House of Representatives/Senate

Explanatory Memorandum

(Circulated by the authority of the Minister for Indigenous Affairs, Senator the Hon Nigel Scullion)

Schedule 1 - Indigenous student assistance

Summary

Schedule 1 creates a new Part 2-2A in Chapter 2 of the Higher Education Support Act to provide for grants to be paid to Table A providers (public universities) and Table B providers (private universities) to assist Indigenous students. The new part is similar in many respects to Part 2-3 of the Higher Education Support Act.

New Part 2-2A:

•

Establishes eligibility for grants and specifies grant purposes (including for providing scholarships);

•

Provides for Indigenous Student Assistance Grants Guidelines to deal with grants under the Part, including imposing conditions and setting the amounts of grants;

•

Enables the Minister to approve ad hoc grants outside of the Guidelines, including imposing conditions and setting the amounts of grants;

•

Enables the Secretary to rollover unspent grant amounts to the next following year; and

•

Enables the Minister to set the maximum payments for grants under the Part for a year.

Consequential amendments to other legislation ensure that scholarships provided for under new Part 2-2A are treated in the same way as scholarships provided for under Part 2-4 of the Higher Education Support Act, particularly in relation to the calculation of income for social security purposes and eligibility for other forms of student assistance.

The policy intention is that grants under new Part 2-2A will be administered primarily under the Indigenous Student Assistance Guidelines issued under the Part. The Guidelines will:

•

Simplify the way grants for Indigenous Students are provided to universities by using a standardised allocation formula;

•

Give higher education providers greater flexibility in designing support for Indigenous students, including scholarships and supplementary tuition; and

•

Reduce administrative requirements on higher education providers to enable them to focus on providing support and services to Indigenous students.

Background

Over the last decade there has been a 70 per cent increase in the number of Indigenous students in higher education award courses, compared to 43 per cent for all domestic undergraduate students.

However, only 48 per cent of Indigenous students who commenced their studies in 2005 had completed these studies by 2014, compared to 74 per cent of other Australian students.

This Bill creates the conditions where universities can capitalise on improvements in Indigenous students' access to higher education and ensure Indigenous students are not only enrolling, but also successfully progressing and graduating, in greater numbers.

The 2012 Review of Higher Education Access and Outcomes for Aboriginal and Torres Strait Islander People recommended Commonwealth scholarships for Indigenous students be amalgamated and supplementary Indigenous support programmes overall be reformed to ensure funding was flexible, simple to administer and had a greater focus on improving retention and completion rates (Recommendations 13 and 17). The Commonwealth worked closely with universities to build on these recommendations and develop the Indigenous Student Success in Higher Education measure announced in the 2016-17 Budget.

The Budget measure consolidates existing funding from three sources into the new Indigenous Student Success Programme to be administered under the Higher Education Support Act. The three funding sources are:

(i)

the Indigenous Support Programme, currently administered under the Other Grants Guidelines (Education) 2002 issued under Part 2-3 of the Higher Education Support Act;

(ii)

the Commonwealth Scholarships Programme, currently administered under the Commonwealth Scholarships Guidelines (Education) 2010 issued under Part 2-4 of the Higher Education Support Act; and

(iii)

tutorial assistance offered under the Indigenous Advancement Strategy, authority for which is provided for by Schedule 1AB of the Financial Framework (Supplementary Powers) Regulations 1997.

No savings were taken through this Budget measure.

Explanation of the changes

Part 1 - Main Amendments

Amendments to the Higher Education Support Act 2003

Item 1

This item amends subsection 3-5(1) so that Chapter 2 can provide for grants for assisting Indigenous students. This clarifies the additional type of grants that will be provided in Chapter 2 of the Higher Education Support Act.

Item 2

Item 2 is a technical amendment to assist the interpretation of Item 3.

Item 3

This item amends subsection 5-1(4) to provide that the provisions of Part 2-2A (which provides for Indigenous student assistance grants) do not apply to a Table C provider (i.e. universities established under the law of another country), the Australian branch of the provider, or students in their capacity as students of that provider or of that branch.

