Explanatory Memorandum
(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)Schedule 1 - Amendment of the Higher Education Funding Act 1988
Part 1 - Variation of financial assistance
Since the introduction of the Higher Education Contribution Scheme (HECS), funding for the operating purposes and limited operating purposes of higher education institutions has come from a combination of HECS liabilities and grants approved under sections 15 and 16 of the Act. Section 17 sets the maximum aggregate funding levels for operating grants that may be paid to institutions under sections 15 and 16 while Part 4.3 of the Act established the Higher Education (HECS) Reserve and provides for the application of money in the Account.
Each year the operating needs of institutions are estimated and funded by a combination of estimated HECS liabilities during the year and aggregate grants funded within the maximum amount provided for in section 17 for that year. Actual HECS liabilities for a year are not available until early in the subsequent year after which an adjustment is made to the section 17 funding amount for the previous year to correctly reflect the relative contribution of HECS liabilities to the funding needs of institutions.
Item 1 amends section 17 to vary the maximum aggregate funding level for 2001, 2002 and 2003 to reflect revised Higher Education Contribution Scheme (HECS) liabilities and estimated liabilities, supplementation consistent with indexation arrangements, marginal funding adjustments for over-enrolments, transfers of funding to section 23C and an advance of 2003 and 2004 funding to the University of Adelaide for 2002. Item 1 also inserts the maximum aggregate funding level for the year 2004.
Section 20 provides for grants to higher education institutions for superannuation expenses for staff whose salaries are funded from grants provided under the Act. Item 2 amends subsection 20(3) to vary the maximum aggregate grant amount for 2002 and 2003 to reflect supplementation consistent with indexation arrangements, to vary the maximum aggregate grant amount for 2003 to reflect revised estimates of the Commonwealth's superannuation liability and to insert the maximum aggregate grant amount for the year 2004.
Subsection 22A(5) provides for the total amounts which may be approved as expenditure by way of grants to open learning organisations. Items 3 and 4 amend subsection 22A(5) to insert the maximum aggregate grant amount for the year 2004.
Subsection 23C(2) of the Act limits the total funds available for grants that may be approved under sections 21, 21B, 22, 23, 23A and 23B of the Act for specified years. Item 5 amends subsection 23C(2) to vary the funding limits for 2002 and 2003 to reflect a transfer of operating grant funds from section 17 and to reflect supplementation consistent with indexation arrangements. Item 5 also inserts the funding limit for the year 2004.
Section 24 of the Act provides grants in respect of teaching hospitals. Item 6 amends subsection 24(3) to increase the maximum aggregate grant amount for 2002 and 2003 to reflect supplementation consistent with indexation arrangements and to insert the maximum aggregate grant amount for the year 2004.
Section 27A of the Act provides for grants to institutions for special capital projects. Item 7 amends subsection 27A(6) to increase the maximum aggregate grant amount for 2002 and 2003 to reflect supplementation consistent with indexation arrangements and to insert the maximum aggregate grant amount for the year 2004.
Section 27D of the Act allows the Minister to determine an amount to be available for expenditure by the Commonwealth on the international marketing and promotion of Australian education and training services. Item 8 amends subsection 27D(2) to increase the maximum aggregate funding level for 2002 and 2003 to reflect supplementation consistent with indexation arrangements and to insert the maximum aggregate funding level for the year 2004.
Part 2 - Acquittal of financial assistance
The amendments proposed by this Part are intended to streamline accountability requirements for acquittal of financial assistance to institutions under Part 2.2 of the Act by removing the requirements for institutions to annually submit special audited financial statements under paragraph 18(1)(f), subsections 21A(4) and (5), paragraph 23(5)(c), subsections 23B(5) and (6), paragraph 24(4)(c), paragraph 25(3)(c) and paragraph 27C(e) and inserting a single condition requiring an institution to submit an annual audited financial statement to the Minister under proposed paragraph 108(d). The new acquittal arrangements are intended to apply in respect of financial assistance granted from 1 January 2002.
The amendments in this Part also make it clear that the conditions for financial assistance specified in subsection 18(1) and section 108 must all be met by an institution.
Amend paragraphs 18(1)(b), (c) and (d) and paragraph 108(a) by adding the word and at the end of each paragraph to make it clear that the conditions for financial assistance specified in subsection 18(1) and section 108 must all be met by an institution.
