Higher Education Funding Amendment Act (No. 2) 1989

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Higher Education Funding Amendment Act (No. 2) 1989

No. 168 of 1989

TABLE OF PROVISIONS

Section

1. Short title etc.

2. Commencement

3. Definitions

4. Institutions

5. Maximum grants

6. Grants for Aboriginal participation projects

7. Grants for superannuation expenses

8. Grants for projects of national priority

9. Promotion of equality of opportunity

10. Special research assistance

11. Grants in respect of teaching hospitals

12. Grants for building projects

13. Grants for Aboriginal participation projects

14. Promotion of equality of opportunity

15. Grants for building projects

16. Interpretation

Higher Education Funding Amendment Act (No. 2) 1989

No. 168 of 1989

 

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

[Assented to 19 December 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 (No. 2) 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:

(a) by omitting “of technical and further education” from the definition of “course of study” and substituting “declared by the Minister, for the purposes of an Act relating to the funding of technical and further education, to be a course of technical and further education”;

(b) by omitting “or the year 1991” from paragraph (b) of the definition of “ year to which this Chapter applies” and substituting “, the year 1991 or the year 1992”;

(c) by omitting the definition of “technical and further education”;

(d) by inserting the following definition:

“ ‘overseas student’ has the same meaning as in the Overseas Students Charge Act 1979, but does not include a student to whom paragraph 4(1) (a) of the Overseas Students Charge Collection Regulations applies;”.

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

Charles Sturt University

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 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 Wollongong

University of New England

University of Sydney

University of Technology, Sydney

University of Western 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

AUSTRALIAN CAPITAL TERRITORY

Signadou College of Education

NORTHERN TERRITORY

Batchelor College

Northern Territory University”.

Maximum grants

5. Section 17 of the Principal Act is amended:

(a) by omitting from paragraph (b) “$2,240,750,000; and” and substituting “$2,282,996,000;”;

(b) by omitting from paragraph (c) “$2,280,659,000” and substituting “$2,297,052,000”;

(c) by adding at the end the following word and paragraph:

“; and (d) in the case of the year 1992—$2,342,969,000.”.

Grants for Aboriginal participation projects

6. Section 19 of the Principal Act is amended:

(a) by omitting from paragraph (4) (b) “and”;

(b) by adding at the end of subsection (4) the following word and paragraph:

“; and (d) in the case of the year 1992—$13,476,000.”.

Grants for superannuation expenses

7. Section 20 of the Principal Act is amended:

(a) by omitting from paragraph (3) (b) “$118,106,000; and” and substituting “$48,560,000;”;


(b) by omitting from paragraph (3) (c) “$127,199,000” and substituting “$57,653,000”;

(c) by adding at the end of subsection (3) the following word and paragraph:

“; and (d) in the case of the year 1992—$66,629,000.”.

Grants for projects of national priority

8. Section 21 of the Principal Act is amended:

(a) by omitting from paragraph (3) (b) “and”;

(b) by adding at the end of subsection (3) the following word and paragraph:

“; and (d) in the case of the year 1992—$28,855,000.”.

Promotion of equality of opportunity

9. Section 22 of the Principal Act is amended:

(a) by omitting from paragraph (5) (b) “and”;

(b) by adding at the end of subsection (5) the following word and paragraph:

“; and (d) in the case of the year 1992—$1,315,000.”.

Special research assistance

10. (1) Section 23 of the Principal Act is amended:

(a) by omitting subsection (1) and substituting the following subsection:

“(1) The Minister may approve a proposal for expenditure by an institution to which this section applies upon:

(a) a special research centre; or

(b) a key centre of teaching and research; or

(c) Australian postgraduate research awards; or

(d) overseas postgraduate research awards; or

(e) a program of research;

as a proposal deserving financial assistance under this section in respect of a year to which this Chapter applies subject to such conditions as the Minister determines.”;

(b) by omitting from paragraph (4) (a) “$15,717,000” and substituting “$15,489,900”;

(c) by omitting from paragraph (4) (b) “$36,927,000; and” and substituting “$144,396,000;”;

(d) by omitting from paragraph (4) (c) “$63,327,000” and substituting “$185,338,000”;

(e) by adding at the end of subsection (4) the following word and paragraph:

“; and (d) in the case of the year 1992—$196,003,000.”.


(2) An approval made by the Minister under subsection 23 (1) of the Principal Act as in force immediately before the commencement of this Act is to be taken, after that commencement, to have been made under subsection 23 (1) of the Principal Act as amended by this Act.

Grants in respect of teaching hospitals

11. Section 24 of the Principal Act is amended:

(a) by omitting from paragraph (3) (b) “and”;

(b) by adding at the end of subsection (3) the following word and paragraph:

“; and (d) in the case of the year 1992—$3,836,000.”.