Items 4 and 5

These items amend section 8-1 to reflect that a fourth kind of grant will be available under Chapter 2, Part 2-2A to Table A providers and Table B providers to assist Indigenous students.

Item 6

This item amends subparagraph 22-15(1)(a)(i) to enable the Minister to revoke a body's approval as a higher education provider if the Minister is satisfied that the body has breached a condition of a grant made to the body under Part 2-2A. This is consistent with arrangements for grants under Parts 2-2, 2-3 and 2-4. The conditions to which this item refers are conditions imposed under new section 38-25 of the Higher Education Support Act.

Item 7

This item inserts a new Part 2-2A (Indigenous student assistance grants) after Part 2-2. It creates new Division 38 in Part 2-2A.

New section 38-1 provides a description of Part 2-2A. It provides that grants for assisting Indigenous students are payable under Part 2-2A to Table A providers and Table B providers. Table A providers are public universities listed under section 16-15 of the Higher Education Support Act, while Table B providers are private universities listed under section 16-20 of the Higher Education Support Act. The note clarifies that grants under Part 2-2A are not payable to Table C providers.

New section 38-5 provides for the Indigenous Student Assistance Grants Guidelines to deal with grants under Part 2-2A. Provisions in Part 2-2A indicate when a particular matter is or may be dealt with in these Guidelines. The note clarifies that the Guidelines are made by the Minister under section 238-10. The Guidelines are a legislative instrument.

New section 38-10 provides for the eligibility of Table A providers and Table B providers for grants under Part 2-2A in respect of the year 2017 or for a later year.

New subsection 38-10(1) provides that a Table A provider or a Table B provider is, subject to new subsection 38-10(3), eligible for grants under Part 2-2A for the year 2017 and onwards. The purposes of the grants are assisting Indigenous students to undertake higher education and to increase the number of Indigenous students enrolling in, progressing in, and completing courses leading to higher education awards.

New subsection 38-10(2) provides a non-exhaustive list of the means for achieving the grant purposes specified in new subsection 38-10(1). Higher education providers may also:

•

assist students to undertake non-award courses or activities, such as providing extra bridging support for mathematics, as a pathway into higher education; and

•

offer counselling to re-engage students that commenced higher education, but have subsequently withdrawn from studies or are at risk of withdrawing.

New subsection 38-10(3) provides that if the Indigenous Student Assistance Grants Guidelines provide for a grant and specify extra conditions of eligibility to receive the grant, then a Table A provider or a Table B provider must comply with those extra conditions in order to be eligible for the grant.

New section 38-15 allows for the Indigenous Student Assistance Grant Guidelines to provide for grants under Part 2-2A. New subsection 38-15(1) provides that the Guidelines may provide for grants to Table A providers and Table B providers that are to be paid under Part 2-2A for purposes specified in new subsection 38-10(1) (being to assist Indigenous students to undertake higher education and to increase the number of Indigenous students enrolling in, progressing in, and completing courses leading to higher education awards). New subsection 38-15(2) specifies the matters that the Guidelines may provide for, if the Guidelines provide for one or more grants of a particular type.

New subsection 38-20 allows the Minister to approve, by notifiable instrument, a grant under Part 2-2A in respect of a year to a particular higher education provider that is eligible for such a grant. This provision is structured in the same way as section 41-20 of the Higher Education Support Act and is intended to be administered in a similar manner. The intention is that this provision will allow the Minister to approve an ad hoc grant to an eligible higher education provider in a single year, in addition to any grants provided for by the Indigenous Student Assistance Grants Guidelines. The requirement for the Minister to approve grants under section 38-20 by notifiable instrument ensures grant approvals under this section are transparent.

