{"id":"C2004A01235","name":"Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003","slug":"higher-education-support-transitional-provisions-and-consequential-amendments-act-2003","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"150 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32788,"registerId":"commonwealth-C2004A01235-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

19 December 2003

2. Section 4

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003.

1 January 2004

3. Schedule 1

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003.

1 January 2004

4. Schedule 2, Parts 1 to 3

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003.

1 January 2004

5. Schedule 2, Part 4

The later of:

(a) 1 July 2004; and

(b) the 28th day after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003.

1 July 2004

6. Schedule 2, Part 5

The later of:

(a) 1 March 2004; and

(b) the 28th day after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003.

1 March 2004

7. Schedule 2, Part 6

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003.

1 January 2004

8. Schedule 2, items 95 to 103

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003.

1 January 2004

9. Schedule 2, item 104

18 September 2001

18 September 2001

10. Schedule 2, items 105 to 108

4 April 2002

4 April 2002

11. Schedule 2, item 109

18 September 2001

18 September 2001

12. Schedule 2, item 110

4 April 2002

4 April 2002

13. Schedule 2, item 111

18 September 2001

18 September 2001

14. Schedule 2, item 112

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003.

1 January 2004

15. Schedule 2, items 113 to 119A

The later of:

(a) 1 January 2005; and

(b) immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003.

1 January 2005

16. Schedule 2, items 120 to 169

The later of:

(a) 1 January 2004; and

(b) immediately after the commencement of sections 1‑10 to 238‑15 of the Higher Education Support Act 2003.

