Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003
106KASemester debts do not arise after 1 January 2005
Start here
Get a plain-English read of 106KA
Turn the raw legal text into a practical explanation grounded in Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003.
106KA Semester debts do not arise after 1 January 2005
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.
18 After subsection 106N(2)
Insert:
(2A) A person cannot incur an accumulated HEC debt on 1 June 2006 or on 1 June in any later year.
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.
19 Chapter 5C
Repeal the Chapter.
Part 4—The Australian National University
Australian National University Act 1991
20 Section 3 (definition of Chair of the Education Committee)
Repeal the definition.
21 Section 3 (definition of Chair of the Research Committee)
Repeal the definition.
22 Section 3 (definition of dean)
Repeal the definition, substitute:
dean means the head, by whatever name called, of any faculty.
23 Section 3 (paragraph (c) of the definition of ex officio member)
31 Section 3 (paragraph (c) of the definition of University body)
Repeal the paragraph.
32 Paragraph 7(1)(b)
Section 106KA - Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 - Semester debts do not arise after 1 January 2005 | Zoe
Repeal the paragraph, substitute:
(b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.
33 Subsection 7(2)
Omit “a school or other organisational structure”, substitute “an organisational structure”.
34 Paragraphs 10(1)(d) to (j)
Repeal the paragraphs.
35 Paragraphs 10(1)(o), (p) and (q)
Repeal the paragraphs, substitute:
(o) one postgraduate student of the University elected by the postgraduate students of the University;
(p) one undergraduate student of the University elected by the undergraduate students of the University;
(q) 6 members appointed by the Minister on the recommendation of the Nominations Committee of Council.
36 Subsections 10(2) to (4)
Repeal the subsections, substitute:
(2) The Nominations Committee of Council consists of:
(a) the Chancellor; and
(b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.
(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.
(4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.
(5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.
(6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:
(a) a current member of:
(i) the Commonwealth Parliament; or
(ii) a State Parliament; or
(iii) the legislature of a Territory; or
(b) a current member of the academic or general staff of the University; or
(c) a student of the university; or
(d) a member of the Nominations Committee of Council.
(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:
(a) appoint the person specified to the Council for a period not exceeding 4 years; or
(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.
(8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:
(a) notify the Council, in writing, of the refusal; and
(b) give reasons for the refusal.
(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.
(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.
37 Operation of Nominations Committee prior to commencement
If, 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:
(a) the Nominations Committee may make recommendations to the Minister for appointment of persons to the Council as if this item had commenced; and
(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.
38 Paragraphs 15(1)(e) and (f)
Repeal the paragraphs.
39 Paragraph 15(1)(g)
Omit “paragraph 10(1)(j), (k), (l), (m) or (n)”, substitute “paragraph 10(1)(k), (l), (m), (n), (o) or (p)”.
40 Paragraph 15(1)(h)
Repeal the paragraph.
41 After paragraph 15(1)(i)
Insert:
or (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or
(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
(l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;
42 Subsection 15(2)
Omit “paragraph (a), (b), (c), (d), (e), (o) or (p)”, substitute “paragraph (a), (b) or (c)”.
43 Paragraph 15(2)(c)
Omit “or”.
44 Paragraphs 15(2)(d) to (g)
Repeal the paragraphs.
45 Subsection 15(3)
Repeal the subsection.
46 At the end of section 16
Add:
(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.
47 Subsection 17(1)
Omit “The Council”, substitute “Subject to this section, the Council”.
48 At the end of section 17
Add:
(3) The Council must not delegate its power to:
(a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or
(b) approve the University’s annual budget or its business plan; or
(c) approve the annual report of the University; or
(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
(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).
49 Subsection 18(1)
Omit “The Council”, substitute “Subject to this section, the Council”.
50 At the end of section 18
Add:
(4) The Council must not delegate its power to:
(a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or
(b) approve the University’s annual budget or its business plan; or
(c) approve the annual report of the University; or
(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
(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).