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 2006
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 2006 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 for students and institutions in the higher education sector in Australia, addressing the gap in funding mechanisms for higher education. The Act was passed by the Parliament of Australia, with the intent to ensure that higher education institutions receive adequate funding to maintain and improve educational standards and accessibility. This Explanatory Statement outlines a revised list prepared under section 41-50 of the Act, which specifies the maximum amounts of grants payable in 2006 for various purposes, as outlined in section 41-10. This list is a legislative instrument under the Legislative Instruments Act 2003 and becomes effective upon registration on the Federal Register of Legislative Instruments. The purpose of this list is to clarify and formalise the financial allocations for higher education grants, ensuring that the funding is appropriately directed towards supporting educational programs and initiatives.
Scope and Application
The Higher Education Support Act 2003 applies to a range of entities involved in the provision of higher education in Australia, including universities, higher education providers, and students. The Act establishes a framework for the provision of financial assistance to higher education providers and students through various grants. The list of grants prepared under section 41-50 of the Act applies to the Commonwealth jurisdiction and sets out the maximum amounts of grants that can be paid for each purpose of grant in the following year. The list includes relevant programs and maximum amounts for each program for the 2006 calendar year. The list is a Legislative Instrument under the Legislative Instruments Act 2003 and takes effect the day after it is registered on the Federal Register of Legislative Instruments. The Act does not provide any stated exclusions or exemptions, and its application is not extended or restricted through subordinate instruments. The Explanatory Statement notes that consultation was not undertaken due to the instrument being of a machinery nature and not altering existing arrangements.
Key Provisions
The Higher Education Support Act 2003, specifically section 41-50, mandates that the Minister must prepare a list before the commencement of each year. This list sets out the maximum amounts of grants that can be paid in the following year for each specified purpose, as outlined in section 41-10 of the Act (section 41-50(1)). The list includes details such as the purpose of each grant, the relevant programmes, and the maximum amounts for each programme for the particular year, in this case, 2006 (section 41-50(2)). The purpose of this provision is to ensure transparency and predictability in the funding of higher education initiatives by specifying the financial limits in advance.
Under the Act, the obligations imposed on the Minister are to prepare and publish this list by a specified deadline, ensuring that all stakeholders, including educational institutions and funding bodies, are aware of the financial parameters within which they must operate. The Act does not require consultation for this list as it is considered a machinery instrument that does not alter existing arrangements. The list is a Legislative Instrument under the Legislative Instruments Act 2003, and it becomes effective the day after it is registered on the Federal Register of Legislative Instruments (section 41-50(3)).
Failure to comply with the requirements of the Higher Education Support Act 2003, including the preparation of the list as mandated by section 41-50, could lead to significant consequences. While the Act itself does not specify particular offences or penalties for non-compliance with this section, general provisions within the Act or related legislative frameworks could apply. Breaches of legislative instruments can potentially lead to civil or administrative penalties, depending on the specific context and the impact of the non-compliance. The precise nature and extent of any penalties would be determined based on the specific circumstances and any additional legislative provisions that may apply.