Higher Education Funding Amendment Act (No. 2) 1990 (Cth)
Section
1. Short title etc.
2. Commencement
3. Definitions
4. Institutions
5. Maximum grants
6. Grants for Aboriginal participation projects
7. Grants for superannuation expenses
8. Grants for projects of national priority
9. Promotion of equality of opportunity
10. Special research assistance
11. Grants in respect of teaching hospitals
12. Grants in respect of drug and alcohol education in teaching hospitals
13. Grants for building projects
14. Promotion of equality of opportunity
15. Interpretation
16. Semesters
17. Power of Secretary to remit semester debt in special circumstances
18. Compulsory payments in respect of accumulated HEC debt
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
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Avondale College
Catholic College of Education Sydney Ltd
Charles Sturt University
Macquarie University
The University of New South Wales
The University of Newcastle
The University of Wollongong
University of New England
University of Sydney
University of Technology, Sydney
University of Western Sydney
Ballarat University College
Bendigo College of Advanced Education
Chisholm Institute of Technology
Deakin University
Footscray Institute of Technology
Gippsland Institute of Advanced Education
Hawthorn Institute of Education
Institute of Catholic Education
La Trobe University
Marcus Oldham College of Farm Management
Monash University
Phillip Institute of Technology
Royal Melbourne Institute of Technology Ltd
Swinburne Limited
The Victorian College of the Arts
The Western Institute
The Wodonga Institute of Tertiary Education
University of Melbourne
Victoria College
Victoria University of Technology
Victorian College of Agriculture and Horticulture
Victorian College of Pharmacy Ltd
Warrnambool Institute of Advanced Education
Griffith University
James Cook University of North Queensland
McAuley College
Queensland Conservatorium of Music
Queensland University of Technology
The University of Queensland
University College of Central Queensland
University College of Southern Queensland
Curtin University of Technology
Murdoch University
The University of Western Australia
Western Australian College of Advanced Education
Roseworthy Agricultural College
South Australian College of Advanced Education
South Australian Institute of Technology
The Flinders University of South Australia
The University of Adelaide
Tasmanian State Institute of Technology
University of Tasmania
Signadou College of Education
Batchelor College
Northern Territory University”.
5 . Section 17 of the Principal Act is amended:
(a) by omitting from paragraph (b) “$2,282,996,000” and substituting “$2,441,844,000”;
(b) by omitting from paragraph (c) “$2,297,052,000; and” and substituting “$2,520,739,000;”;
(c) by omitting from paragraph (d) “$2,342,969,000” and substituting “$2,571,228,000”;
(d) by adding at the end the following word and paragraph:“; and (e) in the case of the year 1993—$2,657,966,000.”.
6. Section 19 of the Principal Act is amended:
(a) by omitting from paragraph (4) (c) “$13,476,000” and substituting “$22,990,000”;
(b ) by omitting from paragraph (4) (d) “$13,476,000” and substituting “$23,662,000”.
7. Section 20 of the Principal Act is amended:
(a) by omitting from paragraph (3) (b) “$48,560,000” and substituting “$104,931,000”;
(b) by omitting from paragraph (3) (c) “$57,653,000; and” and substituting “$59,050,000;”;
(c) by omitting from paragraph (3) (d) “$66,629,000” and substituting “$67,092,000”;
(d) by adding at the end of subsection (3) the following word and paragraph:“; and (e) in the case of the year 1993—$67,092,000.”.
8. Section 21 of the Principal Act is amended:
(a) by omitting from paragraph (3) (b) “$27,139,000” and substituting “$28,367,000”;
(b) by omitting from paragraph (3) (c) “$27,987,000; and” and substituting “$29,948,000;”;
(c) by omitting from paragraph (3) (d) “$28,855,000” and substituting “$30,877,000”;
(d) by adding at the end of subsection (3) the following word and paragraph:“; and (e) in the case of the year 1993—$31,753,000.”.
9. (1) Section 22 of the Principal Act is amended:(
a ) by omitting subsections (3) and (4) and substituting the following subsection:“(3) Where the Minister approves a proposal for expenditure by an institution in respect of a year, the Minister is to determine an amount, not exceeding the estimated expenditure on the proposal in that year, as the amount of the approved
expenditure in relation to the proposal and, subject to subsection (5), as from 1 January in that year, the amount specified in a determination under section 15 or 16, as the case requires, in relation to the institution in respect of that year is to be taken to be increased by the amount of the approved expenditure.”;
(b) by omitting from paragraph (5) (b) “$1,315,000” and substituting “$1,487,000”;
(c) by omitting from paragraph (5) (c) “$1,315,000; and” and substituting “$1,555,000;”;
(d) by omitting from paragraph (5) (d) “$1,315,000” and substituting “$1,555,000”;
(e) by adding at the end of subsection (5) the following word and paragraph:“; and (e) in the case of the year 1993—$3,667,000.”;
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f ) by omitting subsection (6).
(3) Where, before the commencement of this Act:(a) an amount of financial assistance was paid to a State under subsection 22 (4) of the Principal Act; and
(b) a condition under subsection 22 (6) of the Principal Act relevant to that payment had not been satisfied;
section 22 of the Principal Act, as in force immediately before the commencement of this Act, continues to apply in relation to that payment.