Item 10 repeals paragraph 18(1)(f) to remove the requirement for an institution to submit to the Minister a special annual audited financial statement in respect of grants received by the institution for operating purposes and special operating purposes. Item 11 consequentially removes the reference to paragraph 18(1)(f) from subsection 18(4).
Item 13 repeals subsections 21A(4) and (5) to remove the requirement for an institution to submit to the Minister a special annual audited financial statement in respect of grants received by the institution under section 21. Item 12 makes a consequential amendment to subsection 21A(1).
Repeals subsection 23(5) and inserts a new subsection 23(5) which has the effect of removing the requirement for an institution to submit to the Minister a special annual audited financial statement in respect of special research assistance expended by the institution, formerly required by paragraph 23(5)(c).
Item 16 repeals subsections 23B(5) and (6) to remove the requirement for an institution to submit to the Minister a special annual audited financial statement in respect of expenditure in connection with grants received by the institution for advanced engineering centres. Item 15 makes a consequential amendment to subsection 23B(1).
Repeals subsection 24(4) and inserts a new subsection 24(4) which has the effect of removing the requirement for an institution to submit to the Minister a special annual audited financial statement in respect of grants received by the institution for teaching hospitals, formerly required by paragraph 24(4)(c).
Item 18 repeals subsection 25(3) and inserts a new subsection 25(3) which has the effect of removing the requirement for an institution to submit to the Minister a special annual audited financial statement in respect of grants received by the institution for drug and alcohol education in teaching hospitals, formerly required by paragraph 25(3)(c).
Item 20 repeals paragraph 27C(e) to remove the requirement for an institution to submit to the Minister a special annual audited financial statement in respect of special capital grants received by the institution. Item 19 makes a consequential amendment to paragraph 27C(d).
Item 23 inserts a new paragraph 108(d) which adds a new condition for the grant of financial assistance to an institution under the Act, which has the effect of requiring each such institution to submit an annual audited financial statement to the Minister in an approved form. Item 22 makes a consequential amendment to paragraph 108(c).
Provides that the amendments made by this Part apply in relation to financial assistance granted in respect of the year that began on 1 January 2002 or a later year.
Part 3 - Notices to fee-paying overseas students
Inserts a new subsection 54(1A) which has the effect of clarifying that an institution is not required to give an overseas fee-paying student a notice of liability under subsection 54(1).
Part 4 - Batchelor Institute of Indigenous Tertiary Education
Amends the table in Schedule 1 to the Act to omit reference to 'Batchelor College' and substitute 'Batchelor Institute of Indigenous Tertiary Education'. Schedule 1 lists institutions and bodies eligible for special research assistance under section 23.
Part 5 - Tax file numbers of post-graduate students
Amends paragraph 98E(f) (dealing with the tax file numbers of post-graduate students) to omit an incorrect reference to paragraphs 52(1)(a) and 53(1)(d) and substitute a reference to paragraph 52(1A)(a) and subsection 53(1A). This amendment will remedy a drafting oversight in relation to the Post-graduate Education Loan Scheme.
Part 6 - Application of tax legislation
Repeals subsection 106U(2) and substitutes new subsections 106U(2A) and (2B) to replace the current references to sections 222A to 222F, 222 and 226G to 226ZB of the Income Tax Assessment Act 1936 with a reference to Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 , to reflect recent changes to the taxation laws which replaced some provisions in Division 1 of Part VI of the Income Tax Assessment Act 1936 on and from 1 July 2000. Proposed subsection 106U(2B) ensures a person is not liable to a penalty for any act or omission that happened before commencement of subsection 106U(2B).
Item 29 is a savings provision. For greater certainty this item preserves the operation of subsection 106U(2) in relation to the 1999-2000 and earlier years of income, as if the subsection had not been repealed.
Item 30 repeals subsection 112(3) and item 31 inserts a new subsection 112A to clarify that Chapters 4A, 4B (proposed to be inserted in the Act by the Higher Education Legislation Amendment Bill (No. 1) 2002 which establishes the bridging for overseas-trained professionals loan scheme), 5, 5A and 5B of the Act have always been taken to be taxation laws for the purposes of the Taxation Administration Act 1953 , in the same way that Chapter 4 is currently taken to be a taxation law under the subsection. Proposed subsection 112A(2) ensures a person is not liable to a penalty for any act or omission that happened before commencement of subsection 112A.
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