EXPLANATORY STATEMENT
Declaration of List of Other Grants (Research) under Division 41 for 2011
Other Grants Guidelines (Research) 2010
Subject: Higher Education Support Act 2003
Declaration of List of Other Grants (Research) under Division 41 for 2011
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 14 October 2010. 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 2011 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 2010-11 for each of the specified items from the table in section 41-10(1) of the Act.
Overview
The Higher Education Support Act 2003 was enacted to provide financial support for students and institutions within the higher education sector, ensuring access to quality education and research. The Act addresses the problem of providing adequate funding and support mechanisms for research and higher education, with a focus on creating a sustainable and equitable funding environment. This legislation is administered by the Minister for Education, Employment and Workplace Relations and the Minister for Innovation, Industry, Science and Research, jointly responsible for its implementation in accordance with the relevant Administrative Arrangements Orders. The policy objective is to facilitate the provision of grants to support higher education and research activities by setting clear financial limits and ensuring accountability in the allocation of funds. The Explanatory Statement for the Declaration of List of Other Grants (Research) under Division 41 for 2011 outlines the process by which the Minister determines the maximum amounts of grants that may be paid in a given year, ensuring these do not exceed the legislated or appropriated limits.
Scope and Application
The Higher Education Support Act 2003 applies to the allocation and administration of grants in the higher education sector, specifically targeting research activities and support within the Commonwealth of Australia. This Act is overseen by the Minister for Education, Employment and Workplace Relations and the Minister for Innovation, Industry, Science and Research, in accordance with the Administrative Arrangements Orders of 14 October 2010. The Act mandates the preparation and declaration of a list detailing the maximum amounts of various grants that can be paid annually for specified purposes, ensuring that these amounts do not surpass the financial limits set by legislation and budget appropriations. The scope of the Minister for Innovation, Industry, Science and Research's authority under the Act is specifically confined to grants related to Items 7, 8, 10 and 11(b) of the table in section 41-10 (1) and subsection 46-10(b) of the Act. The declaration of these maximum amounts for 2011 was made in consultation with the Department of Education, Employment and Workplace Relations to maintain alignment with both legislative and budgetary constraints.
Key Provisions
The Higher Education Support Act 2003 (the Act) contains provisions that require the Minister to declare a list of maximum amounts for various grants before the start of each year (sections 41-50). This list, which pertains to Other Grants (Research) for 2011, includes the specific items from the table in section 41-10(1) of the Act, the purpose of each grant, and the maximum amount declared for each item (section 41-10(1)). The list was prepared in consultation with the Department of Education, Employment and Workplace Relations to ensure that the declared maximum amounts did not exceed the legislated and appropriated amounts for the relevant year.
The Act imposes obligations on the Minister to ensure that the declared maximum amounts for grants are within the limits set by the legislation and the financial appropriations. This involves careful consideration and consultation to align the grant amounts with both the legal and budgetary frameworks. The Minister’s authority to declare these amounts is limited to specific grants as outlined in the Act, ensuring that the declaration process is governed by clear administrative guidelines (sections 41-10(1), 46-10(b)).
Any breach of the provisions set out in the Act could result in legal consequences. Although the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance with the legislative requirements could lead to administrative or financial repercussions for the Minister and the entities involved. The Act is administered jointly by the Minister for Education, Employment and Workplace Relations and the Minister for Innovation, Industry, Science and Research, which underscores the importance of adhering to the prescribed limits and procedures. The explanatory statement indicates that the list was prepared with a focus on compliance, suggesting that any deviation from these guidelines could be subject to scrutiny and potential legal action.