EXPLANATORY STATEMENT
Guidelines made under section 238-10 of the Higher Education Support Act 2003.
Issued by the authority of the Minister for Education, Science and Training
Subject: Higher Education Support Act 2003
Amendment number 6 to the Other Grants Guidelines
Authority
Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister
may make guidelines for the purposes of the Act. In particular, section 238-10 specifies that
the Minister may make Other Grants Guidelines to give effect to matters set out in Part 2-3
of the Act.
Purpose and Effect
The purpose of this amendment is to list the Australian Vice-Chancellor’s Committee (AVCC)
as a body corporate eligible for grants under section 41-10 of the Act.
Item 1 adds the AVCC to the list of bodies corporate that are eligible for grants under item 11(a)
of the table in subsection 41-10(1) of the Act.
Item 2 adds the AVCC to the list of bodies in paragraph 11.1.5 of the guidelines for which
the Minister will determine conditions of grants.
Item 3 adds the AVCC to the list of programmes under which grants may be paid in accordance
with section 41-15 of the Act.
Consultation
The AVCC was consulted regarding this amendment. Wider consultation was not required for
these amendments as the amendments do not affect any body other than the AVCC, and will
not have a direct, or substantial indirect, effect on business, nor will the amendments restrict competition.
Commencement
The amendment to the guidelines will commence the day after registration on the Federal
Register of Legislative Instruments.
Overview
The Higher Education Support Act 2003 was enacted to provide a framework for the administration of higher education support schemes in Australia, including financial assistance and other forms of support to higher education providers and students. The Act was introduced to address the need for a coordinated and efficient system to support higher education in the country, ensuring access and quality in the sector. The explanatory statement for Amendment number 6 to the Other Grants Guidelines, issued by the Minister for Education, Science and Training, specifies that the amendments were made to include the Australian Vice-Chancellor’s Committee (AVCC) as an eligible body corporate for grants under the Act. This change aims to facilitate the provision of grants to the AVCC, recognising its role in higher education coordination and policy development. The amendments, which do not require wider consultation due to their limited scope and impact, will come into effect the day after their registration on the Federal Register of Legislative Instruments.
Scope and Application
The Higher Education Support Act 2003 Amendment number 6 to the Other Grants Guidelines, issued under section 238-10, pertains to the Australian Vice-Chancellor’s Committee (AVCC) and its eligibility for grants. This amendment explicitly includes the AVCC in the list of bodies corporate that are eligible for grants as per section 41-10 of the Act. Additionally, the AVCC is now recognised in the guidelines for determining conditions of grants under paragraph 11.1.5 and is included in the list of programmes under which grants may be paid as per section 41-15. The amendment was made following consultation with the AVCC and does not extend to any other bodies or entities, nor does it have a direct or substantial indirect effect on business or restrict competition. The amendment will take effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main sections of this amendment to the Higher Education Support Act 2003, under the authority of section 238-10, include the listing of the Australian Vice-Chancellor’s Committee (AVCC) as a body corporate eligible for grants. Specifically, item 1 of the amendment adds the AVCC to the list of eligible bodies under section 41-10(1) of the Act. This inclusion means that the AVCC can now apply for and potentially receive grants under the Act. Item 2 further specifies that the Minister will determine the conditions under which grants are provided to the AVCC, in accordance with paragraph 11.1.5 of the guidelines. Finally, item 3 of the amendment incorporates the AVCC into the list of programmes under which grants may be paid, as outlined in section 41-15 of the Act. These provisions collectively ensure that the AVCC is recognised and eligible for the benefits of the Act.
The obligations and requirements imposed by these amendments on the AVCC include the need to meet the conditions set by the Minister for any grants received. Since the AVCC is now listed as an eligible body, it must adhere to the guidelines and conditions stipulated by the Minister. This includes complying with any reporting requirements or specific criteria that the Minister may impose to ensure the proper use of grant funds. Additionally, the AVCC must ensure that its activities align with the objectives of the grants as outlined in the Act. By becoming eligible for these grants, the AVCC also assumes the responsibility of managing and utilising the funds in accordance with the terms set forth by the Minister.
In terms of consequences for breach, the Act does not explicitly detail specific offences, penalties, or consequences within the provided text. However, it is implicit that failure to comply with the conditions set by the Minister for the grants could result in sanctions. Such sanctions may include the suspension or termination of grants, legal action, or other administrative measures to enforce compliance. While the exact penalties are not specified in the provided text, it is reasonable to infer that non-compliance could lead to significant repercussions for the AVCC, given the regulatory nature of the Higher Education Support Act 2003.