Example: A grant is paid to an eligible higher education provider under the Indigenous Student Assistance Grants Guidelines linked to student enrolments, progression and completions. The provider uses the grant to provide academic support activities for Indigenous students. A cyclone hits the provider's facilities, meaning that many Indigenous students may not complete required units in that year. Section 38-20 allows the Minister to approve a separate grant to the provider so formula-driven entitlements can be augmented to account for the impact of this event.

New section 38-25 provides for conditions to be imposed on a grant in one of two ways:

(i)

if the grant is provided for by the Indigenous Student Assistance Grants Guidelines, the grant will be subject to:

(a)

any conditions specified in the Guidelines applying to that grant; and

(b)

on the condition that the higher education provider receiving the grant must meet the quality and accountability requirements;

(ii)

if the grant is provided for outside of the Indigenous Student Assistance Grants Guidelines or if the Guidelines do not impose conditions on the grant, the grant will be subject to:

(a)

any conditions (if any) determined by the Minister by notifiable instrument; and

(b)

on the condition that the higher education provider receiving the grant must meet the quality and accountability requirements.

The quality and accountability requirements are defined in section 19-1 of the Higher Education Support Act and relate to financial viability, and quality, fairness, compliance, contribution and fee, and compact and academic freedom requirements, as set out in Division 19 of Part 2-1 of the Higher Education Support Act.

Section 38-25 is structured in the same way as section 41-25 of the Higher Education Support Act, and is intended to be administered in a similar manner. The intention is that this provision will only enable the Minister to impose conditions on a grant if the Guidelines do not already impose conditions. If the Guidelines already specify conditions on a grant, the Minister cannot impose any additional conditions on that grant. The requirement for the Minister to determine conditions under new subsection 38-25(2) by notifiable instrument ensures the terms on which funding is provided are transparent.

New section 38-30 provides that the amount of a grant may be provided in one of two ways:

(i)

if the grant is:

(a)

made under the Indigenous Student Assistance Grants Guidelines; and

(b)

the Guidelines specify the amount of the grant, or specify the method by which the amount of the grant is to be determined

the amount of the grant is the specified amount or the amount determined by the specified method.

(ii)

if a grant is

(a)

made outside of the Indigenous Student Assistance Grant Guidelines; or

(b)

the Guidelines do not specify the amount of the grant or a method by which the amount is to be determined

the Minister may determine, by notifiable instrument, the amount of the grant.

Section 38-30 is structured in the same way as section 41-30 of the Higher Education Support Act, and is intended to be administered in a similar manner. The intention is that this provision will only enable the Minister to determine the amount of a grant when the grant is made outside of the Guidelines. If the Guidelines specify an amount of a grant, or the method to determine an amount, the Minister cannot alter the amount, or method of determination, of that grant. The requirement for the Minister to determine amounts by notifiable instrument ensures grant amounts are transparent.

New section 38-35 provides that an amount (as provided for in new section 38-30) will be payable under Part 2-2A to a higher education provider in respect of a year if:

•

the provider meets the requirements, in respect of a year, of the Indigenous Student Assistance Grants Guidelines in relation to a grant; or

•

the Minister approves, under section 38-20, a grant to the provider in respect of a year.

New section 38-40 enables the Secretary to rollover unspent grant amounts to the next following year.

New subsection 38-40(1) provides that if a higher education provider that received a grant in respect of a year under Part 2-2A fails to spend an amount of that grant and the Secretary determines, by notifiable instrument, that section 38-40 is to apply to that provider, then the unspent amount of money as determined by the Secretary is taken to be granted to the provider under Part 2-2A for the next following year.

New subsection 38-40(2) provides that this amount is taken to be granted under the same conditions as the original grant but for the following year, or under such other conditions as determined by the Secretary under subsection 38-40(4)) by notifiable instrument.

New subsection 38-40(3) enables the Secretary to determine, for the purposes of new subsection 38-40(1), that new section 38-40 is to apply to a particular higher education provider in respect of one or more grants, and for each grant, an amount of the unspent amount of that grant.