Grants for building projects

12. Section 26 of the Principal Act is amended:

(a) by omitting from paragraph (5) (b) “$84,669,000; and” and substituting “$87,731,000;”;

(b) by omitting from paragraph (5) (c) “$84,669,000” and substituting “$87,731,000”;

(c) by adding at the end of subsection (5) the following word and paragraph:

“; and (d) in the case of the year 1992—$87,731,000.”.

Grants for Aboriginal participation projects

13. Section 29 of the Principal Act is amended:

(a) by omitting from paragraph (4) (b) “and”;

(b) by adding at the end of subsection (4) the following word and paragraph:

“; and (d) in the case of the year 1992—$12,329,000.”.

Promotion of equality of opportunity

14. Section 30 of the Principal Act is amended:

(a) by omitting from paragraph (5) (b) “and”;

(b) by adding at the end of subsection (5) the following word and paragraph:

“; and (d) in the case of the year 1992—$2,112,000.”.

Grants for building projects

15. Section 31 of the Principal Act is amended:

(a) by omitting from paragraph (5) (b) “$72,064,000; and” and substituting “$74,671,000;”;

(b) by omitting from paragraph (5) (c) “$106,345,000” and substituting “$110,192,000”;


(c) by adding at the end of subsection (5) the following word and paragraph:

“; and (d) in the case of the year 1992—$110,192,000.”.

Interpretation

16. Section 34 of the Principal Act is amended by omitting from subsection (1) the definition of “overseas student”.

 

NOTE

1. No. 2, 1989, as amended. For previous amendments, see No. 138, 1988; and No. 80, 1989.

[Minister's second reading speech made in—

House of Representatives on 2 November 1989 Senate on 13 December 1989]

Overview

The Higher Education Funding Amendment Act (No. 2) 1989 was enacted to amend the Higher Education Funding Act 1988 and address certain funding issues within Australia's higher education system. The Act was passed by the Queen, with the assent of both the Senate and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation was to ensure adequate funding for higher education institutions, research, and various other projects, including those aimed at promoting equality of opportunity and Aboriginal participation. This Act amends several sections of the Principal Act, including adjustments to maximum grants, provisions for Aboriginal participation projects, and allocations for special research assistance, among others, to better support the evolving needs of the higher education sector.

Scope and Application

The Higher Education Funding Amendment Act (No. 2) 1989 amends the Higher Education Funding Act 1988, primarily to adjust funding allocations for higher education institutions across Australia for the years 1991 and 1992. This Act applies to all higher education institutions listed in its provisions, including universities and colleges in each Australian state and territory. The amended Act sets new maximum grants and specific allocations for various funding categories such as grants for Aboriginal participation projects, superannuation expenses, projects of national priority, promotion of equality of opportunity, special research assistance, and building projects, among others. Notably, it updates funding figures to reflect the financial year 1992, which was not previously covered under the Principal Act. The Act extends its reach nationally, affecting educational institutions and funding bodies across the Commonwealth of Australia. The Act does not explicitly state any exclusions or exemptions but implies that the listed institutions are subject to the provisions unless otherwise specified. Any further clarifications or extensions of the Act's application are to be addressed through subordinate instruments, which may provide additional definitions, conditions, or administrative details necessary for the implementation of the Act.

Key Provisions

The Higher Education Funding Amendment Act (No. 2) 1989 (the Act) amends the Higher Education Funding Act 1988 (the Principal Act) by adjusting various funding provisions. Section 4 amends the list of eligible institutions by removing certain institutions and adding others, reflecting changes in the higher education landscape. Section 5 revises the maximum grants for the year 1992, increasing the funding amounts for different categories. Section 6 modifies the grants for Aboriginal participation projects, setting specific amounts for the year 1992. Section 7 adjusts the funding for superannuation expenses, with new amounts specified for the year 1992. Section 8 revises the grants for projects of national priority, including new funding levels for 1992. Section 9 updates the promotion of equality of opportunity grants, with new allocations for the year 1992. The Act imposes specific obligations on the parties it governs. Eligible institutions must meet the criteria set out in the Act to qualify for funding. The Minister for Education is responsible for approving proposals for expenditure on special research centres, key centres of teaching and research, and other specified research initiatives, subject to the conditions set by the Minister. Institutions must comply with the terms and conditions attached to the grants received. Additionally, the Act requires institutions to report on their use of funds and progress towards achieving the objectives of the grants. Breach of the Act's provisions may result in civil or criminal penalties, although the Act itself does not explicitly detail specific penalties for non-compliance. The Principal Act, however, may provide for penalties in cases of misuse of funds or failure to comply with the terms of the grants. Typically, such breaches could lead to the recovery of misused funds, fines, or other civil remedies. In severe cases, criminal charges could be pursued, leading to imprisonment or substantial fines, depending on the nature and severity of the breach.

Legal classification tags

Area of Law
Education Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Grants for Aboriginal participation projects
Grants for building projects
Promotion of equality of opportunity

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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.