House of Representatives/Senate

Explanatory Memorandum

(Circulated by the authority of the Minister for Indigenous Affairs, Senator the Hon Nigel Scullion)

Notes on clauses

List of abbreviations

•

ATO means the Australian Taxation Office.

•

HELP means the Higher Education Loan Program.

•

Income Tax Assessment Act means the Income Tax Assessment Act 1936.

•

HESA Information means information collectively defined in section 180-5 of the Higher Education Support Act 2003.

•

Higher Education Provider has the meaning provided for by section 16-1 of the Higher Education Support Act 2003.

•

Higher Education Support Act means the Higher Education Support Act 2003.

•

HELP program Commonwealth officer has the meaning given by subsection 180-28(7) of the Higher Education Support Act 2003 inserted by item 2 of Schedule 2 of this Bill.

•

Social Security Act means the Social Security Act 1991.

•

Taxation Administration Act means the Taxation Administration Act 1953.

•

TFN means Tax File Number.

•

The Act means the Higher Education Support Legislation Amendment (2016 Measures No. 1) Act 2016.

•

VET provider means a provider as defined in clause 4 of Schedule 1A to the Higher Education Support Act.

Clause 1 - Short title

This clause provides for the Act to be cited as the Higher Education Support Legislation Amendment (2016 Measures No. 1) Act 2016.

Clause 2 - Commencement

Subclause 2(1) inserts a 3 column table setting out commencement information for various provisions in the Act. Each provision of the Act 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 that:

(i)

Sections 1 to 3, and anything in the Act not elsewhere covered by this table, is to commence on the day the Act receives the Royal Assent.

(ii)

Schedule 1, Part 1 commences on a day fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day the Act receives Royal Assent, it commences on the day after the end of that period. Commencement by Proclamation is intended to facilitate a coordinated approach to preparing several instruments that are required to give full effect to the policy underpinning the Act.

(iii)

Schedule 1, Part 2, Division 1, commences on the later of:

(a)

the commencement of the provisions covered by table item 2; and

(b)

immediately after the commencement of Schedule 11 to the Budget Savings (Omnibus) Act 2016.

However, if Schedule 11 to the Budget Savings (Omnibus) Act 2016 does not commence before or on the commencement of the provisions covered by table item 2, the provisions covered by table item 3 do not commence at all.

(iv)

Schedule 1, Part 2, Division 2 commences at the same time as the provisions covered by table item 2. However, if Schedule 11 to the Budget Savings (Omnibus) Act 2016 commences before or at that time, the provisions do not commence at all.

(v)

Schedule 1, Part 2, Division 3 commences on the later of:

(a)

The commencement of the provisions covered by table item 2 above; and

(b)

Immediately after the commencement of Schedule 11 to the Budget Savings (Omnibus) Act 2016. However, if this Act does not commence, the provisions covered by table item 5 do not commence at all.

(vi)

Schedule 2 commences on the day after the Act receives the Royal Assent.

The note provides that the commencement information only relates to the provisions of the Act as originally enacted. It will not be amended to deal with any later amendments to the Act.

Subclause 2(2) provides that column 3 of the table is for additional information which may be added to or edited in any published version of the Act but that information is not part of the Act.

Clause 3 - Schedules

This clause provides that legislation 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.