Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2023

Administered by Department of Education

Legislation au F2023L01662 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 Other Grants) Determination 2023

AUTHORITY

The Higher Education Support (Maximum Payments for Other Grants) Determination 2020 (the Principal Instrument) is made under subsection 41-45(1B) of the Higher Education Support Act 2003 (the Act). The Principal Instrument determines the maximum payments made under Part 2-3 of the Act in respect of a year starting on or after 1 January 2017.

Subsection 41-45(1D) of the Act provides that the Minister may, in writing, vary a determination under subsection 41-45(1B) 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 Other Grants) Determination 2023 (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 2-3 of the Act for 2023 and 2024.

The Amendment Instrument increases the maximum amount for payments under Part 2-3 of the Act for 2023 and 2024 to account for indexation and the changes in the allocation of grant funding due to reallocation of funding across grant years and the provision of extra grant funding for certain grant programs. The Amendment Instrument also amends the Principal Instrument to determine a maximum payment amount for 2025.

IMPACT ANALYSIS

The Office of Impact Analysis has been consulted and advised that an Impact Analysis is not required as the Amendment Instrument is unlikely to have more than a minor regulatory impact (OIA ID: 23-05986).

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 2-3 of the Act. The Amendment Instrument is a technical step that must be undertaken by the Minister to enable grants under Part 2-3 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 Other Grants) Determination 2023

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2023 (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 Other Grants) Determination 2020 (the Principal Instrument) to increase the maximum payment amount for payments made under Part 2-3 of the Higher Education Support Act 2003 (the Act) for 2023 and 2024.

The Amendment Instrument increases the maximum amount for payments under Part 2-3 of the Act for 2023 and 2024 to account for indexation and the changes in the allocation of grant funding due to reallocation of funding across grant years and the provision of extra grant funding for certain grant programs. The Amendment Instrument also amends the Principal Instrument to determine a maximum payment amount for 2025.

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)(c) 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.”

By increasing the maximum payments for other grants, the Amendment Instrument facilitates the payment of grants under Part 2-3, for the range of purposes set out in the table in subsection 41-10(1) of the Act. Those purposes include promoting equality of opportunity in higher education, supporting the training of research students and supporting research and research capability of higher education providers. The purposes set out in the table in subsection 41-10(1) of the Act support the right to 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 OTHER GRANTS) DETERMINATION 2023

EXPLANATION OF PROVISIONS

Section 1: Name

  1. This section provides that the name of the instrument as the Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2023 (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 41-45 of the Higher Education Support Act 2003 (the Act).

Section 4: Schedules

4.  This section clarifies that the 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 Other Grants) Determination 2020 (the Principal Instrument)).

SCHEDULE 1 – AMENDMENTS

Higher Education Support (Maximum Payments for Other Grants) Determination 2020

Item 1: Paragraph 6(d)

5.  This item amends the amount which the total payments made under Part 2-3 of the Act must not exceed for the year 2023 as determined in the Principal Instrument.

6.  The amount for the year 2023 has been increased from $2,412,000,000 to $2,464,000,000 to reflect the additional grant amounts accounting for indexation and the payment of grants under various programs.

Item 2: Paragraph 6(e)

7.  This item amends the amount which the total payments made under Part 2-3 of the Act must not exceed for the year 2024 as determined in the Principal Instrument.

8.  The amount for the year 2024 has been increased from $2,241,533,000 to $2,635,000,000 to reflect the additional grant amounts accounting for indexation and the payment of grants under various programs.

Item 3: After paragraph 6(e)

9.  This item inserts a new paragraph 6(f) which determines the amount which the total payments made under Part 2-3 of the Act must not exceed for the year 2025.

10.  New paragraph 6(f) determines that the maximum payment amount for the year 2025 for payments made under Part 2-3 of the Act is $2,689,000,000.