1 January 2004

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"#### 3 Schedule(s)\n\n Each Act 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.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Meanings of expressions defined in the Higher Education Support Act 2003","content":"#### 4 Meanings of expressions defined in the Higher Education Support Act 2003\n\n Expressions used in this Act that are defined in the Higher Education Support Act 2003 have in this Act, unless the contrary intention appears, the same meanings as in that Act.","sortOrder":3},{"sectionNumber":"110A","sectionType":"section","heading":"Transitional financial assistance","content":"#### 110A Transitional financial assistance\n\n (1) There is payable, to an institution to which financial assistance was payable under Chapter 2 in respect of the year 2004, such amount as the Minister determines in respect of a year referred to in subsection (2).\n (2) The total of the amounts that are payable under this section must not exceed:\n (a) for the year 2005—$21,536,000; and\n (b) for the year 2006—$9,411,000; and\n (c) for the year 2007—$7,393,000.","sortOrder":4},{"sectionNumber":"98NA","sectionType":"section","heading":"No financial assistance payable","content":"#### 98NA No financial assistance payable\n\n No financial assistance is payable under this Chapter to an institution referred to in section 4 after 31 December 2004.\n\n14 Before section 98ZA\n\nInsert:","sortOrder":5},{"sectionNumber":"98ZAA","sectionType":"section","heading":"Application of Division","content":"#### 98ZAA Application of Division\n\n This Division does not apply in relation to a BOTP course for a study period that ends after 31 December 2004.\n\n15 Section 98ZE\n\nAfter “each year”, insert “up to and including the year 2004”.\n\n16 Section 106FA\n\nAfter “each year”, insert “up to and including the year 2004”.\n\n17 After section 106K\n\nInsert:","sortOrder":6},{"sectionNumber":"106KA","sectionType":"section","heading":"Semester debts do not arise after 1 January 2005","content":"#### 106KA Semester debts do not arise after 1 January 2005\n\n Despite sections 106J to 106K, a person does not incur a semester debt if the census date, in respect of the course of study or study period in respect of which the debt would (apart from this section ) arise, occurs on or after 1 January 2005.\n\n18 After subsection 106N(2)\n\nInsert:\n\n (2A) A person cannot incur an accumulated HEC debt on 1 June 2006 or on 1 June in any later year.\n\n> Note: A person’s accumulated HELP debt, worked out under section 140‑25 of the Higher Education Support Act 2003, for the financial year starting on 1 July 2005 can include an amount for the person’s accumulated HEC debt incurred on 1 June 2005: see Part 3 of Schedule 1 to the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003.\n\n19 Chapter 5C\n\nRepeal the Chapter.\n\n \n\nPart 4—The Australian National University\n\nAustralian National University Act 1991\n\n20 Section 3 (definition of Chair of the Education Committee)\n\nRepeal the definition.\n\n21 Section 3 (definition of Chair of the Research Committee)\n\nRepeal the definition.\n\n22 Section 3 (definition of dean)\n\nRepeal the definition, substitute:\n\n> dean means the head, by whatever name called, of any faculty.\n\n23 Section 3 (paragraph (c) of the definition of ex officio member)\n\nOmit “Vice‑Chancellor; or”, substitute “Vice‑Chancellor.”.\n\n24 Section 3 (paragraphs (d) to (g) of the definition of ex officio member)\n\nRepeal the paragraphs.\n\n25 Section 3 (definition of Institute of the Arts)\n\nRepeal the definition.\n\n26 Section 3\n\nInsert:\n\n> Nominations Committee of Council means the persons referred to in subsection 10(2).\n\n27 Section 3 (definition of president of the postgraduate students’ association)\n\nRepeal the definition.\n\n28 Section 3 (definition of president of the undergraduate students’ association)\n\nRepeal the definition.\n\n29 Section 3 (definition of statutory Board)\n\nRepeal the definition.\n\n30 Section 3 (paragraph (b) of the definition of University body)\n\nOmit “Convocation; or”, substitute “Convocation.”.\n\n31 Section 3 (paragraph (c) of the definition of University body)\n\nRepeal the paragraph.\n\n32 Paragraph 7(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.\n\n33 Subsection 7(2)\n\nOmit “a school or other organisational structure”, substitute “an organisational structure”.\n\n34 Paragraphs 10(1)(d) to (j)\n\nRepeal the paragraphs.\n\n35 Paragraphs 10(1)(o), (p) and (q)\n\nRepeal the paragraphs, substitute:\n\n (o) one postgraduate student of the University elected by the postgraduate students of the University;\n (p) one undergraduate student of the University elected by the undergraduate students of the University;\n (q) 6 members appointed by the Minister on the recommendation of the Nominations Committee of Council.\n\n36 Subsections 10(2) to (4)\n\nRepeal the subsections, substitute:\n\n (2) The Nominations Committee of Council consists of:\n (a) the Chancellor; and\n (b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.\n (3) In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.\n (4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.\n (5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.\n (6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:\n (a) a current member of:\n (i) the Commonwealth Parliament; or\n (ii) a State Parliament; or\n (iii) the legislature of a Territory; or\n (b) a current member of the academic or general staff of the University; or\n (c) a student of the university; or\n (d) a member of the Nominations Committee of Council.\n (7) The Minister must, within 28 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:\n (a) appoint the person specified to the Council for a period not exceeding 4 years; or\n (b) decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.\n (8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:\n (a) notify the Council, in writing, of the refusal; and\n (b) give reasons for the refusal.\n (9) In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.\n (10) Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.\n\n37 Operation of Nominations Committee prior to commencement\n\nIf, because of section 4 of the Acts Interpretation Act 1901, persons are appointed to the Nominations Committee of the Council prior to the commencement of this item:\n\n (a) the Nominations Committee may make recommendations to the Minister for appointment of persons to the Council as if this item had commenced; and\n (b) despite subsection 4(2) of that Act, the appointment of persons to the Nominations Committee of the Council is taken to have taken effect before the making of any such recommendation.\n\n38 Paragraphs 15(1)(e) and (f)\n\nRepeal the paragraphs.\n\n39 Paragraph 15(1)(g)\n\nOmit “paragraph 10(1)(j), (k), (l), (m) or (n)”, substitute “paragraph 10(1)(k), (l), (m), (n), (o) or (p)”.\n\n40 Paragraph 15(1)(h)\n\nRepeal the paragraph.