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, Science and Training
Subject: Higher Education Support Act 2003
List of grants to be made under Division 41 in 2007
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 2007 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 was enacted to provide financial support to higher education providers and students in Australia, addressing the gap in accessible and equitable funding mechanisms for the higher education sector. This legislation was introduced by the Australian Parliament with the policy objective of ensuring that the higher education system is sustainable and accessible to all Australians. In line with this objective, section 41-50 of the Act mandates that the Minister for Education, Science and Training prepare a list before the start of each year detailing the maximum amounts of all grants available for specified purposes in the following year. This list is a Legislative Instrument under the Legislative Instruments Act 2003 and becomes effective the day after its registration on the Federal Register of Legislative Instruments. The 2007 list, as an example, sets out the maximum amounts for each programme for the 2007 calendar year, providing clarity and guidance to higher education providers and stakeholders.
Scope and Application
The Higher Education Support Act 2003 applies to the preparation and publication of a list of maximum amounts for grants allocated to higher education providers for the following year. This Act mandates the Minister for Education, Science and Training to ensure that such a list is prepared before the start of each year. The list is instrumental in setting out the specific purposes of each grant, relevant programs, and the maximum financial allocations for these purposes for the forthcoming year. The Act serves the education sector, impacting higher education providers by clarifying the financial support they can expect in the form of government grants. The geographic reach of this Act is national, applying across Australia, as it is a Commonwealth legislation. It does not specify exclusions or exemptions but rather establishes a framework through which grants are to be administered. The Act allows for the extension or restriction of its application through subordinate instruments, ensuring that the legislative framework can adapt to changing needs within the higher education sector.
Key Provisions
The Higher Education Support Act 2003 includes a specific provision that mandates the preparation of a list detailing the maximum amounts of all grants to be made in the following year (section 41-50). This list is required to be prepared before the start of the new year and must set out the purpose of each grant, the relevant programmes, and the maximum amounts for each programme for the 2007 calendar year. These purposes and programmes are specified in the table in section 41-10 of the Act. The list is a Legislative Instrument under the Legislative Instruments Act 2003, and it comes into effect the day after it is registered on the Federal Register of Legislative Instruments.
The Act imposes certain obligations on the Minister for Education, Science and Training, who is responsible for causing the list to be prepared each year. This responsibility includes ensuring that the list is prepared before the start of the new year and that it accurately reflects the maximum amounts of all grants as required by the Act. The list must be registered on the Federal Register of Legislative Instruments to take effect. Although consultation was not undertaken for this instrument due to its machinery nature and the fact that it does not alter existing arrangements, the Minister must still ensure the list is prepared in accordance with the legislative requirements.
Breach of the requirements set out in the Act could result in various consequences. While the Explanatory Statement does not detail specific offences or penalties, the Act itself may impose sanctions for non-compliance with legislative requirements. Typically, failure to comply with such legislative mandates could lead to administrative, civil, or criminal penalties, depending on the nature and extent of the breach. The maximum penalties would be as prescribed by the Act or any other relevant legislation governing the enforcement of these provisions.
The Explanatory Statement clarifies that the list is a Legislative Instrument under the Legislative Instruments Act 2003, and its registration on the Federal Register of Legislative Instruments is crucial for it to take effect. This registration process ensures that the list is formally recognised and enforceable as part of the legislative framework. Additionally, the statement highlights that the instrument is of a machinery nature and does not alter existing arrangements, which justifies the absence of consultation in this instance. The Minister's obligation to prepare and register the list annually is a critical aspect of the legislative framework, ensuring that the grant amounts for higher education support are clearly defined and legally binding for the specified year.