EXPLANATORY STATEMENT
List prepared under section 41-50 of the Higher Education Support Act 2003
Issued by the authority of the Minister for Education
Subject: Higher Education Support Act 2003
List of grants to be made under Division 41 in 2008
Section 41-50 of the Higher Education Support Act 2003 (the Act) provides that before the start of a year, the Minister must 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 of the Act.
The list sets out:
- the purpose of each grant specified in the table in section 41-10 of the Act;
- relevant programs;
- maximum amounts for each program for the 2008 calendar year.
The list does not include maximum amounts payable under grants for items 7, 8, 10 and 11(b) of the table in section 41-10 of the Act, as grants under those items are administered by the Minister for Innovation, Industry, Science and Research.
Consultation was undertaken with the Department of Innovation, Industry, Science and Research. Consultation was not undertaken with stakeholders due to the instrument being of a machinery nature which does not otherwise alter existing arrangements.
The list is a Legislative Instrument under the Legislative Instruments Act 2003. The list takes effect the day after the day on which it is registered on the Federal Register of Legislative Instruments.
Overview
The Higher Education Support Act 2003 was enacted to provide a framework for financial support to students and institutions within the higher education sector. This Act was introduced to address the need for a structured and regulated system of financial support for higher education in Australia, ensuring that both students and institutions have access to necessary funds. The Act is administered by the Australian Parliament, with the policy objective of promoting access to higher education and supporting the development of a skilled workforce. In line with its provisions, the Explanatory Statement detailing the list of grants to be made under Division 41 for the 2008 calendar year outlines the maximum amounts of grants for various educational purposes, excluding those administered by the Minister for Innovation, Industry, Science and Research. The list is prepared to comply with section 41-50 of the Act and is considered a Legislative Instrument under the Legislative Instruments Act 2003.
Scope and Application
The Higher Education Support Act 2003 (the Act) mandates the preparation of a list before the commencement of each year, detailing the maximum amounts of grants that can be disbursed in the ensuing year for specific purposes of grant. This legislative instrument is issued by the authority of the Minister for Education and pertains to the maximum amounts for various programs linked to each purpose of grant as specified in section 41-10 of the Act. Notably, the list does not encompass maximum amounts for grants related to items 7, 8, 10, and 11(b) of the Act, as these are managed by the Minister for Innovation, Industry, Science and Research. The list is formulated under section 41-50 of the Act and serves as a Legislative Instrument as per the Legislative Instruments Act 2003, becoming effective the day after its registration on the Federal Register of Legislative Instruments. The Act applies to entities and individuals engaged in activities supported by these grants within the Commonwealth jurisdiction, with certain exclusions noted for specific grants administered by another Minister.
Key Provisions
The Higher Education Support Act 2003 mandates the preparation of a list of grants that can be awarded in the following year, as stipulated in section 41-50. This list, prepared by the Minister for Education, details the maximum amounts of grants for various purposes, excluding those administered by the Minister for Innovation, Industry, Science and Research. This process ensures that higher education providers and students are aware of the financial support available for different educational purposes. The list includes the purpose of each grant, relevant programs, and the maximum amounts for each program for the 2008 calendar year. The list does not cover grants for items 7, 8, 10, and 11(b) of the table in section 41-10 of the Act, which are managed by another minister.
The obligations under the Higher Education Support Act 2003 are primarily administrative in nature. The Minister for Education is required to prepare and publish the list before the start of each year. This requirement ensures transparency and predictability in the financial support available to higher education providers and students. The Minister must also ensure that the list is made available in a timely manner, allowing educational institutions to plan their budgets accordingly. The act does not impose direct obligations on the recipients of these grants, but rather sets the framework within which the grants are awarded.
The Higher Education Support Act 2003 does not explicitly outline offences, penalties, or consequences for breach within the context of the list of grants. However, the failure to comply with the requirement to prepare and publish the list could potentially lead to legal consequences under the broader legislative framework. The act, being a legislative instrument, takes effect the day after it is registered on the Federal Register of Legislative Instruments. The consequences of non-compliance would typically be addressed under the general legislative compliance provisions, which might include administrative or legal action depending on the severity of the breach. The penalties for such breaches are not specified in the Explanatory Statement but would be subject to the broader legislative framework governing compliance with legislative instruments.