New subsection 38-40(4) provides that for the purposes of new paragraph 38-40(2)(b) (which deals with conditions on grant amounts that are rolled over), the Secretary may determine, by notifiable instrument, conditions that apply to one or more grants made to a particular higher education provider. The requirement for the Minister to determine conditions under new section 38-40(4) by notifiable instrument ensures the terms on which funding is rolled over are transparent.

New subsection 38-45(1) provides that the total payments made under Part 2-2A in respect of a year must not exceed the amount determined by the Minister in respect of the year. New subsection 38-45(2) provides that the Minister may, by legislative instrument, determine the total payments made under Part 2-2A in respect of a year. The note clarifies that a single legislative instrument may determine amounts for multiple years. New subsection 38-45(3) provides that a determination under new subsection 38-45(2) for a year must be made before the start of that year.

Under new subsection 38-45(4), the Minister may, by legislative instrument, vary, at any time before the end of a year, a determination made under new subsection 38-45(2) for the year.

New section 38-45 provides the Minister with flexibility to determine amounts for multiple years. Determining maximum amounts for up to five years is considered appropriate to give higher education providers an indication of the funding that is expected to be available. The requirement for the Minister to determine maximum payments for grants under Part 2-2A by legislative instrument is consistent with arrangements under section 41-45 of the Higher Education Support Act for Other Grants under Part 2-3 and under section 46-40 of the Higher Education Support Act for Commonwealth Scholarships under Part 2-4.

The administrative decisions to be made under new section 38-20, and new subsections 38-25(2), 38-30(2), 38-40(3), 38-40(4) and 38-45(2) will not be subject to review under section 206-1 of the Higher Education Support Act. This approach is consistent with the treatment of decisions about all other grants under Chapter 2. Decisions about the provision of grants to higher education providers are not usually subject to review.

There are factors lying in the nature of the decision that justify the exclusion of merits review. The decision to pay a grant under Part 2-2A relates to the allocation of a finite resource. A finite amount is appropriated each year for the Indigenous Student Success Programme. Once grants have been paid to higher education providers, the overturning of a particular decision would affect the allocation that has been made to other higher education providers.

The instruments required under section new 38-20, and new subsections 38-25(2), 38-30(2) and 38-40(4) are notifiable instruments within the meaning of section 11 of the Legislation Act 2003. As notifiable instruments, and to aid transparency for grants under Part 2-2A, these instruments will be registered on the Federal Register of Legislation and are available for public scrutiny.

Item 8

This item provides that new subsection 38-45(3), as amended by Part 1, does not apply to a determination for the year 2017. This provision allows a maximum payments determination for the year 2017 to be made after the start of year 2017.

Item 9

This item provides for sections 51-1 and 54-1 (dealing with reductions and repayments of grants) and section 164-15 (dealing with overpayments of grants) to apply to grants under Part 2-2A. This ensures that arrangements applying to grants made under Part 2-2A are consistent with arrangements applying to grants under Parts 2-2, 2-3 and 2-4.

Item 10

This item amends paragraphs 180-25(5)(e) and 180-25(6)(e) so that an officer that receives information about grants under Part 2-2A and any officer that receives the information from another officer within the same body will commit an offence if the information is personal information (within the meaning of section 179-5 of the Higher Education Support Act) and the information is not used or disclosed for a purpose permitted under the Higher Education Support Act.

This amendment ensures that rules about the use and disclosure of information are the same for grants under Part 2-2A and grants under Part 2-3.

Item 11

This item amends subsection 238-5(1) so that the Minister's power under new section 38-45 to determine maximum payments for grants for a year under Part 2-2A cannot be delegated to the Secretary or an APS employee. This is consistent with arrangements for powers under section 41-45 in Part 2-3 (Other Grants) and 46-40 in Part 2-4 (Commonwealth Scholarships).

Item 12

This item provides for the inclusion of table item 6A in the table at subsection 238-10(1). This enables the Minister to make, by legislative instrument, the Indigenous Student Assistance Grants Guidelines permitted by new section 38-5.

