House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Education, Science and Training, the Honourable Julie Bishop MP)

Schedule 8 - Commonwealth support for cross-institutional study

Higher Education Support Act 2003

Item 1 - Paragraph 19-87(1)(b)

Section 19-87 deals with determining student contribution amounts for all places in units of study as part of the quality and accountability requirements placed on higher education providers.

Item 1 deletes and replaces paragraph 19-87(1)(b) which has the effect of providing that section 19-87 applies to a unit of study that a higher education provider provides or proposes to provide during a certain period determined by the Higher Education Provider Guidelines and in relation to which the provider may advise a person that he or she is Commonwealth supported.

This amendment is a technical amendment to support item 2 of Schedule 8 below.

Items 2, 3 and 4 - Paragraphs 36-10(1)(b), 36-22(1)(aa) and 79-1(1)(aa)

Section 36-10 deals with providing advice on whether a person is a Commonwealth supported student.

Section 36-22 deals with when providers are to repay amounts etc for units wholly consisting of work experience in industry (special circumstances).

Section 79-1 deals with the main case of re-crediting a person's Student Learning Entitlement.

Items 2, 3 and 4 amend paragraphs 36-10(1)(b), 36-22(1)(aa) and 79-1(1)(aa) respectively by deleting the words "the provider or, where the provider is a Table A provider, with another Table A provider", and replacing them with the words "that provider or another higher education provider".

The effect of item 2 is to allow a higher education provider to advise a student undertaking cross-institutional study that they are Commonwealth supported regardless of whether either of the home or host institutions is a non-Table A higher education provider.

The amendments at items 3 and 4 are technical amendments to support the amendment at item 2 of Schedule 8.