Explanatory Memorandum
(Circulated by authority of the Minister for Education, Science and Training, the Honourable Julie Bishop MP)Schedule 6-Winter schools
Higher Education Support Act 2003
Section 36-10 sets out rules on when a provider may or may not advise a person that they are a Commonwealth supported student. Subsections 36-10(7) to (10) set out the rules in relation to full fee summer schools.
Item 1 Paragraph 36-10(7)(a)
Amends paragraph 36-10(7)(a) to also apply the full fee summer schools rules to winter schools. The amendments will have the effect of providing that a higher education provider must not advise a person that he/she is a Commonwealth supported student in relation to a unit of study if the person undertakes the unit wholly during a summer school period (the current summer school period ) or a winter school period (the current winter school period ) and the provider has determined that subsection 36-10(7) applies to the unit.
The heading to subsection 36-10(7) is altered to reflect this change.
Items 2 and 3 Subsection 36-10(8)
Amend subsection 36-10(8) (which sets out rules about when a higher education provider may make a determination that subsection 36-10(7) applies to a unit of study) to reflect the extension of the full fee summer schools rules to winter schools.
Item 4 Subsection 36-10(9)
Subsection 36-10(9) currently requires a higher education provider to make a determination that subsection 36-10(7) applies to a unit of study before the start of the current summer school period. Item 4 replaces subsection 36-10(9) with a new subsection which has the effect of providing that the higher education provider must make such a determination:
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- before the start of the current summer school period, if the determination relates to a unit undertaken during a summer school period; or
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- before the start of the current winter school period, if the determination relates to a unit undertaken during a winter school period.
Item 5 Subsection 36-10(10)
Amends subsection 36-10(10) by inserting a new definition of winter school period which is defined as a period that starts on or after 1 June in a year and ends on or before 31 August in that year.