Amendments to the Social Security Act 1991

Item 13

This item inserts subparagraph 8(8)(zja)(ia) to ensure that the amount or value of a scholarship provided for under Part 2-2A of the Higher Education Support Act and specified by the Secretary under subsection 8(8AAA) of the Social Security Act is not income for the purposes of the Social Security Act. This is consistent with arrangements in relation to the amount or value of Commonwealth Education Costs Scholarships and Commonwealth Accommodation Scholarships provided for under Part 2-4 of the Higher Education Support Act.

Item 14

This item inserts subsection 8(8AAA) to provide that the Secretary may, by legislative instrument, specify a scholarship for the purposes of new subparagraph 8(8)(zja)(ia). This power will enable the Secretary to specify any scholarship provided for under Part 2-2A of the Higher Education Support Act. If specified, then as a result of new subparagraph 8(8)(zja)(ia), a scholarship will not be income for the purposes of the Social Security Act.

Item 15

This item inserts two new definitions at subsection 23(1), being a 'disqualifying accommodation scholarship' and a 'disqualifying education costs scholarship'.

A 'disqualifying accommodation scholarship' is:

•

a scholarship provided for under Part 2-2A of the Higher Education Support Act (Indigenous student assistance grants) and specified by the Secretary under new paragraph 23(24)(a) of the Social Security Act for the purposes of subparagraph (a)(ii) of the inserted definition of 'disqualifying accommodation scholarship' in subsection 23(1); or

•

a 'Commonwealth Accommodation Scholarship'.

A 'disqualifying education costs scholarship' is:

•

a scholarship provided for under Part 2-2A of the Higher Education Support Act (Indigenous student assistance grants) and specified by the Secretary under new paragraph 23(24)(b) of the Social Security Act for the purposes of subparagraph (a)(ii) of the inserted definition of 'disqualifying education costs scholarship' in subsection 23(1); or

•

a 'Commonwealth Education Costs Scholarship'.

Item 16

This item adds that:

•

under new paragraph 23(24)(a), the Secretary may, by legislative instrument, specify a scholarship for the purposes of new subparagraph 23(1)(a)(ii) for the definition of 'disqualifying accommodation scholarship'.

•

under new paragraph 23(24)(b), the Secretary may, by legislative instrument, specify a scholarship for the purposes of new subparagraph 23(1)(a)(ii) for the definition of 'disqualifying education costs scholarships'.

New subsection 23(24) will enable the Secretary to specify scholarships provided for under Part 2-2A of the Higher Education Support Act that relate to accommodation and education costs. These subsections will not enable the Secretary to specify scholarships provided for under Part 2-2A that do not relate to these areas.

Items 17 and 21

These items replace references to 'Commonwealth Education Costs Scholarships' in paragraphs 592F(1)(e) and 2(e) and 592G(2)(e) and (f) and paragraphs 1061ZVBB(1)(b) and 2(b) with references to 'disqualifying education costs scholarship.'

These amendments ensure that a person in receipt of a scholarship provided for under Part 2-2A of the Higher Education Support Act that the Secretary specifies for the purposes of the definition of 'disqualifying education costs scholarship' under new paragraph 23(24)(b) of the Social Security Act does not qualify for:

•

a 'student start-up scholarship payment' under sections 592F and 592G of the Social Security Act; or

•

a 'student start-up loan' under section 1061ZVBB of the Social Security Act.

This is consistent with existing rules in relation to a person in receipt of Commonwealth Education Costs Scholarship provided for under Part 2-4 of the Higher Education Support Act.

No consequential amendments are made to paragraphs 592F(1)(aa) and 2(aa), because these paragraphs only apply to scholarships received before these paragraphs commenced.

Items 18, 19 and 20

These items replace references to 'Commonwealth Accommodation Scholarship' in paragraphs 592J(f) and 592K(2)(e) and (f), subparagraph 592K(5)(b)(v) and subsection 592L(7) (paragraph (e) of the definition of 'student relocation payment') with references to 'disqualifying accommodation scholarship'.