\n\n41 After paragraph 15(1)(i)\n\nInsert:\n\n or (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n (k) has, in the Council’s opinion, breached his or her duties under section 18A, 18B, 18C, 18D, 18E or 18F as a member of the Council; or\n (l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;\n\n42 Subsection 15(2)\n\nOmit “paragraph (a), (b), (c), (d), (e), (o) or (p)”, substitute “paragraph (a), (b) or (c)”.\n\n43 Paragraph 15(2)(c)\n\nOmit “or”.\n\n44 Paragraphs 15(2)(d) to (g)\n\nRepeal the paragraphs.\n\n45 Subsection 15(3)\n\nRepeal the subsection.\n\n46 At the end of section 16\n\nAdd:\n\n (3) Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.\n\n47 Subsection 17(1)\n\nOmit “The Council”, substitute “Subject to this section, the Council”.\n\n48 At the end of section 17\n\nAdd:\n\n (3) The Council must not delegate its power to:\n (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n (b) approve the University’s annual budget or its business plan; or\n (c) approve the annual report of the University; or\n (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or\n (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n49 Subsection 18(1)\n\nOmit “The Council”, substitute “Subject to this section, the Council”.\n\n50 At the end of section 18\n\nAdd:\n\n (4) The Council must not delegate its power to:\n (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n (b) approve the University’s annual budget or its business plan; or\n (c) approve the annual report of the University; or\n (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or\n (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n51 After section 18\n\nInsert:","sortOrder":7},{"sectionNumber":"18A","sectionType":"section","heading":"Member to act solely in interest of University","content":"#### 18A Member to act solely in interest of University\n\n A member of the Council must act solely in the interests of the University taken as a whole, having regard to its functions.","sortOrder":8},{"sectionNumber":"18B","sectionType":"section","heading":"Member to exercise care and diligence","content":"#### 18B Member to exercise care and diligence\n\n (1) A member of the Council must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n (a) were a member of the Council in the Council’s circumstances; and\n (b) occupied the office held by, and had the same responsibilities within the Council as, the member.\n (2) A member of the Council who makes a business judgment is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n (a) makes the judgment in good faith for a proper purpose; and\n (b) does not have a material personal interest in the subject matter of the judgment; and\n (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n (d) rationally believes that the judgment is in the best interests of the University.\n The member’s belief that the judgment is in the best interests of the University is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.","sortOrder":9},{"sectionNumber":"18C","sectionType":"section","heading":"Member to act in good faith","content":"#### 18C Member to act in good faith\n\n A member of the Council must exercise his or her powers and discharge his or her duties:\n (a) in good faith in the best interests of the University; and\n (b) for a proper purpose.","sortOrder":10},{"sectionNumber":"18D","sectionType":"section","heading":"Member not to use position improperly","content":"#### 18D Member not to use position improperly\n\n A member of the Council must not improperly use his or her position to:\n (a) gain an advantage for him or her or someone else; or\n (b) cause detriment to the University or to another person.","sortOrder":11},{"sectionNumber":"18E","sectionType":"section","heading":"Member not to use information improperly","content":"#### 18E Member not to use information improperly\n\n A member of the Council who obtains information because of his or her position must not improperly use the information to:\n (a) gain an advantage for himself or herself or someone else; or\n (b) cause detriment to the University or to another person.","sortOrder":12},{"sectionNumber":"18F","sectionType":"section","heading":"Material personal interest","content":"#### 18F Material personal interest\n\n (1) A member of the Council who has a material personal interest in a matter that relates to the affairs of the University must give the other members of the Council notice of the interest.\n (2) Subsection (1) does not apply if the member of the Council is not, because of subsection 27F(2) of the Commonwealth Authorities and Companies Act 1997, required to give such a notice under subsection 27F(1) of that Act.\n (3) A member of the Council who has an interest in a matter may give the other members of the Council standing notice of the nature and extent of the interest in the matter in accordance with section 27G of the Commonwealth Authorities and Companies Act 1997.\n (4) A member of the Council who has a material personal interest in a matter that is being considered at a meeting of the Council must not:\n (a) be present while the matter is being considered at the meeting; or\n (b) vote on the matter;\n except as allowed under section 27J of the Commonwealth Authorities and Companies Act 1997.","sortOrder":13},{"sectionNumber":"18G","sectionType":"section","heading":"Application of Commonwealth Authorities and Companies Act 1997","content":"#### 18G Application of Commonwealth Authorities and Companies Act 1997\n\n Nothing in sections 18A to 18F affects the application of the Commonwealth Authorities and Companies Act 1997 to members of the Council.\n\n52 Sections 20 to 29\n\nRepeal the sections.\n\n53 Paragraph 39(2)(d)\n\nOmit “, a statutory Board or a committee of the Council or such a Board”, substitute “or a committee of the Council”.\n\n54 Subsection 41(1)\n\nRepeal the subsection.\n\n55 Subsection 41(2)\n\nAfter “University”, insert “, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003,”.\n\n56 Section 43\n\nRepeal the section, substitute:","sortOrder":14},{"sectionNumber":"43","sectionType":"section","heading":"Application of fees and other money","content":"#### 43 Application of fees and other money\n\n The Council must apply the following solely for the purposes of the University:\n (a) all financial assistance paid to the University under the Higher Education Support Act 2003;\n (b) student contribution amounts within the meaning of the Higher Education Support Act 2003;\n (c) tuition fees within the meaning of the Higher Education Support Act 2003;\n (d) other money received by the University under this Act or otherwise.\n\n57 Subparagraph 50(2)(f)(iii)\n\nOmit “or of a statutory Board”.\n\n58 Subparagraph 50(2)(g)(iv)\n\nRepeal the subparagraph.\n\n59 Paragraph 50(2)(u)\n\nRepeal the paragraph, substitute:\n\n (u) the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;\n\n60 Paragraph 51(1)(b)\n\nOmit “not exceeding $200”.\n\n61 Subsections 52(1) and (2)\n\nRepeal the subsections, substitute:\n\n (1) When a Statute has been made by the Council:\n (a) it must be sealed with the seal of the University; and\n (b) the Council must cause the Statute to be notified in the Gazette; and\n (c) the Statute has the force of law from the day on which it is so notified.\n\nNote: The heading to section 52 is altered by omitting “approved by Governor‑General and”.