EXPLANATORY STATEMENT
List prepared under section 41-50 of the Higher Education Support Act 2003
Other Grants Guidelines (Research) 2009
Issued by the authority of the Minister for Innovation, Industry, Science and Research
Subject: Higher Education Support Act 2003
Declaration of List of Other Grants (Research) under Division 41 for 2010
Authority
Section 41-50 of the Higher Education Support Act 2003 (the Act) provides that before the start of a year, the Minister must, by legislative instrument, cause a list to be prepared setting out the maximum amounts of all grants which may be paid in the following year for each purpose of grant specified in the table in section 41-10 (1) of the Act. The Act is jointly administered by the Minster for Education, Employment and Workplace Relations and the Minister for Innovation, Industry, Science and Research in accordance with the Administrative Arrangements Orders of January 2008. The authority of the Minister for Innovation, Industry, Science and Research, under the Act, is limited to the grants listed as Items 7, 8, 10 and 11(b) in the table in section 41-10 (1) and subsection 46-10(b) of the Act.
List of Maximum Amounts
The list of maximum amounts of Other Grants (Research) for payment in 2010 sets out:
- Each item in the table in section 41-10 (1) of the Act that the Minister’s declaration covers;
- The purpose of each grant of the specified items from the table in section 41-10(1) of the Act; and
- The maximum amounts declared by the Minister for each of the specified items from the table in section 41-10(1) of the Act.
In the notes to the List of Maximum Amounts the relevant grant programs which apply to each category of grant is provided, along with other explanatory information.
Consultation and Financial Implications
The financial aspects of the list were prepared in consultation with the Department of Education, Employment and Workplace Relations which has joint responsibility for the administration of the Act, as follows:
- to ensure the maximum amounts did not exceed the calendar year maximum amounts legislated under the Act for each of the specified items from the table in section 41-10(1) of the Act; and
- to ensure the maximum amounts did not exceed the financial year maximum amounts appropriated under the Portfolio Budget Statements 2009-10 for each of the specified items from the table in section 41-10(1) of the Act.
Overview
The Other Grants Guidelines (Research) 2009, issued under section 41-50 of the Higher Education Support Act 2003, establishes the maximum amounts of grants that can be paid in 2010 for specified purposes. The Act, enacted in 2003, was designed to address the need for a structured approach to the administration and distribution of grants within the higher education sector. This list was prepared to ensure that the financial allocations for grants do not exceed the legislated and appropriated limits for the calendar and financial years, respectively. The list was developed in consultation with the Department of Education, Employment and Workplace Relations, reflecting the joint responsibility of the Minister for Innovation, Industry, Science and Research and the Minister for Education, Employment and Workplace Relations in administering the Act. The policy objective is to maintain financial prudence while supporting research initiatives within the higher education framework.
Scope and Application
The Other Grants Guidelines (Research) 2009, issued under section 41-50 of the Higher Education Support Act 2003, delineate the maximum amounts of various research grants that can be disbursed in the following year. This legislative instrument is pertinent to entities and individuals involved in research activities within the higher education sector, particularly those seeking funding under the specified grants. The Act applies to grants listed as Items 7, 8, 10, and 11(b) in the table of section 41-10(1) of the Act, and these grants are jointly administered by the Minister for Education, Employment and Workplace Relations and the Minister for Innovation, Industry, Science and Research. The financial implications of these grants are determined in consultation with the Department of Education, Employment and Workplace Relations to ensure compliance with the legislated and appropriated budget limits. This ensures that the grants do not exceed the annual maximum amounts set forth in the Act and the budget allocations for the respective financial year.
Key Provisions
The Explanatory Statement for the Other Grants Guidelines (Research) 2009 (F2009L04116) outlines the key provisions of the Higher Education Support Act 2003 (the Act). Under section 41-50 of the Act, the Minister for Innovation, Industry, Science and Research is required to prepare a list of the maximum amounts of all grants that may be paid in the following year for each purpose of grant specified in section 41-10(1) of the Act. This list, known as the List of Maximum Amounts, is prepared before the start of each year and sets out the maximum amounts for the grants listed in the table in section 41-10(1) of the Act, including the purpose of each grant and the maximum amount for each specified item.
The obligations imposed by the Act on the Minister for Innovation, Industry, Science and Research include ensuring that the maximum amounts declared do not exceed the calendar year maximum amounts legislated under the Act and the financial year maximum amounts appropriated under the Portfolio Budget Statements 2009-10. The financial aspects of the list were prepared in consultation with the Department of Education, Employment and Workplace Relations, which has joint responsibility for the administration of the Act. The explanatory statement provides relevant grant programs and other explanatory information in the notes to the List of Maximum Amounts.
The Other Grants Guidelines (Research) 2009 does not contain specific provisions for offences, penalties, or consequences for breach. However, the Act does provide for civil and criminal penalties for breaches of certain provisions, including the imposition of fines and imprisonment. The maximum penalties for these offences are set out in the Act and may vary depending on the nature and severity of the breach. It is important for parties and entities governed by the Act to be aware of their obligations and to ensure that they comply with the requirements of the Act to avoid any potential penalties or consequences for non-compliance.