These amendments ensure that a person in receipt of a scholarship provided for under Part 2-2A of the Higher Education Support Act that the Secretary specifies for the purposes of the definition of 'disqualifying accommodation scholarship' under new paragraph 23(24)(a) of the Social Security Act does not qualify for a 'relocation scholarship payment' under sections 592J and 592K of the Social Security Act. This is consistent with existing rules in relation to a person in receipt of a Commonwealth Accommodation Scholarship provided for under Part 2-4 of the Higher Education Support Act.

Amendments to the Social Security (Administration) Act 1999

Item 22

This item amends subparagraphs 195(2)(i)(i) to (xvii) to insert the conjunction 'and' at the end of each subparagraph. This amendment clarifies that in relation to a course of study being undertaken by a person, the Secretary may require all the information at paragraph 195(2)(i).

Item 23

This item provides that at subparagraph 195(2)(i)(xviii) 'Commonwealth Education Costs Scholarship' or 'Commonwealth Accommodation Scholarship' is to be substituted with 'disqualifying accommodation scholarship' or 'disqualifying education cost scholarship'.

This amendment ensures that the Secretary can require a person to the give the Department of Human Services or Department of Social Services information about the amount or value of scholarships provided for under Part 2-2A of the Higher Education Support Act and specified by the Secretary under new subsection 23(24) of the Social Security Act in relation to a course of study being undertaken by the person. This is consistent with the Secretary's power to obtain information about the amount or value of scholarships provided for under Part 2-4 of the Higher Education Support Act.

Item 24

This item inserts paragraph 202(1)(da) to provide that a person may obtain protected information if the information is obtained for the purposes of administering scholarships that are provided for under Part 2-2A of the Higher Education Support Act and is specified by the Secretary under subsection 202(2DA) as a scholarship for the purposes of this subparagraph.

Item 25

This item inserts paragraph 202(2)(daaa) to provide that a person may make a record of protected information, or disclose such information or otherwise use such information, if the record, disclosure or use is made for the purposes of the administration of scholarships that are provided for under Part 2-2A of the Higher Education Support Act and is specified by the Secretary under subsection 202(2DA) as a scholarship for the purposes of this subparagraph.

Item 26

This item inserts subsection 202(2DA) to allow the Secretary to specify, by legislative instrument, a scholarship for the purposes of new subparagraphs 202(1)(da)(ii) or 202(2)(daaa)(ii). This amendment will enable the Secretary to specify any scholarship provided for under Part 2-2A of the Higher Education Support Act.

The amendments effected by Items 24 to 26 ensure that arrangements pertaining to scholarships provided for under Part 2-2A are treated consistently with arrangements pertaining to scholarships provided for under Part 2-4 of the Higher Education Support Act.

Amendments to the Student Assistance Act 1973

Item 27

This item inserts a definition of 'disqualifying education costs scholarship' at subsection 3(1). A 'disqualifying education costs scholarship' is defined by reference to the new definition of disqualifying education costs scholarship in section 23 of the Social Security Act.

Item 28

This item substitutes the 'Commonwealth Education Costs Scholarship' with 'disqualifying education costs scholarship' at paragraph 7C(1)(b).

These amendments to the Student Assistance Act 1973 ensure that a person in receipt of a scholarship provided for under Part 2-2A of the Higher Education Support Act that the Secretary specifies for the purposes of the definition of 'disqualifying education costs scholarship' under new paragraph 23(24)(b) of the Social Security Act does not qualify for an ABSTUDY start-up loan under sections 7C and 7D of the Student Assistance Act 1973. This is consistent with existing rules in relation to a person in receipt of Commonwealth Education Costs Scholarship provided for under Part 2-4 of the Higher Education Support Act.

