Higher Education (Maximum Amounts for Other Grants) Determination 2013

Overview

The Higher Education (Maximum Amounts for Other Grants) Determination 2013 was enacted to facilitate the determination of maximum amounts for grants under Part 2-3 of the Higher Education Support Act 2003. This determination was made in response to the need for clarity and regulation concerning the total payments for Other Grants for the years starting from 1 January 2013 to 2017. Issued under the authority of the Minister for Education, the determination provides a legislative framework for setting these maximum amounts, ensuring that the payments align with the budgetary measures and legislative requirements. The policy objective of this determination is to maintain the integrity and financial stability of the higher education sector by clearly outlining the financial limits for these grants.

Scope and Application

The Higher Education (Maximum Amounts for Other Grants) Determination 2013 applies to the total payments made under Part 2-3 of the Higher Education Support Act 2003, which concerns Other Grants. This legislation is applicable to the Commonwealth of Australia and is intended to set the maximum amounts for all Other Grants for the calendar years 2013 to 2017. The determination is made by the Minister for Education and is required to be made by legislative instrument. The Minister may determine the amounts for years starting between 1 January 2013 and before 1 January 2017, while for years starting on or after 1 January 2017, the Minister must determine the amounts before the start of the year. The determination sets out the financial limits for Other Grants, which include the promotion of equality of opportunity in higher education, support for diversity and structural reform, and support for the training of research students. This legislative instrument is compatible with human rights, particularly the right to education, as it supports access to education by enabling the payments of Other Grants for the purposes specified in the Act. The scope of the determination is limited to the specific amounts for Other Grants, and the determination does not extend to other areas of the Higher Education Support Act 2003 or other grants and funding mechanisms within the higher education sector. No exemptions or exclusions are explicitly stated within the text of the determination. The geographic reach of the determination is national, applying to the entire Commonwealth of Australia. The application of the determination is enforced through the Higher Education Support Act 2003, and subordinate instruments may be used to extend or restrict its application.

Key Provisions

The Higher Education (Maximum Amounts for Other Grants) Determination 2013, as provided under the Higher Education Support Act 2003, sets out the maximum amounts of all grants for Other Grants for the calendar years 2013 to 2017. This legislative instrument was issued by the Minister for Education and is authorised under subsections 41-45(1A), (1B), and (1C) of the Act. The determination is crucial for defining the financial limits within which other grants are disbursed to support various purposes in higher education, as outlined in section 41-10 of the Act. The determination becomes effective the day after its registration on the Federal Register of Legislative Instruments. The obligations imposed by this determination are primarily on the Minister for Education, who must ensure that the total payments made under Part 2-3 of the Higher Education Support Act 2003 do not exceed the specified maximum amounts. For years starting on or after 1 January 2017, the Minister is mandated to determine these maximum amounts before the commencement of the respective year, as per subsection 41-45(1B). This requirement ensures that there is a clear financial framework in place for the allocation of Other Grants, supporting the objectives of the Act, such as promoting equality of opportunity, supporting diversity and structural reform, and facilitating the training of research students. Failure to comply with the provisions of this determination could potentially lead to financial mismanagement and could undermine the intended support mechanisms within the higher education sector. While the determination itself does not explicitly outline specific offences or penalties for breaches, any non-compliance with the Higher Education Support Act 2003 could result in legal consequences. Under the Act, there are various civil and criminal penalties for non-compliance, which can include fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as detailed in the relevant sections of the Act. This legislative instrument is, however, stated to be compatible with human rights, particularly the right to education, as it aims to improve the integrity of the higher education sector and ensure equitable access to education.