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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1

2 Commencement 1

3 Schedule(s) 2

Schedule 1—Grants 3

Higher Education Support Act 2003 3

Schedule 2—Funding clusters 5

Higher Education Support Act 2003 5

Schedule 3—Adjustment of basic grant amounts 7

Higher Education Support Act 2003 7

Schedule 4—Other grants 8

Higher Education Support Act 2003 8

Schedule 5—Maximum student contribution amounts 9

Higher Education Support Act 2003 9

Schedule 6—OS-HELP debts 11

Higher Education Support Act 2003 11

Schedule 7—Indexation 12

Higher Education Support Act 2003 12

Endnotes 13

Endnote 1—About the endnotes 13

Endnote 2—Abbreviation key 15

Endnote 3—Legislation history 16

Endnote 4—Amendment history 17

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 Commencement information 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.
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:

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.

 1A

In subsection (1):

 4 Subsection 41-45(1) (table items 6 to 8)

Repeal the items, substitute:

 5 Section 46-40 (table items 7 to 9)

Repeal the items, substitute:

 Funding clusters

Higher Education Support Act 2003

 1 Section 30-15 (table)

Repeal the table, substitute:

 2 Section 33-10 (table)

Repeal the table, substitute:

 3 Transitional provision—indexation

Amounts in the table in Higher Education Support Act 2003, as amended by this Schedule, are not to be indexed on 1 January 2010.section 33-10 of the

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.

 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.

 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:

 Maximum student contribution amounts

Higher Education Support Act 2003

 1 Subsection 93-10(1) (table)

Repeal the table, substitute:

 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.

 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.

 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:

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

Endnote 3—Legislation history

Endnote 4—Amendment history

 2

(2) For the purpose of applying 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.section 198-10 to the amounts specified in item 2 of the table in section 198-5 for 2011, the

3

(3) For the purpose of applying index number for 2011 is taken to be 1.section 198-10 to the amounts specified in each item of the table in section 198-5 for 2012, the

4

(4) A notice in the Gazette specifying an index number is not a legislative instrument.