Amendment No.1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education)

Administered by Department of Education

Legislation au F2015L01234 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Amendment No.1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education)

 

Issued by the authority of the Minister for Education and Training

 

Subject:  Higher Education Support Act 2003

Amendment No.1 to List of Maximum Grant Amounts under Division 41 for 2015 (Education).

Authority

Subsection 41-50(1) of the Higher Education Support Act 2003 (the Act) provides that before the start of a year, the Minister must, by legislative instrument, cause a list to be prepared setting out the maximum amounts of all grants which may be paid in the following year for each purpose of grant specified in the table in section 41-10 of the Act. Subsection 41-50(2) of the Act provides that the Minister may, in writing, vary a list for a year at any time before the end of that year.

 

Amendment No.1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education) (the Amending List) amends the List of grants under Division 41 for 2015 (F2015L00052).

 

Purpose

The List of Grants under Division 41 for 2015 sets out:

  • each purpose of grant specified in the table in section 41-10 of the Act
  • the maximum amounts of all grants for each purpose of grant for the 2015 calendar year.

 

The purpose of the Amending List is to increase the maximum amount for Item 6 – Assist with the Cost of Higher Education Providers’ Superannuation Liabilities to reflect the additional funds required to meet emerging costs for New South Wales universities’ superannuation liabilities.

 

Consultation

Consultation was not undertaken due to the instrument being of a machinery nature that does not alter existing arrangements. 

 

Commencement

The Amending List is a Legislative Instrument under the Legislative Instruments Act 2003. The list takes effect the day after it is registered on the Federal Register of Legislative Instruments.

 

Amendment

The Amending List amends the List of grants under Division 41 for 2015 (F2015L00052).

 


 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Amendment No. 1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education)

 

This Legislative Instrument is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

Subsection 41-50(1) of the Higher Education Support Act 2003 (the Act) provides that before the start of a year, the Minister must, by legislative instrument, cause a list to be prepared setting out the maximum amounts of all grants which may be paid in the following year for each purpose of grant specified in the table in section 41-10 of the Act. Subsection 41-50(2) of the Act provides that the Minister may, in writing, vary a list for a year at any time before the end of that year.

 

The List of grants under Division 41 for 2015 (the List) sets out each purpose of grant specified in the table in section 41-10 of the Act as well as the maximum amounts of all grants for each purpose of grant for the 2015 calendar year. Amendment No.1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education) (the Instrument) amends the List to:

 

  • Increase the maximum amount for Item 6 – (Assist with the Cost of Higher Education Providers’ Superannuation Liabilities) to reflect the additional funds required to meet emerging costs for New South Wales universities’ superannuation liabilities.

 

Human Rights implications

 

Right to Education

 

The Instrument engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights.

The Instrument provides for an increase to the maximum amount which is payable by the Commonwealth in relation to item 6 of the table in section 41-10 of the Act which concerns grants to assist with the cost of higher education providers’ superannuation liabilities. To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument aims to improve the integrity of the higher education sector.

The Instrument also continues to support the payment of grants for the purposes specified in the table in section 41-10 of the Act. As the purpose of the grants include the promotion of equality of opportunity in higher education and the support of the training of research students (amongst other purposes) the Instrument engages and promotes the right to education.

The maximum payment amounts are capped having regard to reasonable, necessary and proportionate constraints on spending.

The Instrument is compatible with the right to education.

 

Conclusion

 

This Legislative Instrument is compatible with human rights.

 

 

The Hon Christopher Pyne MP, Minister for Education and Training

 

 

Overview

The Higher Education Support Act 2003, enacted by the Australian Parliament, aims to provide financial assistance for students and institutions in the higher education sector. It establishes a framework for grants to support the cost of higher education, including institutional funding, student financial assistance, and superannuation liabilities of higher education providers. The Act ensures that funds are distributed effectively and equitably to maintain the quality and accessibility of higher education. Amendment No.1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education), issued under the authority of the Minister for Education and Training, was introduced to address the emerging costs of superannuation liabilities for New South Wales universities. This amendment increases the maximum grant amount for assisting with these liabilities to ensure that the higher education sector can meet its financial obligations without compromising on educational quality or accessibility. The legislative instrument is designed to maintain the integrity and sustainability of the higher education system in Australia.

Scope and Application

The Higher Education Support Act 2003, as amended by Amendment No.1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education), applies to the purposes of grants specified in the Act, including the allocation of funds for higher education support. This legislation pertains to entities such as higher education providers and students within the higher education sector, particularly in relation to the financial assistance provided for these purposes. The Act's jurisdiction is at the Commonwealth level, meaning it applies nationally across Australia. The Act does not specify particular exclusions or thresholds in the Amending List itself, but it does provide for adjustments in the maximum amounts of grants to account for the specific needs of higher education providers, such as increased superannuation liabilities. The application of the Act can be further refined or extended through subordinate instruments, which may include regulations or further legislative amendments, though the current instrument focuses on adjusting the grant amounts for the specified purposes.

Key Provisions

The Higher Education Support Act 2003 (the Act) mandates the Minister for Education and Training to prepare a list of maximum grant amounts for each purpose of grant before the start of each year (subsection 41-50(1)). This list, set out in Division 41, specifies the maximum amounts for all grants for the forthcoming year (section 41-10). The Amending List, being Amendment No.1 to the List of Maximum Grant Amounts under Division 41 for 2015 (Education), modifies the original List to adjust the maximum amount for Item 6, which concerns assisting with the cost of higher education providers' superannuation liabilities. Specifically, it increases this amount to accommodate additional funds needed to meet the emerging costs for New South Wales universities' superannuation liabilities. Under the Act, the Minister's obligations include ensuring that the list of maximum grant amounts is prepared and, if necessary, varied in writing before the end of the relevant year (subsection 41-50(2)). The Amending List fulfils this obligation by adjusting the maximum amount for Item 6. This adjustment is crucial for maintaining the financial stability and integrity of the higher education sector, particularly in addressing the superannuation liabilities of higher education providers. Failure to comply with the provisions of the Act can lead to various consequences. While the Amending List itself does not specify particular offences, breaches of the Act's provisions related to grant amounts and purposes could result in legal actions, including civil penalties or administrative sanctions. The exact nature and severity of penalties depend on the specific breach and the relevant provisions of the Act. However, the overarching goal is to ensure that grants are disbursed within the legally prescribed limits and for the intended purposes, thereby upholding the integrity of the higher education funding system.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.