Higher Education Funding Amendment Act 1989

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Higher Education Funding Amendment Act 1989

No. 80 of 1989

 

An Act to amend the Higher Education Funding Act 1988, and for related purposes

[Assented to 21 June 1989]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Higher Education Funding Amendment Act 1989.

(2) In this Act, Principal Act means the Higher Education Funding Act 19881.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.


Definitions

3. Section 3 of the Principal Act is amended by omitting the definitions of State and State Higher Education Minister and substituting the following definitions:

State includes the Australian Capital Territory and the Northern Territory;

State Higher Education Minister means:

(a) in relation to a State other than the Australian Capital Territory and the Northern Territory—the Minister of the Crown for that State who is responsible, or principally responsible, for the administration of matters relating to higher education in that State;

(b) in relation to the Australian Capital Territory—the Minister of that Territory who is responsible, or principally responsible, for the administration of matters relating to higher education in that Territory; and

(c) in relation to the Northern Territory—the Minister of that Territory who is responsible, or principally responsible, for the administration of matters relating to higher education in that Territory;.

Institutions

4. Section 4 of the Principal Act is amended by omitting the Table from subsection (1) and substituting the following Table:

NEW SOUTH WALES

Armidale College of Advanced Education

Avondale College

Catholic College of Education Sydney Ltd

Cumberland College of Health Sciences

Hawkesbury Agricultural College

Hunter Institute of Higher Education

Kuring-gai College of Advanced Education

Macarthur Institute of Higher Education

Mitchell College of Advanced Education

Nepean College of Advanced Education

New South Wales State Conservatorium of Music

Northern Rivers College of Advanced Education

Orange Agricultural College

Riverina-Murray Institute of Higher Education

Sydney College of Advanced Education

The Macquarie University

The New South Wales Institute of the Arts

The University of New South Wales


The University of Newcastle

The University of Western Sydney

The University of Wollongong

University of New England

University of Sydney

University of Technology, Sydney

VICTORIA

Ballarat College of Advanced Education

Bendigo College of Advanced Education

Chisholm Institute of Technology

Deakin University

Footscray Institute of Technology

Gippsland Institute of Advanced Education

Hawthorn Institute of Education

Institute of Catholic Education

La Trobe University

Marcus Oldham College of Farm Management

Monash University

Phillip Institute of Technology

Royal Melbourne Institute of Technology Ltd

Swinburne Limited

The Victorian College of the Arts

The Western Institute

The Wodonga Institute of Tertiary Education

University of Melbourne

Victoria College

Victorian College of Agriculture and Horticulture

Victorian College of Pharmacy Ltd

Warrnambool Institute of Advanced Education

QUEENSLAND

Brisbane College of Advanced Education

Capricornia Institute of Advanced Education

Darling Downs Institute of Advanced Education

Gold Coast College of Advanced Education

Griffith University

James Cook University of North Queensland

McAuley College

Queensland Agricultural College

Queensland Conservatorium of Music

Queensland University of Technology


The University of Queensland

WESTERN AUSTRALIA

Curtin University of Technology

Murdoch University

The University of Western Australia

Western Australian College of Advanced Education

SOUTH AUSTRALIA

Roseworthy Agricultural College

South Australian College of Advanced Education

South Australian Institute of Technology

The Flinders University of South Australia

The University of Adelaide

TASMANIA

Tasmanian State Institute of Technology

University of Tasmania

NORTHERN TERRITORY

Batchelor College

The Northern Territory University

AUSTRALIAN CAPITAL TERRITORY

Signadou College of Education.

References to the Australian Capital Territory and the Northern Territory

5. Section 10 of the Principal Act is amended by inserting the Australian Capital Territory or after this Act to (first occurring).

Maximum grants

6. Section 17 of the Principal Act is amended:

(a) by omitting from paragraph (a) $2,195,002,000 and substituting $2,213,382,000;

(b) by omitting from paragraph (b) $2,228,979,000 and substituting $2,240,750,000;

(c) by omitting from paragraph (c) $2,288,299,000 and substituting $2,280,659,000.

Grants for Aboriginal participation projects

7. Section 19 of the Principal Act is amended:

(a) by omitting from paragraph (4) (b) $12,769,000 and substituting $12,928,000;

(b) by omitting from paragraph (4) (c) $13,310,000 and substituting $13,476,000.


Grants for superannuation expenses

8. Section 20 of the Principal Act is amended:

(a) by omitting from paragraph (3) (a) $108,103,000 and substituting $108,829,000;

(b) by omitting from paragraph (3) (b) $116,652,000 and substituting $118,106,000;

(c) by omitting from paragraph (3) (c) $125,633,000 and substituting $127,199,000.

Grants for projects of national priority

9. Section 21 of the Principal Act is amended:

(a) by omitting from paragraph (3) (a) $26,209,000 and substituting $26,304,000;

(b) by omitting from paragraph (3) (b) $26,805,000 and substituting $27,139,000;

(c) by omitting from paragraph (3) (c) $27,643,000 and substituting $27,987,000.

Promotion of equality of opportunity

10. Section 22 of the Principal Act is amended:

(a) by omitting from paragraph (5) (a) $1,299,000 and substituting $1,307,000;

(b) by omitting from paragraph (5) (b) $1,299,000 and substituting $1,315,000;

(c) by omitting from paragraph (5) (c) $1,299,000 and substituting $1,315,000.

