uses the amount lent to make a payment of the person’s liability to pay a *student services and amenities fee.

The debt is an SAHELP debt.

 (2) The amount of the *SAHELP debt is an amount equal to the loan.

When SAHELP debts are incurred

 (3) An *SAHELP debt is taken to have been incurred by a person immediately after the day on which the *student services and amenities fee to which the loan relates is payable, whether or not the Commonwealth has made a payment in respect of the fee.

Remission of SAHELP debts

 (4) A person’s *SAHELP debt in relation to a *student services and amenities fee imposed by a higher education provider is taken to be remitted if, under section 1285, the provider must repay the Commonwealth the amount the Commonwealth paid the provider in relation to the fee.

14  Subsection 1405(1) (method statement, step 2, after paragraph (e))

Insert:

 (ea) *SAHELP assistance for *student services and amenities fees imposed on the person by one particular higher education provider; or

15  Subsection 1405(1) (method statement, step 2, note)

After “(e),”, insert “(ea),”.

16  Subsection 14025(1A) (method statement, step 1, after paragraph (e))

Insert:

 (ea) *SAHELP assistance for *student services and amenities fees imposed on the person by one particular higher education provider; or

17  Subsection 14025(1A) (method statement, step 1, note)

After “(e),”, insert “(ea),”.

18  Paragraph 15455(1)(a)

After “applied for”, insert “one or more of the following”.

19  Subparagraph 15455(1)(a)(i)

Omit “or” (last occurring).

20  Subparagraph 15455(1)(a)(ii)

Omit “and”.

21  At the end of paragraph 15455(1)(a)

Add:

 (iii) *SAHELP assistance for a *student services and amenities fee for a period; and

22  Subparagraph 1695(1)(b)(i)

After “unit”, insert “or for a *student services and amenities fee imposed on the person by the provider”.

23  Section 16930

Before “In”, insert “(1)”.

24  At the end of section 16930

Add:

 (2) In communications under, or for the purposes of, this Act between the Commonwealth and a higher education provider concerning a person who:

 (a) has had a *student services and amenities fee imposed on him or her by the provider; and

 (b) has indicated that the person is seeking *SAHELP assistance for the fee;

the provider must use any identifier for that person that the *Secretary has indicated must be used in such communications.

25  Section 16935

Before “If:”, insert “(1)”.

26  At the end of paragraph 16935(b)

Add “other than *SAHELP assistance”.

27  At the end of section 16935

Add:

 (2) If:

 (a) more than 6 weeks after the day on which a *student services and amenities fee imposed on a person by a higher education provider was payable, the person gives the provider information in writing (the correct information) that establishes that information contained in or accompanying a *request for Commonwealth assistance made by the person in relation to the fee was incorrect; and

 (b) the correct information establishes that the person was entitled to *SAHELP assistance for the fee;

this Act applies as if the person had never been entitled to the SAHELP assistance.

28  Subsections 1871(1) and (1A)

After “Chapter 3”, insert “, except *SAHELP assistance,”.

Note: The following heading to subsection 1871(1) is inserted “Assistance other than SAHELP assistance”.

29  Subsection 1871(3)

After “*request for Commonwealth assistance”, insert “, except a request for Commonwealth assistance relating to a *student services and amenities fee,”.

30  After subsection 1871(3A)

Insert:

SAHELP assistance

 (3B) A student who is enrolled, or proposes to enrol, with a higher education provider in a *course of study or *bridging course for overseastrained professionals meets the tax file number requirements for *SAHELP assistance if:

 (a) the student notifies his or her *tax file number to an *appropriate officer of the provider, and the provider is satisfied (in accordance with subsection (4)) that this number is a valid tax file number; or

 (b) the student gives to the officer a certificate from the *Commissioner stating that the student has applied to the Commissioner asking the Commissioner to issue a tax file number to the student.

 (3C) Compliance by a person with subsection (3B) in relation to the person’s actual or proposed enrolment in a *course of study or *bridging course for overseastrained professionals is to be ignored in determining whether there has been compliance by the person with subsection (3B) in relation to the person’s actual or proposed enrolment in another such course or bridging course.

 (3D) If the student is seeking *SAHELP assistance for a *student services and amenities fee, he or she does not meet the tax file number requirements for the assistance unless he or she complies with subsection (3B) on or before the day the fee is payable.

 (3E) A notification under paragraph (3B)(a) may be included in any *request for Commonwealth assistance relating to a *student services and amenities fee imposed on the student in connection with his or her enrolment in the *course of study or *bridging course for overseastrained professionals.

