Commonwealth: Higher Education Support Amendment (2009 Budget Measures) Act 2009 (Cth)

Higher Education Support Amendment (2009 Budget Measures) Act 2009 No. 86, 2009 Compilation No. 1 Compilation date: 1 January 2021 Includes amendments up to: Act No. 93, 2020 Registered: 10 February 2021 About this compilation This compilation This is a compilation of the Higher Education Support Amendment (2009 Budget Measures) Act 2009 that shows the text of the law as amended and in force on 1 January 2021 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Grants Higher Education Support Act 2003 Schedule 2—Funding clusters Higher Education Support Act 2003 Schedule 3—Adjustment of basic grant amounts Higher Education Support Act 2003 Schedule 4—Other grants Higher Education Support Act 2003 Schedule 5—Maximum student contribution amounts Higher Education Support Act 2003 Schedule 6—OS‑HELP debts Higher Education Support Act 2003 Schedule 7—Indexation Higher Education Support Act 2003 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to amend the law in relation to higher education and research funding, and for related purposes 1 Short title This Act may be cited as the Higher Education Support Amendment (2009 Budget Measures) Act 2009. 2 Commencement (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 Provision(s) Commencement Date/Details 1. 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. 18 September 2009 2. Schedule 1 The day on which this Act receives the Royal Assent. 18 September 2009 3. Schedule 2 1 January 2010. 1 January 2010 4. Schedule 3 The day on which this Act receives the Royal Assent. 18 September 2009 5. Schedule 4, item 1 1 January 2010. 1 January 2010 6. Schedule 4, item 2 The day on which this Act receives the Royal Assent. 18 September 2009 7. Schedule 5 1 January 2010. 1 January 2010 8. Schedules 6 and 7 The day on which this Act receives the Royal Assent. 18 September 2009 Note: This table relates only to the provisions of this Act as originally passed by both Houses of 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. 3 Schedule(s) 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. Schedule 1—Grants Higher Education Support Act 2003 1 Paragraphs 30‑5(1)(f) to (h) Repeal the paragraphs, substitute: (f) for the year 2010—$4,467,881,000; or (g) for the year 2011—$4,695,755,000. 2 At the end of subsection 33‑1(1) Add: ; and (c) if applicable, and if the year is 2011 or a later year—adding the performance funding grant amount for the provider for that year. 3 After subsection 33‑1(1) Insert: (1A) In subsection (1): performance funding grant amount for a higher education provider for a year is the amount (if any) worked out under the Commonwealth Grant Scheme Guidelines. 4 Subsection 41‑45(1) (table items 6 to 8) Repeal the items, substitute: 6 2010 $1,887,252,000 7 2011 $2,027,324,000 8 2012 $1,996,679,000 9 2013 $2,067,383,000 5 Section 46‑40 (table items 7 to 9) Repeal the items, substitute: 7 2010 $301,136,000 8 2011 $315,711,000 9 2012 $303,844,000 10 2013 $275,133,000 Schedule 2—Funding clusters Higher Education Support Act 2003 1 Section 30‑15 (table) Repeal the table, substitute: Funding clusters Law, Accounting, Administration, Economics, Commerce Humanities Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health Education Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts Nursing Engineering, Science, Surveying Dentistry, Medicine, Veterinary Science, Agriculture 2 Section 33‑10 (table) Repeal the table, substitute: Commonwealth contribution amount Item Funding cluster Commonwealth contribution amount 1 Law, Accounting, Administration, Economics, Commerce $1,765 2 Humanities $4,901 3 Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health $8,670 4 Education $9,020 5 Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts $10,662 6 Nursing $11,903 7 Engineering, Science, Surveying $15,156 8 Dentistry, Medicine, Veterinary Science, Agriculture $19,235 3 Transitional provision—indexation Amounts in the table in section 33‑10 of the Higher Education Support Act 2003, as amended by this Schedule, are not to be indexed on 1 January 2010. 