Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

by leave—I move government amendments (1) and (2) on sheet PF120 together:

That the House of Representatives be requested to make the following amendments:

(1) Clause 2, page 2 (table), omit the table, substitute:

(2) Page 40 (after line 13), at the end of the Bill, add:

Schedule 4 — HELP assistance for New Zealand citizens who are permanent residents

Higher Education Support Act 2003

1 Paragraph 90-5(2A)(b)

Repeal the paragraph, substitute:

(b) either:

(i) holds a special category visa under the Migration Act 1958; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958; and

2 Paragraph 104-5(2A)(b)

Repeal the paragraph, substitute:

(b) either:

(i) holds a special category visa under the Migration Act 1958; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958; and

3 Paragraph 118-5(2)(b)

Repeal the paragraph, substitute:

(b) either:

(i) holds a special category visa under the Migration Act 1958; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958; and

4 Paragraph 126-5(1A)(b)

Repeal the paragraph, substitute:

(b) on the day the fee is payable, either:

(i) holds a special category visa under the Migration Act 1958; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958; and

5 Paragraph 128B-30(3)(b)

Repeal the paragraph, substitute:

(b) either:

(i) holds a special category visa under the Migration Act 1958; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958; and

6 Application of amendments

(1) The amendment of section 90-5 of the Higher Education Support Act 2003 made by this Schedule applies in relation to determining entitlement to HECS-HELP assistance for units of study with a census date that is on or after the day this Schedule commences.

(2) The amendment of section 104-5 of the Higher Education Support Act 2003 made by this Schedule applies in relation to determining entitlement to FEE-HELP assistance for units of study with a census date that is on or after the day this Schedule commences.

(3) The amendment of section 118-5 of the Higher Education Support Act 2003 made by this Schedule applies in relation to applications for receipt of OS-HELP assistance that are made on or after the day this Schedule commences.

(4) The amendment of section 126-5 of the Higher Education Support Act 2003 made by this Schedule applies in relation to requests for Commonwealth assistance in relation to a student services and amenities fee that are made on or after the day this Schedule commences.

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Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendment (2)

The effect of this amendment is to expand the circumstances in which certain New Zealand citizens are eligible for assistance under the Higher Education Support Act 2003.

It is covered by section 53 because this expansion of eligibility will increase the amount of expenditure out of the Consolidated Revenue Fund under the standing appropriation in section 238-12 of the Higher Education Support Act 2003.

It is also covered by section 53 because the expansion of eligibility for assistance under the Higher Education Support Act 2003 has the effect of expanding eligibility for certain student payments under the Social Security Act 1991. This will increase the amount of expenditure out of the Consolidated Revenue Fund under the standing appropriation in section 242 of the Social Security (Administration) Act 1999.

Consequential amendments

The following amendment(s) are consequential on the amendments mentioned above:

Amendment (1).

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (2)

If the effect of the amendment is to increase the amount of expenditure under the standing appropriations in section 238-12 of the Higher Education Support Act 2003 and section 242 of the Social Security (Administration) Act 1999, then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

Amendment (1)

This amendment is consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.

I table a supplementary explanatory memorandum relating to the government requests for amendments to this bill. These amendments align the Higher Education Support Act with the government's pathway to Australian citizenship for New Zealand citizens. They fix a long-existing gap in the HELP system where New Zealand students miss out on HELP loans for a portion of their Australian citizenship pathway. They ensure that students who are already on the pathway are treated the same as those embarking on the government's new pathway. They permit them access to the HELP system. It's a matter of fairness. My understanding is that they have the opposition's support. It is a modest fix, but one which is very important to those it helps.