\n\n62 Subsection 52(4)\n\nRepeal the subsection.\n\n63 Division 4 of Part 5\n\nRepeal the Division.\n\n \n\nPart 5—Australian Maritime College\n\nMaritime College Act 1978\n\n64 Section 4 (definition of ex officio member)\n\nOmit “, the Chairperson”.\n\n65 Section 4 (definition of non‑teaching staff member)\n\nRepeal the definition.\n\n66 Section 4 (definition of student member)\n\nRepeal the definition.\n\n67 Section 4 (definition of teaching staff member)\n\nRepeal the definition.\n\n68 Section 4 (definition of term of office)\n\nRepeal the definition.\n\n69 Paragraph 7(a)\n\nRepeal the paragraph, substitute:\n\n (a) to conduct an institution for the provision of such maritime and maritime‑related education and training (including logistics education and training) as the Council, with the Minister’s approval, determines, or as the Minister requires; and\n\n70 At the end of paragraphs 7(b) and (c)\n\nAdd “and”.\n\n71 Paragraph 7(d)\n\nRepeal the paragraph.\n\n72 Section 11\n\nRepeal the section, substitute:","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Constitution of the Council","content":"#### 11 Constitution of the Council\n\n (1) The Council is to consist of the following members:\n (a) the Principal;\n (b) the Chairperson of the Academic Board of the College;\n (c) up to 6 other members.\n (2) The Minister may appoint in writing the members referred to in paragraph (1)(c).\n (3) In making an appointment under subsection (2), the Minister must have regard to the advice of the Council.\n (4) In appointing members to the Council under paragraph (1)(c), the Minister must try to ensure that there is a balance of skills and expertise among members of the Council, in particular financial and commercial skills.\n (5) The Minister must not appoint to the Council:\n (a) a current member of:\n (i) the Commonwealth Parliament; or\n (ii) a State Parliament; or\n (iii) the legislature of a Territory; or\n (b) a member of the academic or general staff of the College; or\n (c) a student of the College.\n (6) If a person other than the Principal is for the time being performing the duties of the office of Principal, that person may attend meetings of the Council and, for the purposes of those meetings, is taken to be a member.\n\n73 Subsection 13(3)\n\nOmit “paragraph 11(1)(b) or (e)”, substitute “paragraph 11(1)(c)”.\n\n74 Subsection 13(4)\n\nAfter “Academic Board” (second occurring), insert “, unless the person is removed from the Council under section 17”.\n\n75 Subsections 13(5) to (8)\n\nRepeal the subsections.\n\n76 Paragraph 15(1)(a)\n\nOmit “person (whether a member or not)”, substitute “member”.\n\n77 Subsection 15(3)\n\nRepeal the subsection.\n\n78 Section 17\n\nRepeal the section, substitute:","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Removal from office","content":"#### 17 Removal from office\n\n (1) The Minister may remove a person from the Council on the ground of misbehaviour, physical or mental incapacity or a breach of his or her duties under the Commonwealth Authorities and Companies Act 1997.\n (2) The Minister must remove a member from the Council if:\n (a) the member becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n (b) the member has, in the Council’s opinion, breached his or her duties under section 22A, 22B, 22C, 22D, 22E or 22F as a member; or\n (c) the member is, in the Minister’s opinion, incapable of performing his or her duties.\n (3) In forming an opinion for the purposes of paragraph (2)(c), the Minister must have regard to the advice of the Council.\n\n79 Subsections 19(2) to (3)\n\nRepeal the subsections.\n\n80 Section 20\n\nRepeal the section.\n\n81 After section 22\n\nInsert:","sortOrder":17},{"sectionNumber":"22A","sectionType":"section","heading":"Member to act solely in interest of College","content":"#### 22A Member to act solely in interest of College\n\n A member must act solely in the interests of the College taken as a whole, having regard to its functions.","sortOrder":18},{"sectionNumber":"22B","sectionType":"section","heading":"Member to exercise care and diligence","content":"#### 22B Member to exercise care and diligence\n\n (1) A member must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n (a) were a member of the Council in the Council’s circumstances; and\n (b) occupied the office held by, and had the same responsibilities within the Council as, the member.\n (2) A member who makes a business judgment is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n (a) makes the judgment in good faith for a proper purpose; and\n (b) does not have a material personal interest in the subject matter of the judgment; and\n (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n (d) rationally believes that the judgment is in the best interests of the College.\n The member’s belief that the judgment is in the best interests of the College is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.","sortOrder":19},{"sectionNumber":"22C","sectionType":"section","heading":"Member to act in good faith","content":"#### 22C Member to act in good faith\n\n A member must exercise his or her powers and discharge his or her duties:\n (a) in good faith in the best interests of the College; and\n (b) for a proper purpose.","sortOrder":20},{"sectionNumber":"22D","sectionType":"section","heading":"Member not to use position improperly","content":"#### 22D Member not to use position improperly\n\n A member must not improperly use his or her position to:\n (a) gain an advantage for him or her or someone else; or\n (b) cause detriment to the College or to another person.","sortOrder":21},{"sectionNumber":"22E","sectionType":"section","heading":"Member not to use information improperly","content":"#### 22E Member not to use information improperly\n\n A member who obtains information because of his or her position must not improperly use the information to:\n (a) gain an advantage for himself or herself or someone else; or\n (b) cause detriment to the College or to another person.","sortOrder":22},{"sectionNumber":"22F","sectionType":"section","heading":"Material personal interest","content":"#### 22F Material personal interest\n\n (1) A member who has a material personal interest in a matter that relates to the affairs of the College must give the other members notice of the interest.\n (2) Subsection (1) does not apply if the member is not, because of subsection 27F(2) of the Commonwealth Authorities and Companies Act 1997, required to give such a notice under subsection 27F(1) of that Act.\n (3) A member who has an interest in a matter may give the other members standing notice of the nature and extent of the interest in the matter in accordance with section 27G of the Commonwealth Authorities and Companies Act 1997.\n (4) A member who has a material personal interest in a matter that is being considered at a meeting of the Council must not:\n (a) be present while the matter is being considered at the meeting; or\n (b) vote on the matter;\n except as allowed under section 27J of the Commonwealth Authorities and Companies Act 1997.","sortOrder":23},{"sectionNumber":"22G","sectionType":"section","heading":"Application of Commonwealth Authorities and Companies Act 1997","content":"#### 22G Application of Commonwealth Authorities and Companies Act 1997\n\n Nothing in sections 22A to 22F affects the application of the Commonwealth Authorities and Companies Act 1997 to members.