Higher Education Support Amendment (2010 Budget Measures) Act 2010
No. 129, 2010
An Act to amend the law in relation to higher education, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Grants
Higher Education Support Act 2003
Higher Education Support Amendment (2010 Budget Measures) Act 2010
No. 129, 2010
An Act to amend the law in relation to higher education, and for related purposes
[Assented to 24 November 2010]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Higher Education Support Amendment (2010 Budget Measures) Act 2010.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 24 November 2010 |
2. Schedule 1 | The later of: (a) 1 December 2010; and (b) the day this Act receives the Royal Assent. | 1 December 2010 (paragraph (b) applies) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in Column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Grants
Higher Education Support Act 2003
1 Paragraphs 30‑5(1)(f) and (g)
Repeal the paragraphs, substitute:
(f) for the year 2010—$4,833,034,000; or
(g) for the year 2011—$5,011,996,000.
2 Subsection 41‑45(1) (table items 6 to 9)
Repeal the items, substitute:
6 | 2010 | $1,874,910,000 |
7 | 2011 | $2,032,393,000 |
8 | 2012 | $2,056,285,000 |
9 | 2013 | $2,179,375,000 |
10 | 2014 | $2,163,501,000 |
3 Section 46‑40 (table items 7 to 10)
Repeal the items, substitute:
7 | 2010 | $304,553,000 |
8 | 2011 | $316,212,000 |
9 | 2012 | $307,376,000 |
10 | 2013 | $278,370,000 |
11 | 2014 | $278,830,000 |
[Minister’s second reading speech made in—
House of Representatives on 20 October 2010
Senate on 15 November 2010]
Overview
The Higher Education Support Amendment (2010 Budget Measures) Act 2010 was enacted to amend the law in relation to higher education, specifically addressing budgetary measures within the Higher Education Support Act 2003. The Act was introduced by the Parliament of Australia and received Royal Assent on 24 November 2010. This legislative amendment aimed to adjust funding allocations for higher education grants to reflect the fiscal measures proposed in the 2010 Budget. The Act specifies new financial figures for higher education support for the years 2010 through 2014, replacing previously stipulated amounts to align with the budget decisions of that period.
Scope and Application
The Higher Education Support Amendment (2010 Budget Measures) Act 2010 amends the Higher Education Support Act 2003 to adjust funding allocations for higher education grants. This Act applies to the Commonwealth of Australia and specifically targets the financial provisions within the Higher Education Support Act 2003, affecting institutions that receive Commonwealth support for higher education. The Act provides detailed amendments to grant amounts for specific years, ensuring that financial provisions are updated to reflect the 2010 budget measures. It does not explicitly exclude any particular entities or types of conduct, but rather focuses on the financial parameters for educational grants. The application of this Act is not extended or restricted through subordinate instruments but operates within the parameters set out in the primary legislation. The Act came into effect on 24 November 2010, with certain provisions taking effect on 1 December 2010 or the date of Royal Assent, whichever is later.
Key Provisions
The Higher Education Support Amendment (2010 Budget Measures) Act 2010 amends the Higher Education Support Act 2003, specifically focusing on financial provisions for higher education. The operative sections of this Act (sections 1 to 3) took effect on the day the Act received Royal Assent, which was 24 November 2010. The provisions in Schedule 1, however, commenced on the later of 1 December 2010 or the day of Royal Assent, which in this case was 1 December 2010 due to the date of Royal Assent.
This Act imposes several financial obligations on the entities it governs. Under section 30‑5, it specifies the funding allocations for higher education support for the years 2010 and 2011, setting specific amounts of $4,833,034,000 for 2010 and $5,011,996,000 for 2011. Additionally, it modifies the funding allocations for Higher Education Contribution Scheme (HECS) payments, as detailed in subsection 41‑45(1), with specific amounts for the years 2010 to 2014. It also revises the funding for the Student Learning Centre (SLC) payments, as specified in section 46‑40, with amounts set for the years 2010 to 2014.
Failure to comply with the financial provisions outlined in this Act may not explicitly state specific offences or penalties. However, non-compliance with funding obligations could lead to broader administrative or legal consequences under the Higher Education Support Act 2003 or other relevant legislation. The precise penalties for breaches would depend on the specific nature of the non-compliance and the applicable laws at the time of the breach.