Higher Education Legislation Amendment (2005 Measures No. 3) Act 2005 (Cth)
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The Parliament of Australia enacts:
This Act may be cited as the
Higher Education Legislation Amendment (2005 Measures No. 3) Act 2005 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 14 December 2005 |
Schedules 1 and 2 | The day on which this Act receives the Royal Assent. | 14 December 2005 |
Schedule 3 | The 14th day after the day on which this Act receives the Royal Assent. | 28 December 2005 |
Schedules 4 and 5 | The day on which this Act receives the Royal Assent. | 14 December 2005 |
Schedule 6 | 23 November 2004. | 23 November 2004 |
Schedule 7, items 1 to 6 | Immediately after the commencement of the provisions covered by table item 5. | 23 November 2004 |
Schedule 7, item 7 | Immediately after the commencement of item 6 of Schedule 1 to the However, if item 6 of Schedule 1 to the | 1 January 2006 |
Schedule 7, item 8 | Immediately after the commencement of the provisions covered by table item 5. | 23 November 2004 |
Schedule 7, item 9 | Immediately after the commencement of item 18 of Schedule 1 to the However, if item 18 of Schedule 1 to the | 6 July 2005 |
Schedule 7, item 10 | Immediately after the commencement of the provisions covered by table item 5. | 23 November 2004 |
Schedule 7, item 11 | Immediately after the commencement of item 20 of Schedule 1 to the However, if item 20 of Schedule 1 to the | 6 July 2005 |
Schedule 7, items 12 to 14 | Immediately after the commencement of the provisions covered by table item 5. | 23 November 2004 |
Schedule 7, item 15 | Immediately after the commencement of item 24 of Schedule 1 to the However, if item 24 of Schedule 1 to the | 6 July 2005 |
Schedule 7, items 16 to 36 | Immediately after the commencement of the provisions covered by table item 5. | 23 November 2004 |
Schedule 7, items 37 and 38 | Immediately after the commencement of item 44 of Schedule 1 to the However, if item 44 of Schedule 1 to the | 6 July 2005 |
Schedule 7, items 39 to 43 | Immediately after the commencement of the provisions covered by table item 5. | 23 November 2004 |
Schedule 7, item 44 | Immediately after the commencement of item 60 of Schedule 1 to the However, if item 60 of Schedule 1 to the | 1 January 2004 |
Schedule 7, items 45 and 46 | Immediately after the commencement of the provisions covered by table item 5. | 23 November 2004 |
Schedule 7, item 47 | Immediately after the commencement of item 61 of Schedule 1 to the However, if item 61 of Schedule 1 to the | 1 January 2004 |
Schedule 7, items 48 and 49 | Immediately after the commencement of the provisions covered by table item 5. | 23 November 2004 |
Schedule 7, items 50 to 56 | Immediately after the commencement of the provisions covered by table item 6. | 23 November 2004 |
Schedule 7, item 57 | Immediately after the commencement of the provisions covered by table item 9. However, if the provisions covered by table item 9 do not commence, the provision(s) do not commence at all. | 6 July 2005 |
Schedule 7, item 58 | Immediately after the commencement of the provisions covered by table item 11. However, if the provisions covered by table item 11 do not commence, the provision(s) do not commence at all. | 6 July 2005 |
Schedule 7, items 59 to 81 | Immediately after the commencement of the provisions covered by table item 6. | 23 November 2004 |
Schedule 7, item 82 | Immediately after the commencement of item 44 of Schedule 1 to the However, if item 44 of Schedule 1 to the | 6 July 2005 |
Schedule 7, items 83 to 91 | Immediately after the commencement of the provisions covered by table item 6. | 23 November 2004 |
Schedule 7, item 92 | Immediately after the commencement of item 23 of Schedule 1 to the However, if item 23 of Schedule 1 to the | 6 July 2005 |
Schedule 8 | The day on which this Act receives the Royal Assent. | 14 December 2005 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Omit “*student load”, substitute “student load”.
Omit “total *student load”, substitute “total student load”.
Omit “the provider’s *maximum BOTP student load”, substitute “the student load that, in the provider’s opinion, represents the load imposed on a full‑time student for one year”.
Omit “total *student load”, substitute “total student load”.
Omit “the provider’s *maximum BOTP student load”, substitute “the student load that, in the provider’s opinion, represents the load imposed on a full‑time student for one year”.
Omit “total *student load”, substitute “total student load”.
Omit “the institution’s *maximum BOTP student load”, substitute “the student load that, in the provider’s opinion, represents the load imposed on a full‑time student for one year”.
Repeal the section.
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Clause 1 of Schedule 1 (definition of maximum BOTP student load ) Repeal the definition.
10
Clause 1 of Schedule 1 (definition of student load ) Repeal the definition.
The amendments made by this Schedule only apply to a bridging course for overseas‑trained professionals in which a person enrols on or after the commencement of this Schedule.
After “in the provider’s”, insert “reasonable”.
After “in the provider’s”, insert “reasonable”.