\n\n82 Paragraphs 24(1)(d) to (e)\n\nRepeal the paragraphs.\n\n83 After paragraph 24(1)(j)\n\nInsert:\n\n (ja) the payment to the College of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003; and\n\n84 Subsection 26(2)\n\nOmit all the words from and including “first Principal” to and including “succeeding Principals”, substitute “Principal”.\n\n85 After subsection 26(2)\n\nInsert:\n\n (2A) In making an appointment under subsection (2), the Minister must have regard to the advice of the Council.\n\n86 Subsection 26(4)\n\nAfter “office”, insert “, unless he or she is removed from the Council under section 17,”.\n\n87 Subsection 26(6)\n\nRepeal the subsection, substitute:\n\n (6) Subject to this section, the Principal holds office on such terms and conditions as are determined by the Minister.\n\n88 Section 32\n\nRepeal the section, substitute:","sortOrder":24},{"sectionNumber":"32","sectionType":"section","heading":"Fees","content":"#### 32 Fees\n\n Fees that are payable to the College, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.","sortOrder":25},{"sectionNumber":"32A","sectionType":"section","heading":"Corporate plan","content":"#### 32A Corporate plan\n\n (1) The members must prepare a corporate plan at least once a year and give it to the Minister.\n (2) If the Minister asks the members to give the plan to the Minister by a specified day, the members must give the plan to the Minister by that day.\n (3) The plan must cover a period of at least 3 years.\n (4) The members must keep the Minister informed about:\n (a) significant changes to the plan; and\n (b) matters that arise that might significantly affect the achievement of the objectives of the plan.\n (5) The plan must include details of the following matters:\n (a) assumptions about the College’s operational environment;\n (b) the College’s strategic directions;\n (c) performance indicators for the College;\n (d) a review of the College’s performance against previous corporate plans;\n (e) analysis of risk factors affecting the College’s performance;\n (f) human resource strategies and industrial relations strategies.\n (6) The plan must also cover any other matters the Minister requires, which may include further details about the matters in subsection (5).\n (7) In preparing the plan, the members must take account of any notices the Minister gives to the Council under subsection (8).\n (8) The Minister may give a written notice to the Council concerning the Minister’s views about:\n (a) the appropriate strategic directions of the College; and\n (b) the manner in which the College should perform its non‑academic functions.","sortOrder":26},{"sectionNumber":"32B","sectionType":"section","heading":"Minister’s response to corporate plan","content":"#### 32B Minister’s response to corporate plan\n\n (1) The Minister must respond to a corporate plan within 60 days of being given the plan.\n (2) The Minister’s response may include a direction to the members to vary the plan.\n (3) A direction under subsection (2) must be in writing and must set out the Minister’s reasons for the direction.\n (4) If directing a variation of the corporate plan, the Minister must consider:\n (a) the objectives and policies of the Commonwealth; and\n (b) the objects of this Act; and\n (c) any other matters the Minister thinks appropriate.\n (5) If the Minister’s response includes a direction to vary the corporate plan, the members must prepare a revised plan and give it to the Minister within 28 days after being given the response.","sortOrder":27},{"sectionNumber":"32C","sectionType":"section","heading":"Performance indicators","content":"#### 32C Performance indicators\n\n When including details of the performance indicators for the College in the corporate plan, the members must consider:\n (a) the College’s financial viability and its financial viability in the future; and\n (b) the capacity of the College to:\n (i) provide to students places in courses of study; and\n (ii) to conduct research;\n at a level appropriate to a reputable higher education provider; and\n (c) the College’s capacity to comply with the Higher Education Support Act 2003; and\n (d) any other consideration that the members think appropriate affecting the performance of the College.\n\n89 Transitional provision\n\nA person who, immediately before the commencement of this Part, had been appointed under section 26 of the Maritime College Act 1978 as Principal continues to hold office as Principal on and after the commencement of this Part for the balance of the term of his or her appointment.\n\n \n\nPart 6—Marcus Oldham College\n\nHigher Education Funding Act 1988\n\n90 Subsection 4(1) (Table B)\n\nOmit “Marcus Oldham College”.\n\n91 Paragraph 18(2)(a)\n\nRepeal the paragraph.\n\n92 After section 20A\n\nInsert:","sortOrder":28},{"sectionNumber":"20B","sectionType":"section","heading":"Grant to Marcus Oldham College","content":"#### 20B Grant to Marcus Oldham College\n\n (1) There is payable to Marcus Oldham College, in respect of the year 2004, such amount as the Minister determines.\n (2) The amount payable under this section must not exceed $2,095,000.\n\n93 Paragraph 34(4)(a)\n\nOmit “other than Marcus Oldham College”.\n\n94 Subsection 98A(1) (paragraph (b) of the definition of appropriate officer)\n\nOmit “Marcus Oldham College or”.\n\n \n\nPart 7—Other amendments\n\nA New Tax System (Family Assistance) (Administration) Act 1999\n\n95 Subsection 3(1) (after subparagraph (c)(i) of the definition of income tax refund)\n\nInsert:\n\n (ia) section 154‑60 of the Higher Education Support Act 2003; or\n\nBankruptcy Act 1966\n\n96 Subsection 82(1) (note)\n\nRepeal the note.\n\n97 After subsection 82(3AA)\n\nInsert:\n\n (3AB) A debt incurred under Part 4‑1 of the Higher Education Support Act 2003 is not provable in bankruptcy.\n\nDisability Services Act 1986\n\n98 Subsection 22(1)\n\nOmit “subsection (1A)”, substitute “subsections (1A) and (1B)”.\n\n99 After subsection 22(1A)\n\nInsert:\n\n (1B) If:\n (a) a rehabilitation program provided for a pensioner or beneficiary includes a course of study with a higher education provider; and\n (b) the person owes one or more HELP debts to the Commonwealth in respect of undertaking the course of study;\n the pensioner’s or beneficiary’s HELP debts in respect of the course must not be borne by the Commonwealth unless the Higher Education Support Act 2003, or another Act, provides otherwise.\n\n100 Subsection 22(4)\n\nInsert:\n\n> HELP debt has the same meaning as in the Higher Education Support Act 2003.\n\n101 Subsection 22(4)\n\nInsert:\n\n> higher education provider has the same meaning as in the Higher Education Support Act 2003.\n\nEqual Opportunity for Women in the Workplace Act 1999\n\n102 Subsection 3(1) (definition of higher education institution)\n\nOmit “section 106ZL of the Higher Education Funding Act 1988”, substitute “Higher Education Support Act 2003”.