EXPLANATORY STATEMENT
Revised list prepared under section 41-50 of the Higher Education Support Act 2003
Issued by the authority of the Minister for Education, Employment and Workplace Relations
Subject:- Higher Education Support Act 2003
List of grants to be made under Division 41 in 2009
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 programmes;
- maximum amounts for each programme for the 2010 calendar year.
Consultation was not undertaken due to the instrument being of a machinery nature and does not alter existing arrangements.
The list is a Legislative Instrument under the Legislative Instruments Act 2003. The list takes effect the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Higher Education Support Act 2003, enacted by the Parliament of Australia, was designed to address issues related to the financial support and regulation of higher education institutions in Australia. This Act was intended to create a framework for the provision of grants and other financial assistance to eligible higher education providers, ensuring that higher education remains accessible and affordable. The explanatory statement for F2009L04699, issued under the authority of the Minister for Education, Employment and Workplace Relations, provides a revised list of grants to be made under Division 41 for the 2009 calendar year. This list, prepared in accordance with section 41-50 of the Act, specifies the purposes of each grant, relevant programs, and the maximum amounts for each program for the 2010 calendar year. The instrument, being of a machinery nature, does not require consultation as it does not alter existing arrangements, and it takes effect the day after registration on the Federal Register of Legislative Instruments.
Scope and Application
The Higher Education Support Act 2003, as amended by the revised list prepared under section 41-50, applies to the maximum amounts of grants that can be paid for various purposes within the scope of the Act for the 2010 calendar year. These grants are applicable to educational institutions and students who are part of programs specified in the Act. The Act encompasses the entire Commonwealth of Australia, thus its application is nationwide and not limited to specific states or territories. The purpose of this list is to outline the maximum financial support available for different educational programs, ensuring transparency and consistency in the distribution of these grants. The legislation does not specify exclusions or exemptions, but it does establish clear thresholds for the maximum amounts that can be granted for each purpose, as outlined in the table in section 41-10. The application of the Act can be further extended or restricted through subordinate instruments, as permitted under the Legislative Instruments Act 2003. This legislative instrument becomes effective on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
Section 41-50 of the Higher Education Support Act 2003 mandates that the Minister must prepare and publish a list of grants before the start of each year. This list specifies the maximum amounts of all grants that may be disbursed in the forthcoming year for each grant purpose outlined in section 41-10 of the Act. The list delineates the purpose of each grant, relevant programs, and the maximum amounts for each program for the year in question. For instance, in 2009, the list would outline the maximum grant amounts for the 2010 calendar year, as detailed in section 41-10.
The obligations imposed by this Act are primarily administrative and ensure transparency in the distribution of higher education grants. The Minister is tasked with preparing this list in a timely manner, ensuring that all stakeholders are aware of the maximum grant amounts available for various purposes. This preparation requires the Minister to consult with relevant stakeholders, although in this case, consultation was not deemed necessary due to the instrument's nature as a machinery provision that does not alter existing arrangements. The list must then be registered on the Federal Register of Legislative Instruments, at which point it becomes effective.
Breaching the requirements of Section 41-50 could lead to administrative consequences, as the primary focus of the Act is on ensuring that grant amounts are clearly communicated and adhered to. While the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, failure to publish the list in a timely manner or inaccuracies in the list could result in administrative reviews or corrective actions. These actions aim to ensure that the grant process remains transparent and compliant with the legislative requirements.
In summary, Section 41-50 of the Higher Education Support Act 2003 ensures that a list of maximum grant amounts for the upcoming year is prepared and published before the year begins. This list must detail the purpose of each grant, relevant programs, and the maximum amounts for each program for the specified year. The Minister's obligation is to prepare this list and register it on the Federal Register of Legislative Instruments, thereby making it effective. While the Act does not specify penalties for non-compliance, the focus remains on maintaining transparency and accuracy in the grant distribution process.