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representatives vote 2020-10-19#1
Edited by
mackay staff
on
2020-10-23 10:08:35
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Title
Bills — Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Bill 2020; Consideration of Senate Message- Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Bill 2020 - Consideration of Senate Message - Consider immediately
Description
<p class="speaker">Tony Smith</p><p>The question is that the amendments be considered immediately.</p><p class="italic"> <i>Senate's amendments—</i></p>- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debates/?id=2020-10-19.30.2) to consider the Senate amendments immediately.
<p class="italic">(1) Page 45 (after line 31), after Schedule 4, insert:</p><p class="italic">Schedule 4A—Up -front payment discount</p><p class="italic"><i>Higher Education Support Act 2003</i></p><p class="italic">1 At the end of Subdivision 36 -D</p><p class="italic">Add:</p><p class="italic">36 -50 Provider must not accept up -front payments of more than 90% of student contribution amounts</p><p class="italic">A higher education provider must not accept, from a person who:</p><p class="italic">(a) is enrolled in a unit of study with the provider; and</p><p class="italic">(b) is entitled to *HECS-HELP assistance for the unit;</p><p class="italic">*up-front payments in relation to the unit totalling more than 90% of the person's *student contribution amount for the unit.</p><p class="italic">Note: For entitlement to HECS-HELP assistance: see Division 90.</p><p class="italic">2 Paragraph 90 -1(f)</p><p class="italic">Repeal the paragraph, substitute:</p><p class="italic">(f) the student either:</p><p class="italic">  (i) *meets the tax file number requirements (see section 187-1); or</p><p class="italic">  (ii) pays, as one or more *up-front payments in relation to the unit, 90% of the student's *student contribution amount for the unit; and</p><p class="italic">3 Subsection 93 -15(1)</p><p class="italic">Omit "all or".</p><p class="italic">4 At the end of section 93 -15</p><p class="italic">Add:</p><p class="italic">(3) A payment made in relation to a unit of study for which a person is liable to pay the person's *student contribution amount is not an <i>up</i><i>-front payment</i> in relation to the unit to the extent that:</p><p class="italic">(a) the payment; or</p><p class="italic">(b) if other such payments have already been made in relation to the unit—the sum of the payment and all of those other payments;</p><p class="italic">exceeds 90% of the person's *student contribution amount for the unit.</p><p class="italic">Note 1: For when the Commonwealth pays one-ninth of the up-front payments made in relation to a unit of study, see sections 96-2 and 96-3.</p><p class="italic">Note 2: It is a condition of grants under Part 2-2 that a higher education provider not accept, from a student who is entitled to HECS-HELP assistance for a unit of study, up-front payments in relation to the unit totalling more than 90% of a student's student contribution amount for the unit: see section 36-50.</p><p class="italic">5 Section 96 -1 (at the end of the heading)</p><p class="italic">Add "—no upfront payment of student contribution amount".</p><p class="italic">6 Section 96 -1</p><p class="italic">After "education provider", insert "and no *up-front payments are made in relation to the unit".</p><p class="italic">7 After section 96 -1</p><p class="italic">Insert:</p><p class="italic">96 -2 Payments to higher education providers—partial up -front payment of student contribution amount</p><p class="italic"> <i>Up</i> <i>-front payments made for one unit of study only</i></p><p class="italic">(1) If:</p><p class="italic">(a) a student is entitled to an amount of *HECS-HELP assistance for a unit of study (the <i>relevant unit</i>) in which the student is enrolled with a higher education provider; and</p><p class="italic">(b) one or more *up-front payments have been made in relation to the relevant unit; and</p><p class="italic">(c) both of the following apply:</p><p class="italic">  (i) the amount of that up-front payment, or the sum of those up-front payments, is less than 90% of the student's *student contribution amount for the relevant unit;</p><p class="italic">  (ii) the amount of that up-front payment, or the sum of those up-front payments, is $500 or more; and</p><p class="italic">(d) either:</p><p class="italic">  (i) the student is not enrolled with a provider as a *Commonwealth supported student in relation to any other units of study that have the same *census date as the relevant unit; or</p><p class="italic">  (ii) if the student is so enrolled in relation to one or more such other units of study, no up-front payments have been made for any of those units;</p><p class="italic">the Commonwealth must pay the amount of HECS-HELP assistance for the relevant unit in accordance with subsections (3) and (4).