Education Legislation Amendment (2021 Measures No. 1) Act 2021

No. 39, 2021

An Act to amend the law relating to education and research, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Research amendments

Australian Research Council Act 2001

Schedule 2—Education amendments

Higher Education Support Act 2003

Education Legislation Amendment (2021 Measures No. 1) Act 2021

No. 39, 2021

An Act to amend the law relating to education and research, and for related purposes

[Assented to 27 May 2021]

The Parliament of Australia enacts:

1  Short title

  This Act is the Education Legislation Amendment (2021 Measures No. 1) Act 2021.

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.

Note: This table relates only to the provisions of this Act as originally enacted.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  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Research amendments

Australian Research Council Act 2001

1  At the end of subsection 48(2)

Add:

 ; (t) the financial year starting on 1 July 2023.

2  Paragraph 49(u)

Omit “$786,212,000”, substitute “$803,409,000”.

3  Paragraph 49(v)

Omit “$786,212,000”, substitute “$804,411,000”.

4  Paragraph 49(w)

Omit “$786,212,000”, substitute “$804,442,000”.

5  At the end of section 49

Add:

 ; and (x) for the financial year starting on 1 July 2023—$801,410,000.

Schedule 2—Education amendments

Higher Education Support Act 2003

1  Subsection 16‑15(1) (table)

After:

insert:

2  Subsection 16‑20(1) (table)

Omit:

3  Subsection 30‑10(1)

Omit “Commonwealth support places”, substitute “Commonwealth supported places”.

4  Application, saving and transitional provisions

(1) Parts 2‑2 and 2‑4 of the Higher Education Support Act 2003 apply on and after the commencement of this item to the University of Notre Dame Australia, in relation to the calendar year 2021, as if it continued to be a Table B provider.

(2) The amendments made by this Schedule do not affect the validity of a grant to the University of Notre Dame Australia, being a grant that was approved under Part 2‑2A or 2‑3 of the Higher Education Support Act 2003 before the commencement of this item.

(3) If:

 (a) immediately before the commencement of this item, the University of Notre Dame Australia was providing a unit of study; and

 (b) at any time, in relation to that unit of study, there is a FEE‑HELP debt under subsection 137‑10(1) of the Higher Education Support Act 2003;

then:

 (c) if the census date for that unit of study was before the commencement of this item—paragraph 137‑10(2)(a) of the Higher Education Support Act 2003 applies in relation to the debt; and

 (d) if the census date for that unit of study is on or after the commencement of this item—paragraph 137‑10(2)(b) or (c) of the Higher Education Support Act 2003 applies in relation to the debt (as the case requires).

[Minister’s second reading speech made in—

House of Representatives on 3 February 2021

Senate on 24 February 2021]