Amendments to the Veterans' Entitlements Act 1986

Item 29

This item inserts paragraph 5H(8)(hac) to ensure that the amount or value of a scholarship provided for under Part 2-2A of the Higher Education Support Act and specified by the Secretary under subsection 8(8AAA) of the Social Security Act is not income in relation to a person for the purposes of the Veterans' Entitlements Act 1986. This is consistent with arrangements in relation to the amount or value of a Commonwealth Education Costs Scholarship and a Commonwealth Accommodation Scholarship provided for under Part 2-4 of the Higher Education Support Act.

Linking new paragraph 5H(8)(hac) to the specification under subsection 8(8AAA) of the Social Security Act will ensure that scholarships provided for under Part 2-2A of the Higher Education Support Act are treated consistently for payments and benefits purposes.

Part 2 - Contingent amendments

Part 2 of this Schedule amends subparagraphs 1061ZVBC(1)(b)(iii) and (iv) of the Social Security Act and subparagraphs 7D(1)(b)(iii) and (iv) of the Student Assistance Act 1973 to replace 'Commonwealth Education Costs Scholarship' with 'disqualifying education costs scholarship'. The specific amendments that will have effect depend on whether the Budget Savings (Omnibus) Act 2016 commences before or after Part 1 of Schedule 1 to the Act.

These amendments ensure that a person in receipt of a scholarship provided for under Part 2-2A of the Higher Education Support Act that the Secretary specifies for the purposes of the definition of 'disqualifying education costs scholarship' under new paragraph 23(24)(b) of the Social Security Act does not qualify for:

•

a 'student start-up loan' under section 1061ZVBC of the Social Security Act; or

•

an ABSTUDY start-up loan under section 7D of the Student Assistance Act 1973.

This is consistent with existing rules in relation to a person in receipt of a Commonwealth Education Costs Scholarship provided for under Part 2-4 of the Higher Education Support Act.

Division 1 - Amendments commencing if the Budget Savings (Omnibus) Act 2016 commences before Part 1 of this Schedule

The Budget Savings (Omnibus) Act 2016 omits (1) from subsection 1061ZVBC(1) of the Social Security Act and omits (1) from subsection 7D(1) of the Student Assistance Act 1973.

If the Budget Savings (Omnibus) Act 2016 commences before Part 1 of this Schedule, Part 2 of this Schedule provides for contingent amendments to ensure that the amendments are correctly described.

Item 30

This item replaces 'Commonwealth Education Costs Scholarship' at subparagraphs 1061ZVBC(b)(iii) and (iv) of the Social Security Act with 'disqualifying education costs scholarship'.

Item 31

This item replaces 'Commonwealth Education Costs Scholarship' at subparagraphs 7D(b)(iii) and (iv) of the Student Assistance Act 1973 with 'disqualifying education costs scholarship'.

Division 2 - Amendments commencing if the Budget Savings (Omnibus) Act 2016 does not commence before Part 1 of this Schedule

If the Budget Savings (Omnibus) Act 2016 does not commence before Part 1 of Schedule 1 of the Act, Part 2 of this Schedule will amend subparagraphs 1061ZVBC(1)(b)(iii) and (iv) of the Social Security Act and subparagraphs 7D(1)(b)(iii) and (iv) of the Student Assistance Act 1973.

Item 32

This item replaces 'Commonwealth Education Costs Scholarship' at subparagraphs 1061ZVBC(1)(b)(iii) and (iv) of the Social Security Act with 'disqualifying education costs scholarship'.

Item 33

This item replaces 'Commonwealth Education Costs Scholarship' at subparagraphs 7D(1)(b)(iii) and (iv) of the Student Assistance Act 1973 and with 'disqualifying education costs scholarship'.

Division 3 - Other amendments

Item 34

This item repeals the definition of Commonwealth Education Costs Scholarship from subsection 3(1) of the Student Assistance Act 1973.

As Item 27 inserts a definition of 'disqualifying education costs scholarship' at subsection 3(1) of the Student Assistance Act 1973, the definition of Commonwealth Education Costs Scholarship is no longer necessary.