\n\nFringe Benefits Tax Assessment Act 1986\n\n103 Section 135M\n\nAfter “Higher Education Funding Act 1988”, insert “or the Higher Education Support Act 2003”.\n\nHigher Education Funding Act 1988\n\n104 Subsection 106L(1)\n\nAfter “HEC semester debt”, insert “or PELS semester debt”.\n\n105 Subsection 106L(2)\n\nAfter “person’s”, insert “BOTP study period debt or”.\n\n106 Paragraph 106L(2)(a)\n\nOmit “one or more of the units of study”, substitute “the BOTP course, or one or more of the units of study,”.\n\n107 Paragraph 106L(2)(c)\n\nOmit “a unit of study”, substitute “the BOTP course, or a unit of study,”.\n\n108 Subsection 106L(3B)\n\nOmit “or a unit of study”, substitute “or a BOTP course, or a unit of study,”.\n\n109 Subparagraphs 106L(3B)(a)(i) and (b)(i)\n\nOmit “an HEC semester debt”, substitute “a semester debt”.\n\n110 After paragraph 106L(3B)(b)\n\nInsert:\n\n (ba) if the person:\n (i) has incurred a BOTP semester debt for the BOTP course; and\n (ii) withdraws his or her enrolment for the course for the study period; and\n (iii) the institution at which the person was enrolled gives notice to the person that the withdrawal has taken effect;\n the day specified by the institution in the notice as the day the withdrawal takes effect; or\n (bb) if:\n (i) the person has incurred a BOTP semester debt; and\n (ii) paragraph (ba) does not apply to the person; and\n (iii) the person does not complete the BOTP course for which he or she was enrolled for the study period;\n the last day of the study period; or\n\n111 Paragraph 106M(1)(a)\n\nOmit “an HEC semester debt or OL study period debt”, substitute “a semester debt”.\n\n112 Actions by appropriate officers of institutions\n\nAny action by an appropriate officer of an institution before the commencement of this item that could have been done by the Secretary under section 106L or 106M of the Higher Education Funding Act 1988 is taken, after that commencement, to have been done as if, at the time it was done, the Secretary:\n\n (a) had the power under section 112 of that Act to delegate his or her powers under sections 106L and 106M of that Act to that appropriate officer; and\n (b) had so delegated those powers.\n\n113 Subsection 106PA(2)\n\nRepeal the subsection.\n\n114 Subsection 106PA(3)\n\nOmit “If the amount of the debt is $500 or more, the”, substitute “The”.\n\n115 Subsection 106PA(3) (formula)\n\nRepeal the formula, substitute:\n\n![](image.002.png)\n\n116 Subsection 106PA(4) (formula)\n\nRepeal the formula, substitute:\n\n![](image.003.png)\n\n117 Subsection 106PA(4) (example)\n\nOmit “$690” (wherever occurring), substitute “$660”.\n\n118 Subsection 106PA(4) (example)\n\nOmit “1.15”, substitute “1.1”.\n\n119 Subsection 106PA(4) (example)\n\nOmit “$1,010”, substitute “$1,040”.\n\n119A Subsection 106PA(5)\n\nOmit “(2),”.\n\n120 Paragraph 106Q(1)(b)\n\nOmit “the person had an accumulated HEC debt”, substitute:\n\n the person:\n (i) had an accumulated HEC debt; or\n (ii) if the 1 June occurs in the year 2006 or a later year—had an accumulated HELP debt;\n\n121 At the end of subparagraph 106Y(2)(e)(ii)\n\nAdd “; or”.\n\n122 At the end of subsection 106Y(2)\n\nAdd:\n\n ; (f) fourthly, in discharge or reduction of:\n (i) any HELP debt of the person; or\n (ii) if there is more than one such debt, those debts in the order in which they were incurred.\n\n123 At the end of section 106Y\n\nAdd:\n\n (3) In this section, HECS‑HELP debt, FEE‑HELP debt and OS‑HELP debt have the same meanings as in the Higher Education Support Act 2003.\n\n124 At the end of section 112\n\nAdd:\n\n (3) The Secretary may delegate to a review officer of an institution the Secretary’s powers under sections 106L and 106M so far as those powers relate to persons who are, or have been, enrolled with the institution.\n (4) In exercising powers under a delegation made under subsection (3), the delegate must comply with any directions of the Secretary.\n (5) In this subsection:\n\n> review officer, in relation to an institution, means a person, or a person included in a class of persons, appointed by, or by a delegate of, the chief executive officer of the institution to be an appropriate officer of the institution for the purposes of subsection (3).\n\nIncome Tax Assessment Act 1936\n\n125 After paragraph 24ABZE(2)(j)\n\nInsert:\n\n (ja) discharging a compulsory repayment amount (within the meaning of the Higher Education Support Act 2003);\n\n126 Subsection 51(6AA) (note)\n\nOmit “(HECS and student assistance)”, substitute “(Assistance to students)”.\n\n127 Subsection 51(6AA) (note)\n\nAfter “Higher Education Funding Act 1988,”, insert “the Higher Education Support Act 2003,”.\n\n128 Subsection 82A(2) (after paragraph (b) of the definition of expenses of self‑education)\n\nInsert:\n\n (ba) a student contribution amount within the meaning of the Higher Education Support Act 2003 paid to a higher education provider (within the meaning of that Act); or\n (bb) a payment made in respect of, or in respect of the reduction or discharge of, any indebtedness to the Commonwealth under Chapter 4 of that Act; or\n\n129 Subsection 163B(3) (paragraph (d) of the definition of Tax liabilities)\n\nAfter “HEC assessment debt”, insert “or compulsory repayment amount”.\n\n130 Subsection 163B(10)\n\nInsert:\n\n> compulsory repayment amount has the same meaning as in the Higher Education Support Act 2003.\n\n131 Section 202A (after paragraph (a) of the definition of tax file number)\n\nInsert:\n\n (aa) a number issued to a person under section 44 or 48 of the Higher Education Funding Act 1988; or\n\n132 After paragraph 202F(1)(f)\n\nInsert:\n\n (fa) a decision to give a notice under subsection 190‑15(1) of the Higher Education Support Act 2003;\n (fb) a decision to give a notice under subsection 190‑20(1) of the Higher Education Support Act 2003;\n\nIncome Tax Assessment Act 1997\n\n136 Section 3‑1 (table item 2)\n\nRepeal the item.\n\n137 Section 12‑5 (table item headed “Higher Education Contribution Scheme (HECS)”)\n\nRepeal the item, substitute:\n\n| higher education assistance | 26‑20 |\n| --------------------------- | ----- |\n\n138 Section 26‑20 (heading)\n\nRepeal the heading, substitute:","sortOrder":29},{"sectionNumber":"26‑20 Assistance to students","sectionType":"section","heading":"26‑20 Assistance to students","content":"#### 26‑20 Assistance to students\n\n139 After paragraph 26‑20(1)(c)\n\nInsert:\n\n (ca) a student contribution amount within the meaning of the Higher Education Support Act 2003 paid to a higher education provider (within the meaning of that Act); or\n (cb) a payment made to reduce a debt to the Commonwealth under Chapter 4 of that Act; or\n\n140 Subsection 30‑25(1) (table item 2.1.3, column 2)\n\nOmit “Employment, Education and Training Act 1988”, substitute “Higher Education Funding Act 1988”.\n\n141 Subsection 30‑25(1) (table item 2.1.6, column 2)\n\nOmit “Employment, Education and Training Act 1988”, substitute “Higher Education Funding Act 1988”.\n\n142 After paragraph 52‑140(3)(x)\n\nInsert:\n\n (xa) discharging a compulsory repayment amount (within the meaning of the Higher Education Support Act 2003);\n\n143 Section 995‑1\n\nInsert:\n\n> accumulated HELP debt has the meaning given by section 140‑25 of the Higher Education Support Act 2003.