Education Legislation Amendment (Startup Year and Other Measures) Act 2023 (36 of 2023)
Schedule 1 Startup year
Part 1 STARTUP-HELP assistance
Higher Education Support Act 2003
25 At the end of Chapter 3
Add:
Part 3-7 - STARTUP-HELP assistance
Division 128A - Introduction
128A-1 What this Part is about
A student may be entitled to STARTUP-HELP assistance for an accelerator program course if certain requirements are met. In particular:
(a) the course must lead to a qualification that is accredited, by a suitable higher education provider, as being integral to the development of startup businesses; and
(b) the provider must have selected the student for STARTUP-HELP assistance.
The amount of assistance to which the student may be entitled is based on the accelerator program course fee less any up-front payments. There is a limit on the total amount of assistance that the student can receive. The assistance is paid to the provider to discharge the student's liability to pay the fee.
Note 1: Amounts of assistance under this Part may form part of a person's HELP debts that the Commonwealth recovers under Part 4-2.
Note 2: This Part does not apply to Table C providers: see section 5-1.
128A-5 The STARTUP-HELP Guidelines
*STARTUP-HELP assistance is also dealt with in the STARTUP-HELP Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.
Note: The STARTUP-HELP Guidelines are made by the Minister under section 238-10.
Division 128B - Who is entitled to STARTUP-HELP assistance?
128B-1 Entitlement to STARTUP-HELP assistance
Entitlement to STARTUP-HELP assistance
(1) A student is entitled to *STARTUP-HELP assistance for an *accelerator program course in which the student is enrolled with a higher education provider if:
(a) the student meets the citizenship or residency requirements under section 128B-30; and
(b) any of the following apply:
(i) the student is in the final year of an *undergraduate course of study;
(ii) the student is enrolled in a *postgraduate course of study;
(iii) the student was awarded, no more than 36 months before the person commenced the accelerator program course, a qualification at level 7, 8, 9 or 10 of the *Australian Qualifications Framework; and
(c) the student has not received more than one amount of STARTUP-HELP assistance (for this purpose, disregard any amount of assistance that has been *reversed under Division 128E); and
(d) the *census date for the accelerator program course is on or after 1 July 2023; and
(e) the student:
(i) enrolled in the accelerator program course on or before the census date for the course; and
(ii) at the end of the census date, remained so enrolled; and
(f) the student *meets the tax file number requirements (see section 187-1); and
(g) the student has, on or before the census date for the accelerator program course, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to the course; and
(h) the student has been assessed by the provider as academically suited to undertake the accelerator program course; and
(i) the student has applied to the provider for receipt of STARTUP-HELP assistance in relation to the accelerator program course; and
(j) the student meets the *student identifier requirements under subsection (4); and
(k) the provider has selected the student for receipt of STARTUP-HELP assistance in relation to the accelerator program course (see section 128B-35).
(2) Subsection (1) has effect subject to the following provisions:
(a) section 128B-5 (multiple courses at same time);
(b) section 128B-10 (not a genuine student);
(c) section 128B-15 (unreasonable study load);
(d) section 128B-20 (overseas campus).
Academically suited
(3) The assessment for the purposes of paragraph (1)(h) must be done in accordance with any requirements specified in the Higher Education Provider Guidelines made for the purposes of section 19-42 (assessment of students as academically suited).
When a student meets the student identifier requirements
(4) A student meets the *student identifier requirements under this subsection if:
(a) the student has a student identifier immediately before the *census date; and
(b) before the census date, the student notifies the student's student identifier to:
(i) an *appropriate officer of the higher education provider; and
(ii) the *Secretary.
(5) A notification under paragraph (4)(b) may be included in a *request for Commonwealth assistance that the student has given to the higher education provider in relation to the *accelerator program course.
Definition of request for Commonwealth assistance
(6) A request for Commonwealth assistance , in relation to a person enrolling in an *accelerator program course with a higher education provider, means a document:
(a) in which the person requests the Commonwealth to provide assistance under this Act in relation to the course; and
(b) that is in the form approved by the Minister.
128B-5 No entitlement: multiple courses at same time
(1) If, apart from this subsection, a student would be entitled to *STARTUP-HELP assistance under subsection 128B-1(1) for 2 or more *accelerator program courses in which the student is enrolled at the same time, the student is entitled to STARTUP-HELP assistance for only the one course selected under subsection (2) of this section.
(2) The one course for which the student is entitled is selected by applying either or both of the following principles, as needed:
(a) if the student enrolled at the same time in 2 or more courses - select the course the student elects, in writing, for the purposes of this paragraph;
(b) if the student enrolled at different times in 2 or more courses - select the course the student enrolled in first.
