House of Representatives

Explanatory Memorandum

Circulated By Authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations

NOTES ON CLAUSES

Clause 1 - Short title

This clause provides for the Bill, when it is enacted, to be cited as the Higher Education Support Amendment Act (No. 2) 2011 .

Clause 2 - Commencement

Subclause 2(1) inserts a three column table setting out commencement information for various provisions of the Bill. Each provision of the Bill specified in column 1 of the table commences (or is taken to have commenced) in accordance with column 2 of the table and any other statement in column 2 has effect according to its terms.

The table has the effect of providing for:

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Clauses 1 to 3 and anything else in the Bill not otherwise covered by the table to commence on the day the Bill (once enacted) receives Royal Assent;

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Schedule 1 to commence on Royal Assent; and

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Schedules 2 to 4 to commence on the later of 1 January 2012 and Royal Assent.

A Note makes it clear that these commencement times will not be amended by any later amendments of the Bill (once enacted).

Subclause 2(2) provides that information in column 3 of the table does not form part of the Bill. Information in column 3 may be inserted or varied in any published version of the Bill (once enacted).

Clause 3 - Schedule(s)

Provides that each Act that is specified in a Schedule is amended or repealed as set out in the applicable items in the Schedule and that any other item in a Schedule has effect according to its terms.

For ease of description, this Explanatory Memorandum uses the following abbreviations:

'HESA' means the Higher Education Support Act 2003 .

'HECS-HELP assistance' means assistance payable under Part 3-2 of HESA.

'FEE-HELP assistance' means assistance payable under Part 3-3 of HESA.

'VET course of study' means a structured and integrated program of vocational education or vocational training, usually consisting of a number of modules (units of study) or shorter programs, and leading to the award of a VET diploma, a VET advanced diploma, a VET graduate diploma or a VET graduate certificate.

'VET FEE-HELP assistance' means assistance payable to students for VET units of study under Part 2 of Schedule 1A of HESA.