Higher Education Funding Amendment Act 1991
No. 53 of 1991
An Act to increase the amount that may be spent on higher education
[Assented to 24 April 1991]
The Parliament of Australia enacts:
Short title etc.
1. (1) This Act may be cited as the Higher Education Funding Amendment Act 1991.
(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.
Maximum amounts
3. The Principal Act is amended as set out in the Schedule.
SCHEDULE Section 3
AMENDMENTS OF MAXIMUM AMOUNTS
Paragraph 17 (c):
Omit “$2,520,739,000”, substitute “$2,567,853,000”.
Paragraph 17 (d):
Omit “$2,571,228,000”, substitute “$2,619,349,000”.
Paragraph 17 (e):
Omit “$2,657,966,000”, substitute “$2,706,961,000”.
Paragraph 19 (4) (d):
Omit “$23,662,000”, substitute “$24,107,000”.
Paragraph 20 (3) (c):
Omit “$59,050,000”, substitute “$59,782,000”.
Paragraph 20 (3) (d):
Omit “$67,092,000”, substitute “$67,923,000”.
Paragraph 20 (3) (e):
Omit “$67,092,000”, substitute “$67,923,000”.
Paragraph 21 (3) (c):
Omit “$29,948,000”, substitute “$30,258,000”.
Paragraph 21 (3) (d):
Omit “$30,877,000”, substitute “$31,260,000”.
Paragraph 21 (3) (e):
Omit “$31,753,000”, substitute “$32,146,000”.
Paragraph 22 (5) (d):
Omit “$1,555,000”, substitute “$1,600,000”.
Paragraph 22 (5) (e):
Omit “$3,667,000”, substitute “$3,712,000”.
Paragraph 23 (4) (c):
Omit “$215,266,000”, substitute “$216,648,000”.
Paragraph 23 (4) (d):
Omit “$224,710,000”, substitute “$229,012,000”.
Paragraph 23 (4) (e):
Omit “$227,195,000”, substitute “$231,326,000”.
Paragraph 24 (3) (c):
Omit “$4,105,000”, substitute “$4,156,000”.
Paragraph 24 (3) (d):
Omit “$4,105,000”, substitute “$4,156,000”.
SCHEDULE—continued
Paragraph 24 (3) (e):
Omit “$4,105,000”, substitute “$4,156,000”.
Paragraph 26 (5) (c):
Omit “$102,261,000”, substitute “$106,514,000”.
Paragraph 26 (5) (d):
Omit “$102,261,000”, substitute “$106,514,000”.
Paragraph 26 (5) (e):
Omit “$212,453,000”, substitute “$216,706,000”.
NOTE
1. No. 2, 1989, as amended. For previous amendments, see No. 138, 1988; Nos. 80, 168 and 179, 1989; and No. 122, 1990.
[Minister’s second reading speech made in—
House of Representatives on 7 March 1991
Senate on 10 April 1991]
Overview
The Higher Education Funding Amendment Act 1991 was enacted by the Parliament of Australia to amend the Higher Education Funding Act 1988 and increase the maximum funding amounts allocated to higher education. The legislation aims to address the growing financial needs of the higher education sector by adjusting the expenditure limits to ensure continued support and development of educational institutions. This amendment was necessary to provide adequate resources for the higher education system, reflecting the changing demands and expanding scope of educational services. The policy objective behind this Act is to ensure that higher education institutions have the necessary funding to maintain and improve the quality of education and research, ultimately contributing to the nation's economic and social development.
Scope and Application
The Higher Education Funding Amendment Act 1991 applies to the Commonwealth of Australia and amends the Higher Education Funding Act 1988 by increasing the amount that may be spent on higher education. The Act sets new maximum amounts for funding within various sections and subsections of the Principal Act, thus impacting the financial allocations for higher education institutions across the country. It does not specify exclusions or exemptions, and its scope is confined to the financial amendments listed in the Schedule. The Act’s amendments are direct and do not extend or restrict application through subordinate instruments. Instead, the Act comprehensively modifies specific financial thresholds within the Principal Act to reflect updated budgetary requirements for higher education funding.
Key Provisions
The Higher Education Funding Amendment Act 1991 primarily amends the maximum funding amounts specified in the Higher Education Funding Act 1988. Under Section 3 of this Act, the amended figures are detailed in the accompanying Schedule. For example, Paragraph 17(c) increases the maximum amount from $2,520,739,000 to $2,567,853,000. Similarly, Paragraph 17(d) increases from $2,571,228,000 to $2,619,349,000. These amendments are designed to reflect the increased costs associated with higher education and to ensure that there is sufficient funding to meet these needs.
The obligations imposed by the Act primarily revolve around the financial management of higher education funds. Institutions and entities that receive funding under the Higher Education Funding Act 1988 must ensure they are compliant with the new maximum amounts as stipulated in this Act. This involves accurately reporting and accounting for funds spent, ensuring that expenditures do not exceed the revised limits. Additionally, institutions may be required to submit financial reports and audits to demonstrate compliance with the new funding caps.
Failure to comply with the provisions of the Higher Education Funding Amendment Act 1991 could result in various penalties and consequences. While the Act itself does not explicitly detail the penalties for non-compliance, breaches of funding regulations typically attract sanctions under the Higher Education Support Act 2003. These could include fines, recovery of misused funds, or even more severe penalties depending on the nature and extent of the breach. The precise penalties would depend on the specific circumstances of non-compliance and the applicable provisions of the Higher Education Support Act 2003.