Explanatory Memorandum
(Circulated by authority of the Minister for Vocational Education and Skills, the Hon Luke Hartsuyker MP)Schedule 2 - Other amendments
Higher Education Support Act 2003
The amendments set out in Schedule 1 to this Bill are to apply to the Higher Education Support Act 2003 as it currently stands. The amendments proposed by this Schedule 2 are additional amendments to the Higher Education Support Act 2003 which will be required in the event that the Higher Education and Research Reform Bill 2014 passes.
Item 1
This item inserts paragraph 137-18(4)(aa) in section 137-18. New paragraph 137-18(4)(aa) specifies subclause 46A(1) of Schedule 1A as an additional reason for remitting a debt in relation to a VET unit of study.
Item 2
This item substitutes "about re-crediting FEE-HELP balances" in subclause 39GD(d) of Schedule 1A with "about re-paying VET FEE-HELP assistance".
Item 3
This item substitutes the heading for clause 46A of Schedule 1A with "Provider repayment of VET FEE-HELP assistance - unacceptable conduct by provider or provider's agent".
Item 4
This item substitutes the heading for clause 46A of Schedule 1A with "Decision that this subclause applies".
Item 5
This item substitutes the reference to "re-credit a person's FEE-HELP balance with an amount equal to the amounts of VET FEE-HELP assistance that the person received for a VET unit of study" in clause 46A, with "decide that this subclause applies to a person".
Item 6
This item substitutes paragraph 46A(1)(a) of Schedule 1A with new paragraphs 46A(1)(a) and (aa). New paragraph 46A(1)(a) requires that "the person has been enrolled in a VET unit of study with a VET provider". New paragraph 46A(1)(aa) requires that "the person received VET FEE-HELP assistance for the unit".
Item 7
This item substitutes paragraph 46A(1)(d) of Schedule 1A . New paragraph 46A(1)(d) requires that "the person applies in writing to the provider for the remission of the person's VET FEE-HELP debt in relation to the unit".
Item 8
This item substitutes the notes under subclause 46A(1) of Schedule 1A with:
Note 1: If this subclause applies, the VET FEE-HELP debt of the person is remitted (see subsection 137-18(4)) and the provider must repay the amount of the VET FEE-HELP assistance to the Commonwealth (see clause 56).
Note 2: A decision that this subclause does not apply to a person is reviewable under Division 16.
Item 9
This item substitutes the reference to "decision under subclause (1)" from subclause 46A(3) of Schedule 1A with "decision that subclause (1) applies".
Item 10
This item substitutes paragraph 46A(3)(c) of Schedule 1A. New paragraph 46A(3)(c) requires the applicant and the VET provider to be invited to each make written submissions to the Secretary within 28 days on why that decision to recredit a student's VET FEE-HELP balance should be made.
Item 11
This item substitutes the reference to "decision under subclause (1)" in subclause 46A(4) and 46A(5) of Schedule 1A with "decision that subclause (1) applies".
Item 12
This item inserts paragraph 56(1)(aa) referring to subclause 46A(1) (unacceptable conduct), into subclause 56(1)(a) of Schedule 1A.
Item 13
This item substitutes items 2 and 3 of the table in clause 91 of Schedule 1A with:
| 2 | A decision that subclause 46A(1) does not apply to a person in relation to a unit of study | subclause 46A(1) | the *Secretary |
| 3 | A decision that subclause 46A(1) applies to a person in relation to a unit of study | Subclause 46A(1) | the *Secretary |
Item 14
This item provides that amendments made by Schedule 2 apply, or are taken to have applied in relation to unacceptable conduct engaged in on or after 1 January 2016.
Item 15
This item provides for the transitional arrangements that will apply if Schedule 2 commences after 1 January 2016. This item also provides 3 examples of how the transitional arrangements are intended to apply.