(3) The STARTUP-HELP Guidelines may prescribe requirements and other matters in relation to elections by students for the purposes of paragraph (2)(a).
128B-10 No entitlement: not a genuine student
(1) A student is not entitled to *STARTUP-HELP assistance for an *accelerator program course if the *Secretary determines that the student is not a genuine student in relation to the course.
Note: A decision under this subsection that a student is not entitled to STARTUP-HELP assistance is reviewable under Part 5-7.
(2) In determining whether a student is a genuine student for the purposes of subsection (1), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.
(3) If a determination under subsection (1) is made in writing, the determination is not a legislative instrument.
128B-15 No entitlement: unreasonable study load
(1) A student is not entitled to *STARTUP-HELP assistance for an *accelerator program course (a new course ) provided, or to be provided, by a higher education provider if the sum of the following amounts is more than 2:
(a) the *EFTSL value of the new course;
(b) the sum of the EFTSL values of each other unit of study:
(i) that has a *census date during the 12 month period ending on the census date for the new course; and
(ii) for which the person is entitled to *HECS-HELP assistance or *FEE-HELP assistance, or would be so entitled but for the previous operation of this section, or section 36-12, in relation to the other unit of study;
(c) the sum of the EFTSL values of each other accelerator program course:
(i) that has a census date during the 12 month period ending on the census date for the new course; and
(ii) for which the person is entitled to STARTUP-HELP assistance, or would be so entitled but for the previous operation of this section in relation to the other accelerator program course.
(2) Subsection (1) does not apply if the higher education provider determines that undertaking the new course will not impose an unreasonable study load on the person, having regard to:
(a) whether the person has the demonstrated capacity and capability to successfully complete courses of study or *accelerator program courses that have a combined total *EFTSL value of more than 2; and
(b) the matters (if any) specified by the Higher Education Provider Guidelines for the purposes of this paragraph.
Note: A decision under this subsection that undertaking a new accelerator program course will impose an unreasonable study load on a student is reviewable under Part 5-7.
(3) A decision of a higher education provider under subsection (2) must be in accordance with the Higher Education Provider Guidelines.
(4) If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.
(5) If a higher education provider is unable to act for one or more of the purposes of this section, the *Secretary may act as if one or more of the references in this section to the provider were a reference to the Secretary.
128B-20 No entitlement: overseas campus
A student is not entitled to *STARTUP-HELP assistance for an *accelerator program course if the course is, or is to be, undertaken by the student primarily at an overseas campus.
128B-25 Accelerator program course
(1) An accelerator program course is a structured and integrated program of education and mentoring that:
(a) is designed to develop a person's skills, capabilities and connections for the purposes of startup businesses; and
(b) meets the requirements in subsection (2).
(2) The requirements are that:
(a) the course leads to the award of a qualification accredited by the higher education provider under subsection (3); and
(b) the course has an *EFTSL value of at least 0.5 EFTSL and no more than one EFTSL; and
(c) any other requirements set out in the STARTUP-HELP Guidelines are met.
(3) For the purposes of paragraph (2)(a), a higher education provider may self-accredit a qualification as being integral to the development of startup businesses, if the provider is:
(a) registered under the *TEQSA Act in the provider category "Australian University" or "University College"; and
(b) authorised under that Act to self-accredit some or all of its courses of study.
(4) In self-accrediting the qualification, the higher education provider must, as far as practicable, apply the same procedures it applies when self-accrediting a *course of study.
(5) Without limiting the matters that may be included in the STARTUP-HELP Guidelines made for the purposes of paragraph (2)(c), those guidelines must require that the higher education provider providing the *accelerator program course has arrangements in place to ensure that, in circumstances where a student creates intellectual property through undertaking the course, the student owns the intellectual property unless there is an agreement that provides otherwise in place between the student and the provider.
128B-30 Citizenship or residency requirements
(1) A student meets the citizenship or residency requirements under this section in relation to an *accelerator program course if the student is:
(a) an Australian citizen; or
(b) a *permanent humanitarian visa holder, or an *eligible former permanent humanitarian visa holder, who will be resident in Australia for the duration of the accelerator program course.
(2) In determining, for the purposes of paragraph (1)(b), whether the student will be resident in Australia for the duration of the *accelerator program course, disregard any period of residence outside Australia that:
(a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the accelerator program course; or
(b) is required for the purpose of completing a requirement of the accelerator program course.
