Bills Digest No. 35 2004-05
Legislation Amendment Bill
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Contact Officer & Copyright Details
Higher Education Legislation
Amendment Bill (No.2) 2004
Date Introduced: 22 June 2004
House: House of Representatives
Portfolio: Education, Science and
Note: The Bill
was passed by Parliament on 24 June 2004 and received Royal Assent
13 July 2004 (Act No. 114 of 2004).
To amend a range
of legislation for a number of purposes associated with higher
education. In particular:
to adjust funding levels to reflect indexation increases and
to ensure that Open Learning Australia (OLA) is subject to the
necessary quality and accountability provisions in the Higher
Education Support Act 2003 so that the FEE-HELP(2)
scheme can be appropriately administered for OLA students;
to enable the Australian National University to comply with the
national governance protocols.(3)
Higher education institutions currently receive assistance from
the Commonwealth under the provisions of the Higher Education
Funding Act 1988 (HEFA). From 2005 onwards this assistance
will be provided predominantly through the Higher Education
Support Act 2003 (HESA), which implemented the new higher
education funding arrangements announced by the Government in the
policy statement, Backing Australia s
The Bill amends the HEFA to adjust 2004 operating grants to
reflect over enrolment estimates and to index transitional funds
for 2005, 2006 and 2007. The changes result in an increase in the
overall appropriation of $16.037 million.
The Bill amends the HESA to adjust grants for indexation
increases, to reflect a number of policy developments (which are
listed in the Explanatory Memorandum), and to insert base
funding levels for 2008. These changes will increase the
appropriation for 2005 to 2007 by $398.9 million, and will provide
$5.261 billion for 2008.
Schedule 1 contains the amendments to the HEFA.
Schedule 2 contains the amendments to the HESA.
Schedule 4 amends the Australian National
University Act 1991.
As this Bill received its Third Reading in the Senate on 24 June
2004, this Digest has been produced in an abbreviated form.
The FEE-HELP scheme provides loans for tuition fees.
Commonwealth grants for higher education institutions are
conditional on those institutions meeting the national governance
protocols, which are requirements relating to their governing
The policy statement and related documents can be consulted at
26 August 2004
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© Commonwealth of Australia 2004
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Published by the Parliamentary Library, 2004.
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