Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2025

Administered by Department of Education

Legislation au F2025L01534 Not in force Legislative Instrument

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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 2025

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 2025 (the Amendment Instrument) relies on that provision.

PURPOSE AND OPERATION

The Amendment Instrument amends the Principal Instrument to include a maximum payment amount for payments made under Part 2-4 of the Act for 2027.

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 2025

The Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2025 (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 introduce a maximum payment amount for payments made under Part 2-4 of the Higher Education Support Act 2003 (the Act) for 2027.

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

The Amendment Instrument promotes the right to education contained in Article 13 of the ICESCR. 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. Part 2-4 of the Act authorises the provision of grants for scholarships. These grants may be allocated to higher education providers for the purpose of awarding scholarships to students to support their education, or they may be paid directly to students as scholarships. Therefore, the determination of the maximum payment amount for 2027 in the Amendment Instrument will help support the payment of scholarships to students and support the provision of higher education.

Conclusion

The Amendment 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 2025

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 2025 (the Amendment Instrument).

Section 2: Commencement

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

Section 3: Authority

  1.   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

  1.   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(f)

  1.   This item makes a minor change to paragraph 6(f) of the Principal Instrument to remove the ‘and’ in the paragraph, to reflect the inclusion of a new paragraph in item 3.

 

 

Item 2: Paragraph 6(g)

  1.   This item makes a minor change to paragraph 6(g) of the Principal Instrument to insert an ‘and’ and change the punctuation in the paragraph, to reflect the inclusion of a new paragraph in item 3.

Item 3: After paragraph 6(g)

  1.   This item inserts a new paragraph 6(h) which determines the amount which the total payments made under Part 2-4 of the Act must not exceed for the year 2027.
  2.   New paragraph 6(h) determines that the maximum payment amount for the year 2027 for payments made under Part 2-4 of the Act is $1,274,000,000.

 

Overview

The Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2025 was enacted to amend the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020, ensuring the continued provision of scholarship funding within the framework of the Higher Education Support Act 2003. This determination was introduced by the Minister for Education, the Hon Jason Clare MP, under the authority granted by section 46-40(3) of the Higher Education Support Act 2003. The primary objective of this amendment is to establish a maximum payment amount for scholarships under Part 2-4 of the Act for the year 2027, thus facilitating the ongoing support of higher education through scholarship funding. The determination came into effect on the day after its registration on the Federal Register of Legislation, and it does not require broad consultation as it does not create new rights or liabilities but serves as a necessary technical step for enabling scholarship grants. The amendment is also consistent with human rights, particularly the right to education as articulated in Article 13 of the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2025 amends the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 to introduce a maximum payment amount for payments made under Part 2-4 of the Higher Education Support Act 2003 for the year 2027. This amendment applies to entities and individuals involved in the provision or receipt of Commonwealth scholarships, such as higher education providers and students. The Amendment Instrument is applicable nationally as it is a Commonwealth instrument and extends the application of the Higher Education Support Act 2003 by determining the maximum payments for Commonwealth scholarships. There are no exclusions or exemptions specified within this Amendment Instrument; however, the principal instrument it amends may include certain exclusions. The Amendment Instrument is a technical measure that facilitates the ongoing operation of the Act by setting financial limits for scholarship payments, and it does not create new rights or liabilities. The commencement of the Amendment Instrument is on the day after it is registered on the Federal Register of Legislation.

Key Provisions

The main operative sections of the Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2025 (section 1) establish the name of the instrument, while section 2 specifies that it commences the day after it is registered on the Federal Register of Legislation. Section 3 confirms the authority under which the Minister for Education has made this amendment, relying on section 46-40 of the Higher Education Support Act 2003. The most substantive changes are found in the Schedule, particularly item 3, which introduces a new paragraph 6(h) setting the maximum payment amount for 2027 at $1,274,000,000 for payments made under Part 2-4 of the Act. The obligations imposed by the Amendment Instrument are primarily technical in nature. The Minister must ensure the Amendment Instrument is registered on the Federal Register of Legislation to effect its commencement (section 2). The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 is amended to include this new maximum payment amount for 2027, ensuring that any payments made under Part 2-4 of the Higher Education Support Act 2003 for that year do not exceed the stipulated amount (Schedule 1, item 3). This amendment is a necessary step to enable the continuation of scholarship payments and support for higher education in line with the Act’s provisions. Regarding offences, penalties, or consequences for breach, the Determination itself does not explicitly detail these; however, the overarching framework of the Higher Education Support Act 2003 would apply. Under the Act, non-compliance with the provisions could lead to penalties, which may include financial penalties or other administrative actions as deemed appropriate by the relevant authorities. The exact penalties would depend on the nature and severity of the breach, but the overarching intent is to ensure that scholarship payments remain within the authorised limits set by the Act.

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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.