(3) A student also meets the citizenship or residency requirements under this section in relation to an *accelerator program course if the student:
(a) is a New Zealand citizen who will be resident in Australia for the duration of the accelerator program course; and
(b) holds a special category visa under the Migration Act 1958; and
(c) both:
(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (4) (the test day ); and
(ii) was a *dependent child when the student first began to be usually resident in Australia; and
(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
(4) In determining, for the purpose of paragraph (3)(a), whether the student will be resident in Australia for the duration of the *accelerator program course, disregard any period of residence outside Australia that:
(a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the accelerator program course; or
(b) is required for the purpose of completing a requirement of the accelerator program course.
(5) For the purposes of subsection (3), the day is the earlier of:
(a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that forms part of a *course of study, or for another *accelerator program course - the day the student first made such a request; or
(b) otherwise - the day the student made the request for Commonwealth assistance in relation to the accelerator program course.
(6) Despite subsections (1), (2) and (3), a student does not meet the citizenship or residency requirements in relation to an *accelerator program course if the higher education provider reasonably expects that the student will not undertake in Australia any of the accelerator program course.
128B-35 Selection of students for receipt of STARTUP-HELP assistance
(1) The STARTUP-HELP Guidelines may set out principles and procedures that higher education providers must follow in deciding whether to select persons for receipt of *STARTUP-HELP assistance.
(2) Any decision by a higher education provider whether to select a person for receipt of *STARTUP-HELP assistance must be made in accordance with the STARTUP-HELP Guidelines.
(3) Without limiting the matters that may be included in the STARTUP-HELP Guidelines made for the purposes of subsection (2), those guidelines may deal with:
(a) the number of its students whom higher education providers may select for receipt of *STARTUP-HELP assistance; or
(b) how that number is to be determined.
128B-40 Allocation of STARTUP-HELP assistance
(1) The STARTUP-HELP Guidelines must include principles and procedures for ensuring, so far as reasonably practicable, that at least 25% of the persons selected for receipt of *STARTUP-HELP assistance are students enrolled in an *accelerator program course at a regional university.
(2) For the purposes of subsection (1), a regional university is one of the following:
(a) Charles Sturt University;
(b) Central Queensland University;
(c) Federation University Australia;
(d) Southern Cross University;
(e) University of New England;
(f) University of Southern Queensland;
(g) University of the Sunshine Coast;
(h) any other university, or particular campus of a university, specified in the STARTUP-HELP Guidelines.
(3) The Minister must not specify a university, or particular campus of a university, in the START-UP HELP Guidelines made for the purposes of paragraph (2)(h), unless the university or campus is located in a Remoteness Area categorised under the *ABS Remoteness Structure as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia.
Division 128C - How are amounts of STARTUP-HELP assistance worked out?
128C-1 The amount of STARTUP-HELP assistance for an accelerator program course
The amount of *STARTUP-HELP assistance to which a student is entitled for an *accelerator program course is the difference between:
(a) the student's *accelerator program course fee for the course; and
(b) the sum of any *up-front payments made in relation to the course.
128C-5 Up-front payments
(1) An up-front payment , in relation to an *accelerator program course for which a student is liable to pay an *accelerator program course fee, is a payment of all or part of the student's accelerator program course fee for the course, other than a payment of *STARTUP-HELP assistance under this Part.
(2) The payment must be made on or before the *census date for the course.
128C-10 Maximum accelerator program course fee
(1) A person's *accelerator program course fee, for an *accelerator program course, must not exceed:
(a) for a course that has an *EFTSL value of one EFTSL - the *maximum student contribution amount specified, in item 4 of the table in section 93-10, for a place for a *non-grandfathered student in a unit of study in Medicine, Dentistry or Veterinary Science; or
(b) for a course that has an EFTSL value of less than one EFTSL - the amount worked out as follows:
(2) If an amount worked out by using the formula in subsection (1) is an amount made up of dollars and cents, round the amount down to the nearest dollar.
Division 128D - How are amounts of STARTUP-HELP assistance paid?
Note: Part 5-1 deals generally with payments by the Commonwealth under this Act.
128D-1 Payments to higher education providers
If a student is entitled to an amount of *STARTUP-HELP assistance for an *accelerator program course in which the student is enrolled with a higher education provider, the Commonwealth must:
(a) as a benefit to the student, lend to the student the amount of STARTUP-HELP assistance; and
(b) pay to the provider the amount lent in discharge of the student's liability to pay the student's *accelerator program course fee for the course.
128D-5 Repayment by higher education provider if STARTUP-HELP assistance is reversed
If an amount of *STARTUP-HELP assistance that a person received for an *accelerator program course is *reversed under Division 128E, the higher education provider must:
(a) pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the course under section 128D-1; and
(b) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person's *accelerator program course fee for the course.