4 Transitional provision For the purposes of working out if and how a higher education provider's basic grant amount for the year 2010 or an earlier year is to be adjusted under Subdivision 33‑C of the Higher Education Support Act 2003, disregard the amendments made by this Schedule. Schedule 3—Adjustment of basic grant amounts Higher Education Support Act 2003 1 Paragraph 33‑25(7)(b) Omit "5%", substitute "10%". 2 Application The amendment made by this Schedule applies to adjustments of basic grant amounts for 2011 and later years. Schedule 4—Other grants Higher Education Support Act 2003 1 Subsection 41‑10(1) (table items 3 and 8A) Repeal the items. 2 Subsection 41‑10(1) (after table item 9A) Insert: 9B Grants to support structural adjustment *Table A providers and *Table B providers that are universities Schedule 5—Maximum student contribution amounts Higher Education Support Act 2003 1 Subsection 93‑10(1) (table) Repeal the table, substitute: Maximum student contribution amounts for places Item Column 1 Column 2 For a place in a unit in this funding cluster: The maximum student contribution is: 1 Law, Accounting, Administration, Economics, Commerce $8,859 2 Humanities $5,310 3 Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment, Other Health (a) for a place in a unit in Computing, Built Environment or Other Health—$7,567; or (b) for a place in a unit in Behavioural Science or Social Studies—$5,310; or (c) for a place in a unit in Mathematics or Statistics—$4,249. 4 Education $5,310 5 Clinical Psychology, Allied Health, Foreign Languages, Visual and Performing Arts (a) for a place in a unit in Clinical Psychology, Foreign Languages or Visual and Performing Arts—$5,310; or (b) for a place in a unit in Allied Health—$7,567. 6 Nursing $5,310 7 Engineering, Science, Surveying (a) for a place in a unit in Engineering or Surveying—$7,567; or (b) for a place in a unit in Science—$4,249. 8 Dentistry, Medicine, Veterinary Science, Agriculture (a) for a place in a unit in Dentistry, Medicine or Veterinary Science—$8,859; or (b) for a place in a unit in Agriculture—$7,567. 2 Transitional provision—indexation Amounts in the table in subsection 93‑10(1) of the Higher Education Support Act 2003, as amended by this Schedule, are not to be indexed on 1 January 2010. Schedule 6—OS‑HELP debts Higher Education Support Act 2003 1 Subsection 137‑15(2) Repeal the subsection, substitute: (2) The amount of the *OS‑HELP debt is an amount equal to the amount of the loan. 2 Application The amendment made by this Schedule applies in relation to OS‑HELP debts incurred on or after 1 January 2010. Schedule 7—Indexation Higher Education Support Act 2003 1 Section 198‑20 Omit "The", substitute "(1) Subject to subsections (2) and (3), the". 2 At the end of section 198‑20 Add: (2) For the purpose of applying section 198‑10 to the amounts specified in item 2 of the table in section 198‑5 for 2011, the index number is the Higher Education Student Contribution Amounts Index number for that year published by the Minister in the Gazette. Publication may occur at any time, including any time before the start of the year. (3) For the purpose of applying section 198‑10 to the amounts specified in each item of the table in section 198‑5 for 2012, the index number for 2011 is taken to be 1. (4) A notice in the Gazette specifying an index number is not a legislative instrument. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Higher Education Support Amendment (2009 Budget Measures) Act 2009 86, 2009 18 Sept 2009 Sch 2, Sch 4 (item 1) and Sch 5: 1 Jan 2010 (s 2(1) items 3, 5, 7) Remainder: 18 Sept 2009 (s 2(1) items 1, 2, 4, 6, 8) Higher Education Support Amendment (Job‑Ready Graduates and Supporting Regional and Remote Students) Act 2020 93, 2020 27 Oct 2020 Sch 2 (item 11): 1 Jan 2021 (s 2(1) item 4) — Endnote 4—Amendment history Provision affected How affected Schedule 5 item 3................... rep No 93, 2020