House of Representatives

Higher Education Support Amendment (Freedom of Speech) Bill 2020

Explanatory Memorandum

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

Notes on Clauses

Clause 1 - Short title

This clause provides for the Act to be the Higher Education Support Amendment (Freedom of Speech) Act 2020.

Clause 2 - Commencement

The table in subclause 2(1) sets out when the Act's provisions will commence. The table provides that the whole of the Act commences the day after the Act receives the Royal Assent.

Subclause 2(2) provides that information in column 3 of the table at subclause 2(1) is not part of the Act and information may be inserted into column 3 or information in it may be edited in any published version of the Act.

Clause 3 - Schedules

This clause provides that any legislation that is specified in a schedule is amended or repealed as set out in the applicable items in the schedule and that any other item in a schedule has effect according to its terms.

LIST OF ABBREVIATIONS

HESA           Higher Education Support Act 2003

French Review           Report of the Independent Review of Freedom of Speech in Australian Higher Education Providers March 2019

French Model Code           Model Code for the Protection of Freedom of Speech and Academic Freedom in Australian Higher Education Providers

Threshold Standards           Higher Education Standards Framework (Threshold Standards) 2015

ICESCR           International Covenant on Economic, Social and Cultural Rights

ICCPR           International Covenant on Civil and Political Rights


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