The amendments made by this Schedule only apply to the meeting of the fairness requirements on or after the commencement of this Schedule.
Omit “Commonwealth Grant Scheme Guidelines”, substitute “Higher Education Provider Guidelines”.
Repeal the paragraph, substitute:
(f) determined, in accordance with the Higher Education Provider Guidelines, to be a fee of a kind that is incidental to studies that may be undertaken with a higher education provider; or
The amendments made by this Schedule only apply to the determination of fees after the commencement of this Schedule.
1 At the end of Subdivision 19‑E of Division 19 of Part 2‑1 Add:
(1) The Minister may require a higher education provider (other than a *Table A provider) to be audited as to compliance with any one or more of the following requirements:
(a) the *financial viability requirements;
(b) the *fairness requirements;
(c) the *compliance requirements;
(d) the *contribution and fee requirements.
(2) The audit must be conducted:
(a) by a body determined in writing by the Minister; and
(b) at such time or times, and in such manner, as the Minister requires.
(3) The provider must:
(a) fully co‑operate with the auditing body in the course of its audit; and
(b) pay to the auditing body any charges payable for such an audit.
(4) A determination made under paragraph (2)(a) is not a legislative instrument.
Omit all the words after “in relation to a unit of study,”, substitute:
if:
(a) the higher education provider with which he or she is enrolled in that unit has advised the person in writing that he or she is a Commonwealth supported student:
(i) in relation to the unit; or
(ii) if the person is undertaking a *course of study with the provider of which the unit forms a part—in relation to that course of study; and
(b) at the end of the *census date for the unit, the higher education provider would not have been prohibited, under section 36‑10 or 36‑15, or both, from so advising the person.
Repeal the subsection.
Repeal the paragraph, substitute:
(e) the person:
(i) enrolled in the unit on or before the *census date for the unit; and
(ii) at the end of the census date, remained so enrolled.
After “under section 36‑10”, insert “or section 36‑15, or both”.
After “under section 36‑10”, insert “or section 36‑15, or both”.
Add:
(3) If a higher education provider has, under subparagraph 36‑5(1)(a)(ii), advised a person that he or she is a Commonwealth supported student in relation to a *course of study with the provider, then the higher education provider is taken to have advised the person that he or she is a Commonwealth supported student in relation to each unit of study undertaken with the provider, as part of that course.
After “under section 36‑10”, insert “or section 36‑15, or both”.
The amendments made by this Schedule only apply to the giving of advice under section 36‑5 of the
Higher Education Support Act 2003 after the commencement of this Schedule.
Omit “
Open Learning Australia ”, substitute “Open Universities Australia ”.
Repeal the heading, substitute:
Repeal the heading, substitute:
4 Clause 1 of Schedule 1 (definition of officer of Open Learning Australia ) Repeal the definition.
Insert:
officer of Open Universities Australia has the meaning given by subsection 179‑15(3A).
6
Clause 1 of Schedule 1 (definition of Open Learning Australia ) Repeal the definition.
Insert:
Open Universities Australia means Open Universities Australia Pty Ltd (ACN 053 431 888).
The specified provisions of the Act listed in this Part are amended by omitting “*Open Learning Australia” and substituting “*Open Universities Australia”.
39 Section 206‑1 (table item 2A, column headed “Decision maker”)
42 Clause 1 of Schedule 1 (paragraph (a) of the definition of census date ) 43 Clause 1 of Schedule 1 (paragraph (a) of the definition of fee ) 44 Clause 1 of Schedule 1 (subparagraph (b)(ii) of the definition of overseas student ) 45 Clause 1 of Schedule 1 (paragraph (a) of the definition of request for Commonwealth assistance ) 46 Clause 1 of Schedule 1 (paragraph (b) of the definition of review officer )
48 Clause 1 of Schedule 1 (paragraph (a) of the definition of tuition fee ) 49 Clause 1 of Schedule 1 (subparagraph (b)(i) of the definition of unit of study )
The specified provisions of the Acts listed in this Part are amended by omitting “Open Learning Australia” (wherever occurring) and substituting “Open Universities Australia”.
Note: The heading to section 104‑2 is altered by omitting “
Open Learning Australia ” and substituting “Open Universities Australia ”.
Note: The heading to section 104‑3 is altered by omitting “
Open Learning Australia ” and substituting “Open Universities Australia ”.
Note: The heading to section 104‑4 is altered by omitting “
Open Learning Australia ” and substituting “Open Universities Australia ”.
Note: The heading to subsection 193‑1(2A) is altered by omitting “
Open Learning Australia ” and substituting “Open Universities Australia ”.
88 Clause 1 of Schedule 1 (paragraph (b) of the definition of census date ) 89 Clause 1 of Schedule 1 (paragraph (b) of the definition of fee ) 90 Clause 1 of Schedule 1 (paragraph (b) of the definition of request for Commonwealth assistance ) 91 Clause 1 of Schedule 1 (paragraph (b) of the definition of tuition fee )
Repeal the heading.
Omit “overseas trained professionals”, substitute “overseas‑trained professionals”.
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