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

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Part 1—Higher education provider application fee 3

Higher Education Support Act 2003 3

Part 2—Higher education provider charge 4

Higher Education Support Act 2003 4

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

[Assented to 28 October 2019]

The Parliament of Australia enacts:
1 Short title

This Act is the Higher Education Support Amendment (Cost Recovery) Act 2019.
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
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Note: This table relates only to the provisions of this Act as originally enacted.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.

 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.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Higher Education Support Act 2003

 1 At the end of subsection 16-40(2)

Add:

; 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:

Higher Education Support Act 2003

 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.

 3 After section 19-65

Insert:

 19-66 Higher education provider charge 1

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

 a

*higher education provider charge;

 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

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

 a

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

 b

when higher education provider charge is due and payable;

 c

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

 d

penalties for late payment of higher education provider charge;

 e

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

 f

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

 g

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

 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)