31  Paragraph 1871(4)(a)

After “paragraph (1)(a)”, insert “or (3B)(a)”.

Note: The following heading to subsection 1871(4) is inserted “Commissioner’s role”.

32  Transitional—guidelines issued under subsection 1871(4) of the Higher Education Support Act 2003

(1) Guidelines in force under subsection 1871(4) of the Higher Education Support Act 2003 immediately before the commencement of the amendment of that subsection by this Schedule have effect after that commencement as if they had been issued under that subsection as amended by this Schedule.

(2) Subitem (1) does not prevent the repeal or amendment of the guidelines.

33  Subsection 1871(5)

After “paragraph (1)(b)”, insert “or (3B)(b)”.

Note: The following heading to subsection 1871(7) is inserted “Commissioner’s guidelines are legislative instruments”.

34  After subsection 1931(4)

Insert:

Requests for SAHELP assistance

 (4A) A higher education provider must notify a person in writing how to *meet the tax file number requirements if:

 (a) the person is enrolled with the provider in a *course of study or *bridging course for overseastrained professionals; and

 (b) the provider has imposed a *student services and amenities fee on the person; and

 (c) the person has, on or before the day on which the fee is payable, completed, signed and given to the *appropriate officer of the provider a *request for Commonwealth assistance in relation to a student services and amenities fee imposed on the person for a period during which he or she is enrolled in the course or bridging course; and

 (d) in that request, the person requests *SAHELP assistance for the student services and amenities fee; and

 (e) the request does not include a number that purports to be the person’s *tax file number.

 (4B) The provider must notify the person under subsection (4A):

 (a) on or before the day the *student services and amenities fee is payable; or

 (b) within 7 days after the person gives the provider the *request for Commonwealth assistance;

whichever is earlier.

35  Paragraph 1931(5)(a)

Omit “or *OSHELP assistance”, substitute “, *OSHELP assistance or *SAHELP assistance”.

36  At the end of Division 193

Add:

19315  No entitlement to SAHELP assistance for students without tax file numbers

 (1) This subsection applies to a person if:

 (a) a higher education provider has imposed a *student services and amenities fee on the person; and

 (b) the provider receives notice under section 19015 or 19020 to the effect that the person does not have, or no longer has, a *tax file number; and

 (c) at the end of 28 days after the provider receives that notice, the provider has not been notified of a number that the provider is satisfied (in accordance with subsection (2)) is a valid tax file number; and

 (d) the person is entitled to *SAHELP assistance for the fee (ignoring paragraph 1261(1)(c)).

Note: If subsection (1) applies to a person:

(a) the provider must repay any amount paid to the provider by the Commonwealth to discharge the person’s liability for the student services and amenities fee (see section 1285); and

(b) the person’s SAHELP debt relating to the payment by the Commonwealth is remitted (see subsection 13716(4)).

 (2) A higher education provider must, in deciding whether it is satisfied that a number is a valid *tax file number for the purposes of paragraph (1)(c), comply with the guidelines issued by the *Commissioner under subsection 1871(4).

 (3) A higher education provider must comply with any requirements, set out in guidelines issued by the *Commissioner, relating to procedures for informing persons of the need to obtain a valid *tax file number, where the persons may be affected by subsection (1) applying to them.

 (4) A guideline issued under subsection (3) is a legislative instrument.

37  Section 1985 (before table item 1)

Insert:

1AA

Amount mentioned in paragraph 1937(5)(e)

Section
1937

2011

38  Subsection 23810(1) (table item 1, column headed “Chapter/Part/section”)

Before “Chapter 5”, insert “Section 1937;”.

39  Subsection 23810(1) (before table item 11)

Insert:

10A

Student Services, Amenities, Representation and Advocacy Guidelines

section 1967

40  Subclause 1(1) of Schedule 1 (after paragraph (b) of the definition of request for Commonwealth assistance)

Insert:

 (ba) in relation to a *student services and amenities fee imposed on a person enrolled with a higher education provider in a *course of study or *bridging course for overseastrained professionals—has the meaning given by subsection 1261(2); and

41  Subclause 1(1) of Schedule 1

Insert:

SAHELP assistance means assistance payable under Part 35.

42  Subclause 1(1) of Schedule 1

Insert:

SAHELP debt has the meaning given by section 13716.

43  Subclause 1(1) of Schedule 1

Insert:

student services and amenities fee has the meaning given by subsection 1937(5).

Income Tax Assessment Act 1936

44  Paragraph 202(c)

After “institutions of higher education”, insert “or in respect of the costs of other services and amenities available to students in connection with such institutions”.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 29 September 2010

Senate on 22 November 2010]

(169/10)