128D-10 Implications of reversal for person's liability to higher education provider for accelerator program course fee
If an amount of *STARTUP-HELP assistance received by a person for an *accelerator program course is *reversed under Division 128E, the person is discharged from all liability to pay or account for so much of the person's *accelerator program course fee for the course as is equal to that amount.
Division 128E - Reversal of STARTUP-HELP assistance
Subdivision 128E-A - Reversal in special circumstances
128E-1 Reversal of STARTUP-HELP assistance: special circumstances
(1) A higher education provider must, on the *Secretary's behalf, determine that this section applies to a person, in relation to an amount of *STARTUP-HELP assistance that the person received for an *accelerator program course with the provider, if:
(a) the person has been enrolled in the accelerator program course with the provider; and
(b) the person has not completed the requirements for the accelerator program course during the period during which the person undertook, or was to undertake, the course; and
(c) the provider is satisfied that special circumstances apply to the person (see section 128E-5); and
(d) the person applies in writing to the provider for either or both of the following:
(i) the repayment of any amounts that the person paid in relation to the person's *accelerator program course fee;
(ii) the remission of the person's *STARTUP-HELP debt in relation to the accelerator program course; and
(e) either:
(i) the application is made before the end of the application period under section 128E-10; or
(ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
Note: A decision that this section does not apply to a person is reviewable under Part 5-7.
(2) If the provider determines that this section applies to the person in relation to the amount of assistance, the amount is reversed .
Note: For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).
(3) If the provider is unable to act for one or more of the purposes of this Subdivision, the *Secretary may act as if one or more of the references in this Subdivision to the provider were a reference to the Secretary.
128E-5 Special circumstances
(1) For the purposes of paragraph 128E-1(1)(c), special circumstances apply to the person if and only if the higher education provider receiving the application is satisfied that circumstances apply to the person that:
(a) are beyond the person's control; and
(b) do not make their full impact on the person until on or after the *census date for the *accelerator program course; and
(c) make it impracticable for the person to complete the requirements for the course in the period during which the person undertook, or was to undertake, the course.
(2) If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 36-21(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.
Note: The matters referred to in paragraphs 36-21(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying a student contribution amount or an amount of HECS-HELP assistance) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.
128E-10 Application period
(1) If:
(a) the person applying under paragraph 128E-1(1)(d) in relation to an amount of *STARTUP-HELP assistance for an *accelerator program course has withdrawn their enrolment in the course; and
(b) the higher education provider gives notice to the person that the withdrawal has taken effect;
the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.
(2) If subsection (1) does not apply, the application period for the application is the period of 12 months after the end of the period during which the person undertook, or was to undertake, the course.
128E-15 Dealing with applications
(1) If:
(a) the application is made under paragraph 128E-1(1)(d) before the end of the relevant application period; or
(b) the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;
the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.
(2) The notice must include a statement of the reasons for the decision.
Subdivision 128E-B - Reversal in other circumstances
128E-20 Reversal of STARTUP-HELP assistance: no tax file number
An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course with a higher education provider is reversed if:
(a) the person has been enrolled in the accelerator program course with the provider; and
(b) subsection 193-20(1) (no entitlement to STARTUP-HELP assistance for students without tax file numbers) applies to the person in relation to the course.
Note: For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).
128E-25 Reversal of STARTUP-HELP assistance: higher education provider completes request for assistance
An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course with a higher education provider is reversed if the provider completes any part of the *request for Commonwealth assistance in relation to the course that the person is required to complete.
Note: For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).
128E-30 Reversal of STARTUP-HELP assistance: no entitlement
An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course with a higher education provider is reversed if the *Secretary is satisfied that the person was not entitled to receive STARTUP-HELP assistance for the course with the provider.
Note: For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).
128E-35 Reversal of STARTUP-HELP assistance: no assessment of whether academically suited
An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course with a higher education provider is reversed if the person has not been assessed by the provider as academically suited to undertake the course.
128E-40 Reversal of STARTUP-HELP assistance: material non-compliance
(1) An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course provided during a period by a higher education provider is reversed if a report of an audit conducted in accordance with subsection (2) finds that there is any material non-compliance with respect to the course provided in the period.
Note: For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).
(2) The STARTUP-HELP Guidelines must require higher education providers that provide *accelerator program courses to conduct internal audits, or to arrange for audits, of compliance with the STARTUP-HELP Guidelines with respect to the courses. The Guidelines must prescribe any or all of the following:
(a) circumstances in which audits must be conducted or arranged;
(b) requirements in relation to when and how audits must be conducted or arranged and reported on.