House of Representatives

Higher Education Legislation Amendment (2006 Budget and Other Measures) Bill 2006

Explanatory Memorandum

(Circulated by authority of the Minister for Education, Science and Training, the Honourable Julie Bishop MP)

Schedule 6-Winter schools

Higher Education Support Act 2003

Section 36-10 sets out rules on when a provider may or may not advise a person that they are a Commonwealth supported student. Subsections 36-10(7) to (10) set out the rules in relation to full fee summer schools.

Item 1 Paragraph 36-10(7)(a)

Amends paragraph 36-10(7)(a) to also apply the full fee summer schools rules to winter schools. The amendments will have the effect of providing that a higher education provider must not advise a person that he/she is a Commonwealth supported student in relation to a unit of study if the person undertakes the unit wholly during a summer school period (the current summer school period ) or a winter school period (the current winter school period ) and the provider has determined that subsection 36-10(7) applies to the unit.

The heading to subsection 36-10(7) is altered to reflect this change.

Items 2 and 3 Subsection 36-10(8)

Amend subsection 36-10(8) (which sets out rules about when a higher education provider may make a determination that subsection 36-10(7) applies to a unit of study) to reflect the extension of the full fee summer schools rules to winter schools.

Item 4 Subsection 36-10(9)

Subsection 36-10(9) currently requires a higher education provider to make a determination that subsection 36-10(7) applies to a unit of study before the start of the current summer school period. Item 4 replaces subsection 36-10(9) with a new subsection which has the effect of providing that the higher education provider must make such a determination:

·
before the start of the current summer school period, if the determination relates to a unit undertaken during a summer school period; or
·
before the start of the current winter school period, if the determination relates to a unit undertaken during a winter school period.

Item 5 Subsection 36-10(10)

Amends subsection 36-10(10) by inserting a new definition of winter school period which is defined as a period that starts on or after 1 June in a year and ends on or before 31 August in that year.


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