House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Minister for Education, the Honourable Dan Tehan MP)

Schedule 3 - Amendment of other Acts

Summary

Schedule 3 makes consequential amendments to the ESOS Act, the Higher Education Support (HELP Tuition Protection Levy) Act 2003, the Student Identifiers Act 2014 and the VET Student Loans Act 2016 to reflect the following definitional changes made by the Bill:

Detailed explanation

Education Services for Overseas Students Act 2000

Item 1 Subsection 54A(1) (note 2)

Item 1 amends Note 2 to section 54A of the ESOS Act (appointment of TPS Director) to replace 'HELP Tuition Protection Director' with 'Higher Education Tuition Protection Director'.

Item 2 Paragraph 54B(e)

Section 54B sets out the functions of the TPS Director under the ESOS Act. Item 2 amends paragraph 54B(e) to remove the reference to the TPS Director's ability to enter into a loan agreement for the benefit of the Overseas Students Tuition Fund, which is no longer a necessary function.

Item 3 Section 55A (note)

Item 3 amends the Note to section 55A of the ESOS Act (establishment of TPS Advisory Board) to replace 'HELP Tuition Protection Fund Advisory Board' with 'Higher Education Tuition Protection Fund Advisory Board'.

Higher Education Support (HELP Tuition Protection Levy) Act 2003

Item 4 Subsection 9(4)

Item 4 amends subsection 9(4) of the Higher Education Support (HELP Tuition Protection Levy) Act 2003 (legislative instrument for the purposes of the administrative fee component) to replace 'HELP Tuition Protection Fund' with 'Higher Education Tuition Protection Fund'.

Items 5 to 10 - Section 13

These Items amend various parts of section 13 of the Higher Education Support (HELP Tuition Protection Levy) Act 2003 (legislative instrument for the purposes of the risk rated component or special tuition protection component) to:

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replace 'HELP Tuition Protection Fund' with 'Higher Education Tuition Protection Fund' (Items 4, 6 and 9)

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replace 'HELP Tuition Protection Director' with 'Higher Education Tuition Protection Director' (Items 5, 7 and 10)

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replace 'HELP Tuition Fund Advisory Board' with 'Higher Education Tuition Protection Fund Advisory Board' (Item 8).

Student Identifiers Act 2014

Items 11 and 12 - Subsection 4(1) (definitions)

These Items amend the subsection 4(1) definitions provision of the Student Identifiers Act 2014 to repeal the definition of 'HELP Tuition Protection Director' and insert a new definition of 'Higher Education Tuition Protection Director'.

Item 13 - Paragraph 14(1)(nb)

Item 13 amends paragraph 14(1)(nb) of the Student Identifiers Act 2014 (request to verify or give a student identifier) to replace 'HELP Tuition Protection Director' with 'Higher Education Tuition Protection Director'.

Item 14 - Paragraph 18B(2)(ba)

Item 14 amends paragraph 18B(2)(ba) of the Student Identifiers Act 2014 (collection, use or disclosure of a student identifier by the Registrar) to replace 'HELP Tuition Protection Director' with 'Higher Education Tuition Protection Director'.

Item 15 After paragraph 18B(4)(b)

Item 15 inserts new paragraph 18B(4)(b) to include the TP Director as a listed person that is authorised to collect, use or disclose a student identifier if the collection, use or disclosure is reasonably necessary for the purposes of performing functions or exercising powers in relation to the TEQSA Act or an instrument made under the TEQSA Act. Given the TP Director has a range of new powers and functions under the TEQSA Act (see Schedule 1 to the Bill) relating to tuition protection, it is reasonable and appropriate to include the TP Director under this section in order for the TP Director to deal with a range of student information when assisting affected domestic higher education students.

VET Student Loans Act 2016

Item 16 Subsection 66M(2) (note)

Item 16 amends the Note to subsection 66M(2) of the VET Student Loans Act 2016 (VSL Tuition Protection Director) to replace 'HELP Tuition Protection Director' with 'Higher Education Tuition Protection Director'.

Item 17 Paragraph 66N(1)(d)

Section 66N provides for the functions of the VSL Tuition Protection Director under the VET Student Loans Act 2016. Item 17 amends paragraph 66N(1)(d) to remove the reference to the VSL Tuition Protection Director's ability to enter into a loan agreement for the benefit of the VSL Tuition Protection Fund, which is no longer a necessary function.