</p><p class="italic"> <i>Up</i> <i>-front payments made for more than one unit of study</i></p><p class="italic">(2) If:</p><p class="italic">(a) a student is entitled to an amount of *HECS-HELP assistance for a unit of study (the <i>relevant unit</i>) in which the student is enrolled with a higher education provider; and</p><p class="italic">(b) one or more *up-front payments have been made in relation to the relevant unit; and</p><p class="italic">(c) the student is enrolled with the provider as a *Commonwealth supported student in relation to one or more other units of study that have the same *census date as the relevant unit; and</p><p class="italic">(d) one or more up-front payments have been made in relation to one or more of those other units; and</p><p class="italic">(e) both of the following apply:</p><p class="italic">  (i) the sum of the up-front payments made in relation to the relevant unit and those other units is less than 90% of the sum of the student's *student contribution amounts for the relevant unit and those other units;</p><p class="italic">  (ii) the sum of the up-front payments made in relation to the relevant unit and those other units is $500 or more;</p><p class="italic">the Commonwealth must pay the amount of HECS-HELP assistance for the relevant unit in accordance with subsections (3) and (4).</p><p class="italic"> <i>Payment of loan amount</i></p><p class="italic">(3) The Commonwealth must:</p><p class="italic">(a) as a benefit to the student, lend to the student an amount equal to the difference between the amount of *HECS-HELP assistance for the relevant unit and the *HECS-HELP discount for the relevant unit; and</p><p class="italic">(b) pay to the provider the amount lent in discharge of that amount of the student's liability to pay the student's *student contribution amount for the relevant unit.</p><p class="italic"> <i>Payment of discount amount</i></p><p class="italic">(4) The Commonwealth must, as a benefit to the student, pay to the provider an amount equal to the *HECS-HELP discount for the relevant unit in discharge of that amount of the student's liability to pay the student's *student contribution amount for the relevant unit.</p><p class="italic"> <i>HECS</i> <i>-HELP discount</i></p><p class="italic">(5) The <i>HECS</i><i>-HELP discount</i> for a unit of study is an amount equal to one-ninth of the *up-front payment, or the sum of all of the up-front payments made, in relation to the unit.</p><p class="italic">Example: Robert is required to pay a student contribution amount for a unit of study of $2,745 by 31 January 2021, and makes an up-front payment in relation to the unit of $900 on 20 January 2021.</p><p class="italic">Robert is entitled to HECS-HELP assistance for the unit of $1,845 ($2,745 minus $900), which the Commonwealth must pay to the higher education provider.</p><p class="italic">The up-front payment in relation to the unit exceeded $500 so there is a HECS-HELP discount of $100 (one-ninth of $900). The Commonwealth lends to Robert the remainder of the HECS-HELP assistance in relation to the unit, an amount of $1,745 ($1,845 minus $100).</p><p class="italic">96 -3 Payments to higher education providers—full up -front payment of student contribution amount</p><p class="italic">If:</p><p class="italic">(a) a student is entitled to an amount of *HECS-HELP assistance for a unit of study in which the student is enrolled with a higher education provider; and</p><p class="italic">(b) one or more *up-front payments have been made in relation the unit; and</p><p class="italic">(c) the amount of that up-front payment, or the sum of those up-front payments, is equal to 90% of the student's *student contribution amount for the unit;</p><p class="italic">the Commonwealth must, as a benefit to the student, pay to the provider the amount of HECS-HELP assistance for the unit in discharge of that amount of the student's liability to pay the student's student contribution amount for the unit.</p><p class="italic">Note: The student does not incur a HECS-HELP debt in relation to the amount of HECS-HELP assistance paid by the Commonwealth to the provider under this section.</p><p class="italic">8 Subsection 137 -5(1)</p><p class="italic">After "section 96-1", insert "or 96-2".</p><p class="italic">9 Paragraph 193 -1(5 ) ( b)</p><p class="italic">Omit "for the unit have been made totalling 100%", substitute "in relation to the unit have been made totalling 90%".</p><p class="italic">10 Paragraph 193 -5(1 ) ( d)</p><p class="italic">After "to the unit,", insert "90% of".</p><p class="italic">11 Subclause 1(1) of Schedule 1</p><p class="italic">Insert:</p><p class="italic"><i>HECS</i> <i>-HELP discount</i> has the meaning given by subsection 96-2(5).</p><p class="italic">12 Application of amendments</p><p class="italic">The amendments made by this Schedule apply in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2021.</p>
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