\n\nSocial Security Act 1991\n\n144A After paragraph 8(8)(zj)\n\nInsert:\n\n (zja) the amount or value of:\n (i) a scholarship known as a Commonwealth Education Costs Scholarship; or\n (ii) a scholarship known as a Commonwealth Accommodation Scholarship;\n provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2‑4 of the Higher Education Support Act 2003;\n\n145 At the end of section 23\n\nAdd:\n\n (20) For the purposes of this Act, a full‑time student load, for a course of study, is the study load represented by units of study, forming part of the course, that have a total EFTSL value of one EFTSL.\n (21) Expressions used in subsection (20) that are defined in the Higher Education Support Act 2003 have in that subsection, unless the contrary intention appears, the same meaning as in that Act.\n\n146 Paragraph 541B(2)(a)\n\nRepeal the paragraph, substitute:\n\n (a) if:\n (i) the course is a course of study within the meaning of the Higher Education Support Act 2003; and\n (ii) there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;\n the full‑time student load for the course; or\n\n147 Paragraph 541B(2)(b)\n\nOmit “designated”.\n\n148 Paragraph 569E(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) if:\n (i) the course is a course of study within the meaning of the Higher Education Support Act 2003; and\n (ii) there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;\n the full‑time student load for the course; or\n\n149 Paragraph 569E(1)(b)\n\nOmit “designated”.\n\n150 Paragraph 1061PF(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) if:\n (i) the course is a course of study within the meaning of the Higher Education Support Act 2003; and\n (ii) there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;\n the full‑time student load for the course; or\n\n151 Paragraph 1061PF(1)(b)\n\nOmit “designated”.\n\nTaxation Administration Act 1953\n\n152 Section 8AAZA\n\nInsert:\n\n> compulsory repayment amount has the same meaning as in the Higher Education Support Act 2003.\n\n153 After paragraph 8AAZLD(a)\n\nInsert:\n\n (aa) secondly, against any compulsory repayment amount of the entity; and\n\nNote: The heading to section 8AAZLD is altered by inserting “and compulsory repayment amounts” after “debts”.\n\n154 Section 6‑1 in Schedule 1\n\nAfter “(HECS)”, insert “, liability to repay debts under the Higher Education Loan Program (HELP)”.\n\n155 After paragraph 11‑1(c) in Schedule 1\n\nInsert:\n\n (ca) amounts of liabilities to the Commonwealth under Chapter 4 of the Higher Education Support Act 2003; and\n\n156 Paragraph 15‑30(c) in Schedule 1\n\nAfter “Higher Education Funding Act 1988”, insert “for any financial year ending before 1 July 2005”.\n\n157 After paragraph 15‑30(c) in Schedule 1\n\nInsert:\n\n (ca) the percentages specified in section 154‑20 (about repayments of accumulated HELP debt) of the Higher Education Support Act 2003 for any financial year starting on or after 1 July 2005;\n\n158 After paragraph 45‑5(1)(c) in Schedule 1\n\nInsert:\n\n (ca) amounts of liabilities to the Commonwealth under Chapter 4 of the Higher Education Support Act 2003; and\n\n159 Section 45‑340 in Schedule 1 (method statement, step 3)\n\nAfter “Higher Education Funding Act 1988”, insert “, or an \\*accumulated HELP debt under the Higher Education Support Act 2003,”.\n\n160 Section 45‑375 in Schedule 1 (method statement, step 3)\n\nAfter “Higher Education Funding Act 1988”, insert “, or an \\*accumulated HELP debt under the Higher Education Support Act 2003,”.\n\nTaxation (Interest on Overpayments and Early Payments) Act 1983\n\n161 Subsection 3(1)\n\nInsert:\n\n> compulsory repayment amount has the same meaning as in the Higher Education Support Act 2003.\n\n162 Subsection 3(1) (after subparagraph (a)(vii) of the definition of relevant tax)\n\nInsert:\n\n (viia) amounts that are treated under Subdivision 154‑D of the Higher Education Support Act 2003 as if they were income tax;\n\n163 After subparagraph 8A(1)(a)(ii)\n\nInsert:\n\n (iia) compulsory repayment amount; or\n\n164 After paragraph 8A(2)(b)\n\nInsert:\n\n (ba) compulsory repayment amount; or\n\n165 Subparagraph 8E(1)(d)(iii)\n\nAfter “HEC assessment debt”, insert “or compulsory repayment amount”.\n\n166 Subparagraph 8E(2)(d)(iii)\n\nAfter “HEC assessment debt”, insert “or compulsory repayment amount”.\n\n167 After sub‑subparagraph 12A(1)(a)(iv)(B)\n\nInsert:\n\n (BA) compulsory repayment amount; or\n\n168 After paragraph 12A(2)(b)\n\nInsert:\n\n (ba) compulsory repayment amount; or\n\nVeterans’ Entitlements Act 1986\n\n169 After paragraph 5H(8)(ha)\n\nInsert:\n\n (hb) the amount or value of:\n (i) a scholarship known as a Commonwealth Education Costs Scholarship; or\n (ii) a scholarship known as a Commonwealth Accommodation Scholarship;\n provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2‑4 of the Higher Education Support Act 2003;","sortOrder":30}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: transitional provisions and consequential amendments for the Higher Education Support Act 2003. While it touches many areas (tax, social security, university governance), this breadth is inherent to its function as a 'bridge' legislation between the old HECS and new HELP systems. The governance changes to ANU and Maritime College, while substantial, are consequential to the funding system changes rather than scope creep."},"complexity_factors":["Extensive cross-referencing: The Act amends at least 12 separate Acts (Higher Education Funding Act 1988, Australian National University Act 1991, Maritime College Act 1978, Income Tax Assessment Acts, Social Security Act, etc.)","Complex commencement table: 16 different commencement dates ranging from 18 September 2001 (retrospective) to 1 January 2005, with multiple 'later of' conditional triggers dependent on the Higher Education Support Act 2003","Nested transitional provisions: Specific rules for when HECS debts stop (31 December 2004) and HELP debts begin, with special calculations for accumulated debt transfers","Governance overhaul: Detailed replacement of council membership rules for ANU (removing 7 ex officio positions, adding nomination committee process) and Maritime College","Director-style duties: Introduction of statutory duties (care and diligence, good faith, conflicts of interest) for university council members modelled on Corporations Act directors' duties","Defined term dependencies: Heavy reliance on terms defined in the Higher Education Support Act 2003 (e.g., 'student contribution amounts', 'tuition fees', 'HELP debt')","Monetary caps: Specific dollar limits on transitional assistance ($21.5m for 2005, $9.4m for 2006, etc.) requiring tracking across financial years"],"plain_english_summary":"This Act is a 'clean-up' law that helps Australia switch from its old university funding system (HECS) to a new one (HELP) that started in 2004.\n\n**What it does:**\n- **Closes down the old HECS system**: It stops new HECS debts from being created after 2004 and sets up rules for how existing HECS debts transfer into the new HELP system.