Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2022

Administered by Department of Education

Legislation au F2022L01716 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Education

Higher Education Support Act 2003

Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2022

AUTHORITY

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 (the Principal Instrument) is made under subsection 46-40(3) of the Higher Education Support Act 2003 (the Act). The Principal Instrument determines the maximum payments made under Part 2-4 of the Act in respect of a year starting on or after 1 January 2017.

Subsection 46-40(5) of the Act provides that the Minister may, in writing, vary a determination under subsection 46-40(3) of the Act for a year at any time before the end of that year. The amendment of the Principal Instrument by the Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2022 (the Amendment Instrument) relies on that provision.

PURPOSE AND OPERATION

The Amendment Instrument amends the Principal Instrument to increase the maximum payment amount for payments made under Part 2-4 of the Act for 2022 and 2023.

The Amendment Instrument increases the maximum amount for payments made under Part 2-4 of the Act for 2022 and 2023 to account for indexation. This ensures that grants made under Part 2-4 can be increased in line with indexation.

REGULATORY IMPACT

The Office of Best Practice Regulation has been consulted and advised that no Regulatory Impact Statement is required as the instrument is unlikely to have a more than minor regulatory impact (OBPR ID: 22-03698).

COMMENCEMENT

The Amendment Instrument commences on the day after it is registered on the Federal Register of Legislation.

CONSULTATION

Consultation was not undertaken on the Amendment Instrument as it does not create any new rights or liabilities or make any grants under Part 2-4 of the Act. The Amendment Instrument is a technical step that must be undertaken by the Minister to enable grants under Part 2-4 to be made. As such, it was considered that broad consultation on the Amendment Instrument was not required.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2022

The Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2022 (the Amendment Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Amendment Instrument amends the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 (the Principal Instrument) to increase the maximum payment amount for payments made under Part 2-4 of the Act for 2022 and 2023.

The Amendment Instrument increases the maximum amount for payments made under Part 2-4 of the Act for 2022 and 2023 to account for indexation. This ensures that grants made under Part 2-4 can be increased in line with indexation.

Human rights implications

The Amendment Instrument engages the right to education in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Right to education

Article 13(2) of the ICESCR provides that “higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education”.

The Amendment Instrument will enable payments under Part 2-4 of the Act to be made, and for those payments to account for indexation. Part 2-4 of the Act provides grants for scholarships to be made to higher education providers who pay the scholarships to students for the purposes of the students’ education or for scholarships paid directly to students. Therefore, the increase of the maximum payment in the Amendment Instrument will help support the payment of scholarships to students, and supports the provision of higher education.

Conclusion

The Instrument is compatible with human rights because it supports the right to education.

 

Minister for Education, the Hon Jason Clare MP

HIGHER EDUCATION SUPPORT AMENDMENT (MAXIMUM PAYMENTS FOR COMMONWEALTH SCHOLARSHIPS) DETERMINATION 2022

EXPLANATION OF PROVISIONS

Section 1: Name

  1. This section provides that the name of the instrument is the Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2022 (the Amendment Instrument).

Section 2: Commencement

2.  This section provides that the Amendment Instrument commences on the day after registration on the Federal Register of Legislation.

Section 3: Authority

3.  This section provides that the Amendment Instrument is made by the Minister under section 46-40 of the Higher Education Support Act 2003 (the Act).

Section 4: Schedules

4.  This section clarifies that items in Schedule 1 to the Amendment Instrument have effect according to their terms (that is, to amend the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 (the Principal Instrument)).

SCHEDULE 1 – AMENDMENTS

Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020

Item 1: Paragraph 6(c)

5.  This item amends the amount which the total payments made under Part 2-4 of the Act must not exceed for the year 2022 as determined in the Principal Instrument.

6.  The amount for the year 2022 has been increased from $1,065,456,000 to $1,074,000,000 to account for indexation.

Item 2: Paragraph 6(d)

7.  This item amends the amount which the total payments made under Part 2-4 of the Act must not exceed for the year 2023 as determined in the Principal Instrument.

8.  The amount for the year 2023 has been increased from $1,071,849,000 to $1,112,000,000 to account for indexation.

 

Overview

The Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2022, made under the Higher Education Support Act 2003, addresses the need to adjust the maximum payments for Commonwealth scholarships in response to indexation. Enacted by the Minister for Education, the determination aims to ensure that the grants provided under Part 2-4 of the Act can be increased in line with indexation, thereby supporting the payment of scholarships to students and facilitating the provision of higher education. The amendment does not require a Regulatory Impact Statement, as it is considered to have a minor regulatory impact, and no consultation was undertaken as it does not create new rights or liabilities. The instrument is compatible with human rights, particularly the right to education as outlined in Article 13 of the International Covenant on Economic, Social and Cultural Rights, by enabling increased scholarship payments that support higher education accessibility.

Scope and Application

The Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2022 amends the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 under subsection 46-40(3) of the Higher Education Support Act 2003. This amendment pertains to the maximum payments made under Part 2-4 of the Act, specifically increasing the maximum payment amounts for the years 2022 and 2023 to account for indexation. The Act applies to the Commonwealth Minister for Education, who is responsible for making the determination under section 46-40 of the Act. The determination affects payments made for Commonwealth scholarships in higher education institutions, ensuring that scholarship payments can be adjusted in line with inflation. The Amendment Instrument, which commences on the day after its registration on the Federal Register of Legislation, does not extend to creating new rights or liabilities but serves as a technical step to enable the indexed payments. The amendment is compatible with human rights as it supports the right to education by facilitating the payment of scholarships to students, thereby promoting access to higher education.

Key Provisions

The Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2022 amends the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020, specifically increasing the maximum payment amounts under Part 2-4 of the Higher Education Support Act 2003 for the years 2022 and 2023. Section 1 of the Amendment Instrument provides the official name of the instrument, while Section 2 specifies that it commences the day after its registration on the Federal Register of Legislation. The authority for making this amendment is derived from section 46-40 of the Higher Education Support Act 2003, as detailed in Section 3. Section 4 clarifies that the Schedules of the Amendment Instrument have effect according to their terms, specifically to amend the Principal Instrument. The obligations imposed by this Amendment Instrument on the parties or entities it governs primarily concern the maximum payment limits for Commonwealth scholarships. As outlined in Schedule 1, Item 1 amends the total payments for 2022 to not exceed $1,074,000,000, and Item 2 amends the total payments for 2023 to not exceed $1,112,000,000. These adjustments account for indexation, ensuring that the payment limits for scholarships are updated to reflect changes in economic conditions. These provisions aim to maintain the purchasing power of scholarship payments and support higher education providers and students. The Amendment Instrument does not explicitly outline offences, penalties, or consequences for breaches. However, any failure to comply with the payment limits set out in the Amendment Instrument could potentially lead to legal consequences under the Higher Education Support Act 2003, including financial penalties and enforcement actions. The specific penalties would depend on the nature and severity of the breach, as determined by the relevant authorities. The determination is compatible with human rights as it supports the right to education by facilitating increased scholarship payments. The Amendment Instrument engages with Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which provides for the right to education. By increasing scholarship payments in line with indexation, the Amendment Instrument helps ensure that higher education remains accessible and affordable for students, thereby upholding the principles of the ICESCR.

Legal classification tags

Area of Law
Education Law
Instrument
Amending Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Indexation
Regulatory Impact

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.