Higher Education Support Amendment (Cost Recovery) Act 2019 (Cth)

Higher Education Support Amendment (Cost Recovery) Act 2019

No. 86, 2019

An Act to amend the Higher Education Support Act 2003, and for related purposes

Contents

Higher Education Support Amendment (Cost Recovery) Act 2019

No. 86, 2019

An Act to amend the Higher Education Support Act 2003, and for related purposes

[Assented to 28 October 2019]

The Parliament of Australia enacts:

1Short title

This Act is the Higher Education Support Amendment (Cost Recovery) Act 2019.

2Commencement

1. (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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	28 October 2019
2. Schedule 1, Part 1	1 January 2020.	1 January 2020
3. Schedule 1, Part 2	At the same time as the Higher Education Support (Charges) Act 2019 commences. However, the provisions do not commence at all if that Act does not commence.	1 January 2020

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1Higher education provider application fee

Higher Education Support Act 2003

1

At the end of subsection 16‑40(2)

Add:

1. ; and (c)

   must be accompanied by the fee (if any) prescribed by, or worked out in accordance with the method prescribed by, the Higher Education Provider Guidelines.

Note: The guidelines may prescribe different fees, or methods, for applications made by different kinds of applicant: see subsection 33(3A) of the Acts Interpretation Act 1901.

2

At the end of section 16‑40

Add:

1. (3)

   A fee prescribed, or worked out in accordance with a method prescribed, for the purposes of subsection (2) must not be such as to amount to taxation.

Part 2Higher education provider charge

Higher Education Support Act 2003

3

After section 19‑65

Insert:

19‑66Higher education provider charge

1. (1)

   A higher education provider must pay the following when it is due and payable by the provider:

   1. (a)

      *higher education provider charge;

   2. (b)

      any penalty for late payment of higher education provider charge.

   Note: Higher education provider charge is imposed by the Higher Education Support (Charges) Act 2019.

2. (2)

   The Higher Education Provider Guidelines may make provision for, or in relation to, all or any of the following matters:

   1. (a)

      the issue of notices setting out the amount of *higher education provider charge payable by a provider;

   2. (b)

      when higher education provider charge is due and payable;

   3. (c)

      the issue of notices extending the time for payment of higher education provider charge;

   4. (d)

      penalties for late payment of higher education provider charge;

   5. (e)

      to whom higher education provider charge and any penalties for late payment are payable;

   6. (f)

      the refund, remission or waiver of higher education provider charge or penalties for late payment;

   7. (g)

      the review of decisions made under the Higher Education Provider Guidelines in relation to the collection or recovery of higher education provider charge;

   8. (h)

      any other matters relating to the collection or recovery of higher education provider charge.

4

Subclause 1(1) of Schedule 1

Insert:

higher education provider charge means charge imposed by the Higher Education Support (Charges) Act 2019.

[Minister’s second reading speech made in—

House of Representatives on 4 July 2019

Senate on 11 September 2019]

(102/19)