\n- **Changes governance of universities**: It significantly reforms how the Australian National University (ANU) and Australian Maritime College are run—shrinking their governing councils, adding new duties for council members (similar to company directors), and giving the Minister more oversight.\n- **Updates dozens of other laws**: It amends tax law, social security law, bankruptcy law, and veterans' entitlements law to recognise the new HELP debts and scholarships, ensuring the whole government system works with the new university funding scheme.\n- **Provides transitional money**: It authorises specific payments to help universities adjust to the new system in 2004–2007.\n\n**Who it affects:**\n- University students (old HECS debts transfer to new HELP system)\n- ANU and Australian Maritime College staff and students (new governance structure)\n- Taxpayers (new repayment thresholds and mechanisms)\n- Government agencies that administer student payments and debts\n\n**Why it matters:**\nWithout this Act, the switch from HECS to HELP would have created legal chaos—students wouldn't know which repayment rules applied, universities wouldn't know their funding status, and tax and social security systems wouldn't recognise the new debts. This Act acts as the 'bridge' ensuring a smooth transition."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's title suggests it is purely a transitional and consequential amendments vehicle for the Higher Education Support Act 2003. While it does perform that function, it also contains substantial standalone policy changes — most notably the comprehensive governance restructuring of the Australian National University and the Australian Maritime College, including the introduction of corporate director-style duties for council members. These governance reforms go well beyond mere consequential amendments and represent significant standalone policy changes not obviously implied by the companion Act's title."},"complexity_factors":["Amends over a dozen separate Acts across tax, social security, bankruptcy, education, and veterans' entitlements law simultaneously","Contains multiple different commencement dates for different provisions, some retrospective back to 2001, creating a complex temporal patchwork","Transitional provisions require understanding both the old HECS regime and the new HELP regime to interpret correctly","Substantial governance restructuring of two separate institutions (ANU and AMC) with detailed director-duty provisions modelled on corporate law","Cross-references heavily to the Higher Education Support Act 2003 and the Commonwealth Authorities and Companies Act 1997, requiring knowledge of multiple statutes to understand any single provision","Contains retrospective provisions (e.g., item 104 backdated to 18 September 2001) which create legal complexity around past actions and rights","The debt cutoff and transitional financial assistance provisions involve layered conditions and capped amounts across multiple years","Primarily a technical drafting instrument with little plain-language guidance, requiring familiarity with legislative amendment conventions"],"plain_english_summary":"This companion Act implements the housekeeping needed to move Australia from the old HECS rules to the new HELP framework. It fixes cutoff dates for legacy HECS debts, adjusts tax, social security and bankruptcy treatment of student debts and scholarships, and provides transitional funding to institutions. It also modernises governance at ANU and the Australian Maritime College by imposing corporate-style duties and updated appointment rules. The changes affected past and transitioning students, universities, and entitlements administration."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act alters the scope of higher‑education financial and governance regimes compared with the prior statutory framework: it caps and phases transitional payments (s 110A), stops new semester debts from 1 Jan 2005 (s 106KA), prevents some HELP/HEC debts being provable in bankruptcy (Bankruptcy Act insertion (3AB)), repeals provisions (e.g. Chapter 5C) and inserts new governance, reporting and ministerial directions for named institutions (Parts 4–5). These changes narrow some student debt mechanisms while broadening administrative and ministerial oversight and cross‑statutory interactions."},"complexity_factors":["Extensive cross‑legislative amendments and consequential references to many Acts (tax, bankruptcy, social security, veterans, Corporations Act) requiring coordinated interpretation.","Phased and staggered commencements with multiple specific dates and \"later of\" conditions (see Commencement table).","Transitional financial caps and payments to institutions with precise annual limits (section 110A).","Changes to debt mechanics: semester debts cease (section 106KA), accumulated HEC/HELP treatment (insertion after 106N), and HELP debts excluded from bankruptcy (Bankruptcy Act insertion (3AB)).","Institution‑specific governance rewrites (ANU and Maritime College): new appointment processes, duties, disqualification/removal tests, delegation limits and corporate‑planning obligations (numerous inserts and substitutions in Parts 4 and 5).","New statutory duties and conflicts rules for council members mirroring corporate law (sections 18A–18G; 22A–22G), increasing compliance and potential liability exposure.","Amendments replace and relocate numerical formulas and repayment rules (e.g. replacement of formulas in subsection 106PA), requiring recalculation and administrative system changes.","Transitional and retrospective effect on actions taken before commencement (operation of Nominations Committee prior to commencement; actions by appropriate officers treated as delegated)."],"plain_english_summary":"This Act makes transitional and consequential changes to federal higher‑education law. Mechanically it sets capped transitional payments to certain institutions for 2005–2007, ends the creation of semester/HEC debts from 1 January 2005, prevents some HELP/HEC debts being provable in bankruptcy, and updates institutional governance, appointment and reporting rules for specified institutions. \n\nIt affects universities, their councils, students with HELP/HEC debts, the Minister and agency administrators. The Minister decides capped payments and appointments; students stop incurring new semester debts; institutions must change finance, compliance and reporting practices."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-support-transitional-provisions-and-consequential-amendments-act-2003","history":"/api/acts/higher-education-support-transitional-provisions-and-consequential-amendments-act-2003/history","analysis":"/api/acts/higher-education-support-transitional-provisions-and-consequential-amendments-act-2003/analysis","conflicts":"/api/acts/higher-education-support-transitional-provisions-and-consequential-amendments-act-2003/conflicts","importantCases":"/api/acts/higher-education-support-transitional-provisions-and-consequential-amendments-act-2003/important-cases","documents":"/api/acts/higher-education-support-transitional-provisions-and-consequential-amendments-act-2003/documents"}}