Higher Education Legislation Amendment (2005 Budget Measures) Act 2005
No. 156, 2005
An Act to amend higher education legislation, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Higher Education Support Act 2003
Schedule 2—Amendment of the Higher Education Funding Act 1988
Higher Education Legislation Amendment (2005 Budget Measures) Act 2005
No. 156, 2005
An Act to amend higher education legislation, and for related purposes
[Assented to 19 December 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Higher Education Legislation Amendment (2005 Budget Measures) Act 2005.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Higher Education Support Act 2003
1 Paragraphs 30‑5(1)(b), (c) and (d)
Repeal the paragraphs, substitute:
(b) for the year 2006—$3,266,479,000; or
(c) for the year 2007—$3,415,627,000; or
(d) for the year 2008—$3,483,528,000; or
(e) for the year 2009—$3,512,238,000.
1A Subsection 41‑45(1) (cell at table item 1, column headed “Amount”)
Repeal the cell, substitute:
$1,539,636,000
2 Subsection 41‑45(1) (table items 2, 3 and 4)
Repeal the items, substitute:
2 | 2006 | $1,716,942,000 |
3 | 2007 | $1,673,153,000 |
4 | 2008 | $1,680,474,000 |
5 | 2009 | $1,667,904,000 |
3 Section 46‑40 (table items 3, 4 and 5)
Repeal the items, substitute:
3 | 2006 | $179,733,000 |
4 | 2007 | $205,460,000 |
5 | 2008 | $213,772,000 |
6 | 2009 | $214,902,000 |
Schedule 2—Amendment of the Higher Education Funding Act 1988
1 Paragraphs 110A(2)(b) and (c)
Repeal the paragraphs, substitute:
(b) for the year 2006—$9,791,000; and
(c) for the year 2007—$7,691,000.
[Minister’s second reading speech made in—
House of Representatives on 23 June 2005
Senate on 18 August 2005]
Overview
The Higher Education Legislation Amendment (2005 Budget Measures) Act 2005 was enacted by the Parliament of Australia to amend existing higher education legislation and address certain budgetary measures. This Act was assented to on 19 December 2005 and came into effect on the same day. Its primary purpose was to make specific financial amendments to the Higher Education Support Act 2003 and the Higher Education Funding Act 1988, reflecting budget measures for the years 2006 to 2009. The Act does not detail specific policy objectives beyond the financial adjustments, which include updated funding amounts for various provisions within the specified Acts.
Scope and Application
The Higher Education Legislation Amendment (2005 Budget Measures) Act 2005 amends the Higher Education Support Act 2003 and the Higher Education Funding Act 1988 to adjust funding allocations for the years 2006 through 2009. This Act applies to the Commonwealth of Australia and affects the operations and funding of higher education institutions within its jurisdiction. The amendments primarily pertain to the financial allocations for various aspects of higher education support and funding, ensuring that institutions receive the necessary resources to operate effectively. The Act does not specify exclusions or exemptions but rather provides detailed figures for funding allocations across different years and categories. The application of the Act is extended through subordinate instruments that may provide further details on the implementation of these financial measures within the higher education sector.
Key Provisions
The Higher Education Legislation Amendment (2005 Budget Measures) Act 2005 amends two significant pieces of legislation, the Higher Education Support Act 2003 and the Higher Education Funding Act 1988. The main operative sections of the Act specify the financial allocations for the years 2006 to 2009. For instance, section 1 of Schedule 1 amends the Higher Education Support Act 2003, replacing specific financial amounts for the years 2006 to 2009 (sections 30-5(1)(b) to (d)). Similarly, section 2 of Schedule 1 modifies the amounts in subsection 41-45(1) of the same Act, detailing new figures for the years in question (section 41-45(1)). Furthermore, section 3 of Schedule 1 updates the figures in section 46-40, again for the specified years (section 46-40). Schedule 2 of the Act amends the Higher Education Funding Act 1988 by changing the financial allocations for 2006 and 2007 (section 110A(2)(b) and (c)).
The obligations and requirements imposed by this Act on the parties it governs primarily revolve around financial compliance and reporting. The amendments necessitate that relevant authorities adhere to the new financial figures set forth in the Act. This includes ensuring that any funding, support, or allocations provided under the Higher Education Support Act 2003 and the Higher Education Funding Act 1988 are in line with the updated budgetary provisions. The institutions and entities governed by these Acts must ensure that their financial planning and reporting reflect these amendments. This may involve updating internal budgets, financial statements, and any related documentation to align with the new figures.
Any failure to comply with the financial provisions set out in the Higher Education Legislation Amendment (2005 Budget Measures) Act 2005 could result in various consequences. While the Act does not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance, breaches of the financial allocations and reporting requirements could potentially lead to audits, investigations, and financial penalties. Under the existing frameworks of the Higher Education Support Act 2003 and the Higher Education Funding Act 1988, there are provisions for penalties in case of non-compliance with financial regulations. These could include fines or other financial penalties imposed by the relevant authorities. It is important for the governed entities to ensure strict adherence to these updated financial measures to avoid any adverse outcomes.