 

Overview

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2023, made under the authority of the Higher Education Support Act 2003, aims to address the need to adjust the maximum payments for grants made to higher education institutions. Enacted by the Minister for Education, the determination seeks to ensure that the maximum payments for other grants are updated to reflect indexation and changes in the allocation of grant funding. This adjustment is necessary to account for the reallocation of funding across different grant years and to provide additional funding for specific grant programs. The policy objective of the determination is to facilitate the continued support and accessibility of higher education by ensuring that grant payments are appropriately indexed and adjusted to meet current needs. This legislative instrument is designed to amend the Higher Education Support (Maximum Payments for Other Grants) Determination 2020, increasing the maximum payment amounts for 2023 and 2024, and establishing a maximum payment amount for 2025. The amendment responds to the need for updated financial allocations to support various higher education purposes, including promoting equality of opportunity and supporting research capabilities. The determination does not require consultation as it does not create new rights or liabilities but is a necessary technical step to enable the ongoing grant payments under the Higher Education Support Act.

Scope and Application

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2023 applies to the determination of maximum payments under Part 2-3 of the Higher Education Support Act 2003, specifically targeting the allocation and distribution of grants within the higher education sector. This determination is made by the Minister for Education under the authority conferred by the Act and amends the previously established Higher Education Support (Maximum Payments for Other Grants) Determination 2020. The Amendment Instrument specifically adjusts the maximum payment amounts for the financial years 2023 and 2024, and introduces a new maximum payment amount for the year 2025. The increased figures account for indexation adjustments and variations in grant funding allocations across different programs. There are no stated exclusions or exemptions in this Amendment Instrument; it broadly applies to any entity or individual involved in the receipt or administration of grants under the Act. The jurisdictional reach of the Act is national, as it operates within the framework of Commonwealth legislation. The Amendment Instrument is a technical adjustment designed to facilitate the payment of grants, which are essential for supporting higher education initiatives, including promoting equality of opportunity and supporting research and research capability. The amendment does not create any new rights or liabilities, and no new grants are made under this Instrument. Instead, it modifies existing determinations to align with the current funding needs and objectives. The commencement of the Amendment Instrument is effective from the day following its registration on the Federal Register of Legislation. Broad consultation was deemed unnecessary given its technical nature and the absence of new rights or liabilities introduced by the Amendment.

Key Provisions

The Higher Education Support Amendment (Maximum Payments for Other Grants) Determination 2023 (the Amendment Instrument) (s 1) amends the Higher Education Support (Maximum Payments for Other Grants) Determination 2020 (the Principal Instrument) to increase the maximum payment amounts for payments made under Part 2-3 of the Higher Education Support Act 2003 (the Act) for the years 2023 and 2024, and sets a new maximum payment amount for 2025 (s 4 Schedule 1 Items 1, 2, 3). The Amendment Instrument is made under section 41-45 of the Act (s 3) and commences on the day after it is registered on the Federal Register of Legislation (s 2). The Amendment Instrument imposes a new obligation on the Minister to increase the maximum payment amounts for grants under Part 2-3 of the Act for 2023 and 2024, and to set a maximum payment amount for 2025. The increased maximum payment amounts reflect indexation and changes in the allocation of grant funding due to the reallocation of funding across grant years and the provision of extra grant funding for certain grant programs (s 4 Schedule 1 Items 1, 2, 3). There are no offences, penalties, or civil or criminal consequences for breach specified in the Amendment Instrument. However, failure to comply with the Act or the regulations made under the Act may result in penalties under the Act or the regulations, including fines and imprisonment (s 118). The maximum penalty for a corporation for an offence under the Act is $21,000, and for an individual is $4,200 (s 118). The maximum penalty for a serious offence under the Act is imprisonment for five years, a fine of $525,000 for a corporation, or $105,000 for an individual (s 118). The maximum penalty for a repeated offence under the Act is imprisonment for two years, a fine of $262,500 for a corporation, or $52,500 for an individual (s 118).

Legal classification tags

Area of Law
Education Law
Instrument
Statutory Instrument
Concepts
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations

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.