House of Representatives

Higher Education Support Amendment (2009 Budget Measures) Bill 2009

Explanatory Memorandum

(Circulated by authority of the Minister for Education the Honourable Julia Gillard MP)

Schedule 5-Maximum student contribution amounts

Higher Education Support Act 2003

Item 1 - Subsection 93-10(1) (table)

Repeals the table at subsection 93-10(1) and substitutes a new table. The table lists the maximum student contribution amount per place for a unit of study. In addition to specifying new maximum student contribution amounts, the new table provides a separate funding cluster for Education (to separate it from the funding cluster for Mathematics, Statistics, Behavioural Science, Social Studies, Computing, Built Environment and Other Health).

Item 2 - Transitional provision - indexation

Item 2 is a transitional provision which specifies that the amounts in the table in section subsection 93-10(1) of HESA, as amended by Item 1 of Schedule 5, are not to be indexed on 1 January 2010.

Item 3 - Saving provision - maximum student contribution amounts for old funding clusters

Item 3 is a savings provision. The effect of Item 3 is that the new maximum student contribution amounts in the table at subsection 93-10(1) (as inserted by Item 1 of this Schedule) will not apply to a person where the following apply:

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the person started their course of study with a higher education provider before 1 January 2010; and
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the person was a Commonwealth supported student in relation to a unit of study in that course; and
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any of the following apply to the person:

the person had not completed the course by 31 December 2009; or
in 2009 the person was undertaking an enabling course (as defined in the Dictionary at Schedule 1 of HESA); or
the person has completed the related course for an honours course of study and is undertaking the honours course of study; and

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the person is undertaking a unit of study that would have been in Education in the funding cluster of Mathematics, Statistics, Behavioural Science, Social Studies, Education, Computing, Built Environment, Other Health or the funding cluster of Nursing if the amendment made by this Schedule had not been made.

A person covered by the savings provision will be subject to the maximum student contribution amount for a unit of study that would have been in Education in the funding cluster of Mathematics, Statistics, Behavioural Science, Social Studies, Education, Computing, Built Environment, Other Health or the funding cluster of Nursing if the amendment made by this Schedule had not been made.


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