House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Education, Training and Youth Affairs the Hon Dr David Kemp MP)

Schedule 4 - Miscellaneous

Higher Education Funding Act 1988

Items 1 and 2

Remove references to the Overseas Students Charge Act 1979 , which was repealed by Schedule 1 to the Statute Stocktake Act 1999. Item 1 does this by repealing paragraph 18(1)(e) while Item 2 repeals the definition of overseas student charge in subsection 36(3).

Item 3

Broadens the Ministers discretion to issue guidelines setting out criteria that an institution must apply in deciding whether the requirements in paragraphs 36(1) (a), (b) (c) and (d) in relation to the exclusion of work experience in industry from a student load, apply to a particular student. Currently the Minister may only issue guidelines to institutions in relation to deciding work done by a student outside an institution is done for the purposes of obtaining work experience in industry. In other words the Ministers guideline making powers under subsection 36(3) currently extend only to the discretion to make guidelines in relation to paragraph 36(1)(d).

Item 4

Inserts a new paragraph 61(1)(ba) to permit money in the Higher Education (HECS) Reserve ^[F2] which would otherwise be payable under paragraph 61(1)(b) to be credited against primary tax debts within the meaning of Part IIB of the Taxation Administration Act 1953 , for amounts that are less than $50.