House of Representatives

Higher Education Legislation Amendment (2007 Measures No. 1) Bill 2007

Explanatory Memorandum

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

Schedule 2 - Overseas study requirements for OS-HELP assistance

Higher Education Support Act 2003

Item 1 - After paragraph 118-1(1)(h)

Section 118-1 deals with entitlement to OS-HELP assistance for periods of study with overseas higher education institutions.

Item 1 amends section 118-1 by inserting proposed new paragraph 118-1(1)(ha) which is an additional eligibility requirement before a student is entitled to OS-HELP assistance in relation to a period of 6 months.

The proposed new paragraph requires the student to apply to the home provider for receipt of OS-HELP assistance in relation to the period.

Item 2 - Subsection 118-1(2)

Subsection 118-1(2) deals with when a student is not entitled to OS-HELP assistance. Item 2 deletes and replaces the subsection with new subsections 118-1(2) and (3), which clarify when a student is not entitled to OS-HELP assistance.

Proposed subsection 118-1(2) provides that the student is not entitled to OS-HELP assistance in relation to that period if:

another higher education provider has granted OS-HELP assistance to the student in relation to:

that period; or
a period that overlaps with that period; or

the student applies to the home provider for the assistance after the student has completed the study in relation to the period.

Proposed subsection 118-1(3) clarifies that the student may be outside Australia when the student applies to the home provider for receipt of OS-HELP assistance.

The purpose of this amendment is to clarify that a student is eligible for OS-HELP if the student is already overseas when applying but is not eligible for OS-HELP assistance if the student has completed the overseas study, regardless of whether the student is still overseas or has returned to Australia.

Items 3 and 4 - Subparagraph 118-10(a)(iii) and after paragraph 118-10(a)

Section 118-10 specifies the overseas study requirements for OS-HELP assistance.

Item 3 deletes subparagraph 118-10(a)(iii). Item 4 inserts the words deleted by item 3 after paragraph 118-10(a). This has the effect of creating a third condition for overseas study. The requirements are that:

the student is enrolled in full-time study with an overseas higher education provider and will be outside Australia while undertaking the study;
the study commences on or after 1 January 2005; and
the study outside Australia will count towards the course requirements of the course of study in which the student is enrolled with the home provider.

Item 5 - Paragraph 118-10(c)

Item 5 is a technical amendment which deletes the word "student's" from paragraph 118-10(c).


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