Special research assistance

11. Section 23 of the Principal Act is amended:

(a) by omitting from paragraph (4) (a) $15,612,000 and substituting $15,717,000;

(b) by omitting from paragraph (4) (b) $36,472,000 and substituting $36,927,000;

(c) by omitting from paragraph (4) (c) $62,547,000 and substituting $63,327,000.

Grants in respect of teaching hospitals

12. Section 24 of the Principal Act is amended:

(a) by omitting from paragraph (3) (a) $3,789,000 and substituting $3,815,000;

(b) by omitting from paragraph (3) (b) $3,789,000 and substituting $3,836,000;

(c) by omitting from paragraph (3) (c) $3,789,000 and substituting $3,836,000.

Grants in respect of drug and alcohol education in teaching hospitals

13. Section 25 of the Principal Act is amended:

(a) by omitting from paragraph (2) (a) $581,000 and substituting $584,000.

(b) by omitting from paragraph (2) (b) $581,000 and substituting $588,000.

Grants for building projects

14. Section 26 of the Principal Act is amended by omitting from subsection (5) $81,684,000 (wherever occurring) and substituting $84,669,000.

Grants for Aboriginal participation projects

15. Section 29 of the Principal Act is amended:

(a) by omitting from paragraph (4) (b) $4,589,000 and substituting $4,646,000;

(b) by omitting from paragraph (4) (c) $8,448,000 and substituting $8,553,000.

Promotion of equality of opportunity

16. Section 30 of the Principal Act is amended:

(a) by omitting from paragraph (5) (a) $2,086,000 and substituting $2,100,000;

(b) by omitting from paragraph (5) (b) $2,086,000 and substituting $2,112,000;

(c) by omitting from paragraph (5) (c) $2,086,000 and substituting $2,112,000.

Grants for building projects

17. Section 31 of the Principal Act is amended:

(a) by omitting from paragraph (5) (a) $30,316,000 and substituting $31,424,000;

(b) by omitting from paragraph (5) (b) $69,524,000 and substituting $72,064,000;

(c) by omitting from paragraph (5) (c) $102,596,000 and substituting $106,345,000.

Grants for renovation projects

18. Section 32 of the Principal Act is amended by omitting from subsection (5) $19,760,000 and substituting $20,482,000.


Interpretation

19. Section 34 of the Principal Act is amended by omitting paragraph (4) (g).

 

NOTE

1. No. 2, 1989.

[Minister’s second reading speech made in—

House of Representatives on 11 May 1989

Senate on 24 May 1989]

Overview

The Higher Education Funding Amendment Act 1989 was enacted by the Commonwealth of Australia's Parliament to amend the Higher Education Funding Act 1988. The Act was designed to address various financial allocations and definitions within the higher education sector to ensure continued and effective funding distribution. By amending the Principal Act, this legislation sought to update definitions and financial figures to reflect current needs and structures within the educational framework, including adjustments to grants for specific projects and institutions. The policy objective of the Act was to maintain and enhance the quality of higher education through appropriate funding adjustments, thereby supporting educational institutions and their respective projects.

Scope and Application

The Higher Education Funding Amendment Act 1989 amends the Higher Education Funding Act 1988, which deals with the funding of higher education institutions in Australia. This amendment applies to both the Commonwealth and the states, including the Australian Capital Territory and the Northern Territory. It specifically refers to various higher education institutions, including universities and colleges of advanced education. The Act updates definitions to include the Australian Capital Territory and the Northern Territory and amends funding allocations for different grants and projects. It does not specify any exclusions, exemptions, or thresholds in the provided text. The Act's application may be further defined or extended through subordinate legislation, although this is not elaborated in the given excerpt.

Key Provisions

The Higher Education Funding Amendment Act 1989 (Act) makes various amendments to the Higher Education Funding Act 1988 (Principal Act). One of the main changes is the expansion of the definition of "State" to include the Australian Capital Territory and the Northern Territory, as well as modifying the definition of "State Higher Education Minister" to include these territories (sections 3 and 4). This amendment ensures that funding provisions now apply to higher education institutions in these territories. The Act also updates the maximum funding grants for various categories, such as Aboriginal participation projects, superannuation expenses, and projects of national priority (sections 6 through 9). Additionally, it adjusts the funding for grants related to building projects, renovation projects, and other specified purposes (sections 14 through 18). The obligations imposed by the Act include ensuring that higher education institutions within the expanded definition of "State" are eligible for funding as per the updated grant amounts. This involves institutions applying for funding in accordance with the new parameters set by the Act. The institutions must also adhere to any additional conditions or criteria specified in the Principal Act for receiving these grants. The Act requires that the funds be used for the purposes outlined in the amended sections, such as promoting equality of opportunity, supporting special research assistance, and facilitating drug and alcohol education in teaching hospitals. Breaches of the obligations or misuse of funds may lead to legal consequences. Although the Act does not explicitly outline penalties for breaches, the Principal Act may impose sanctions for non-compliance. Such sanctions could include the withholding of future funding, the requirement to repay misused funds, or other administrative actions. Additionally, depending on the severity of the breach, there may be civil or criminal liabilities under other applicable legislation, which could result in fines or imprisonment. It is important for institutions to ensure compliance with the terms and conditions of the funding as outlined in the Act to avoid these potential consequences.

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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.