10 .(1) Section 23 of the Principal Act is amended:
(a) by omitting from paragraph (1) (c) “research”;
(b) by inserting after paragraph (1) (e) the following word and paragraph:“ or (f) research fellowships;”;
(c) by omitting from paragraph (4) (b) “$144,396,000” and substituting “$149,169,000”;
(d) by omitting from paragraph (4) (c) “$185,338,000; and” and substituting “$215,266,000;”;
(e) by omitting from paragraph (4) (d) “$196,003,000” and substituting “$224,710,000”;
(f) by adding at the end of subsection (4) the following word and paragraph:“; and (e) in the case of the year 1993—$227,195,000.”.
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11. Section 24 of the Principal Act is amended:
(a) by omitting from paragraph (3) (b) “$3,836,000” and substituting “$4,029,000”;
(b) by omitting from paragraph (3) (c) “$3,836,000; and” and substituting “$4,105,000;”;
(c) by omitting from paragraph (3) (d) “$3,836,000” and substituting “$4,105,000”;
(d) by adding at the end of subsection (3) the following word and paragraph:“; and (e) in the case of the year 1993—$4,105,000.”.
13. Section 26 of the Principal Act is amended:
(a) by omitting from paragraph (5) (b) “$87,731,000” and substituting “$94,129,000”;
(b) by omitting from paragraph (5) (c) “$87,731,000; and” and substituting “$102,261,000;”;
(c) by omitting from paragraph (5) (d) “$87,731,000” and substituting “$ 102,261,000”;
(d) by adding at the end of subsection (5) the following word and paragraph:“; and (e) in the case of the year 1993—$212,453,000.”.
14. (1) Section 30 of the Principal Act is amended:(
a ) by omitting subsections (3) and (4) and substituting the following subsection:“(3) Where the Minister approves a proposal for expenditure by an institution in respect of a year, the Minister is to determine an amount, not exceeding the estimated expenditure on the proposal in that year, as the amount of the approved expenditure in relation to the proposal and, subject to subsection (s), as from 1 January in that year, the amount specified in a determination under section 15 or 16, as the case requires, in relation to the institution in respect of that year is to be taken to be increased by the amount of the approved expenditure.”;
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b ) by omitting subsection (6).
(3) Where, before the commencement of this Act:(a) an amount of financial assistance was paid to a State under subsection 30 (4) of the Principal Act; and
(b) a condition under subsection 30 (6) of the Principal Act relevant to that payment had not been satisfied;
section 30 of the Principal Act, as in force immediately before the commencement of this Act, continues to apply in relation to that payment.
15 . Section 34 of the Principal Act is amended:(
a ) by omitting paragraph (a) of the definition of “census date” in subsection (1) and substituting the following paragraph:“(a) in the case of a course undertaken in a period that is taken to be a semester by virtue of subsection 37 (2) or (3):
(i) if the course is of not less than 6 weeks duration— the date that is 14 days after the date on which the student starts to undertake the course of study; or
(ii) if the course is of less than 6 weeks duration—the date on which the student starts to undertake the course of study; or”;
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b ) by omitting paragraph (a) of the definition of “designated course of study” in subsection (1) and substituting the following paragraph:“(a) a course leading to an undergraduate award that provides an initial qualification in relation to nursing;”.
16. Section 37 of the Principal Act is amended:
(a) by omitting from subsection (1) “subsection (2)” and substituting “this section”;
(b) by omitting from subsection (2) “second semester” and substituting “last semester to end”;
(c) by adding at the end the following subsection:“(3) Where an institution provides a course or courses of study during a period that does not fully coincide with a period that is otherwise, for the purposes of this Chapter a semester for the purposes of the institution, that period is taken for the purposes of this Chapter (other than subsection (2)) to be a separate semester for the purposes of the institution.”.
“(1) Subject to subsection (1a), where a student has incurred an HEC semester debt, the Secretary may, on written application made by the student within 3 months after the debt was incurred, if the Secretary is satisfied:
(a) that the student, because of special circumstances, did not complete his or her course requirements during the semester or during the year in which the semester occurred; and
(b) that those circumstances justify the Secretary so doing;
by writing signed by the Secretary remit the whole, or such part as the Secretary thinks fit, of the debt.
“(1a) An application may be made under subsection (1) within 15 months after the debt was incurred, or, in the case of a debt incurred earlier than 12 months before the commencement of this subsection, within 3 months after that commencement, if:
(a) the student was unable, because of circumstances beyond his or her control, to make an application within the period of 3 months referred to in that subsection; or
(b) the special circumstances referred to in subsection (1) only became known after the end of that period of 3 months.”.
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18 . Section 68 of the Principal Act is amended:
(a) by omitting subparagraph (1) (c) (ii) and substituting the following subparagraphs:“(ii) in the case of the year of income ending on 30 June 1990—1% of that taxable income; or
(iii) in the case of a subsequent year of income—2% of that taxable income; or”;
(b) by omitting subparagraph (1) (d) (ii) and substituting the following subparagraphs:“(ii) in the case of the year of income ending on 30 June 1990—2% of that taxable income; or
(iii) in the case of a subsequent year of income—3% of that taxable income; or”;
(c) by omitting subparagraph (1) (e) (ii) and substituting the following subparagraphs:“(ii) in the case of the year of income ending on 30 June 1990—3% of that taxable income; or
(iii) in the case of a subsequent year of income—4% of that taxable income.”.
1. No. 2, 1989, as amended. For previous amendments, see No. 138, 1988; and Nos. 80, 168 and 179, 1989.
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House of Representatives on 11 October 1990
Senate on 15 November 1990
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