Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2018

Overview

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2018 was made by Glen Hansen, a Delegate of the Secretary, and it was enacted to amend the existing Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2018. This amendment was introduced to address the need to update the list of eligible institutions for the Indigenous Student Success Program by including the University of Tasmania, thus ensuring broader participation and support for Indigenous students. This instrument was created under the authority of subsection 38-40(3) of the Higher Education Support Act 2003 and subsection 33(3) of the Acts Interpretation Act 1901. The policy objective behind this amendment is to enhance the support and opportunities for Indigenous students by ensuring that more universities are eligible to participate in the Indigenous Student Success Program, thereby improving educational outcomes for Indigenous students across Australia.

Scope and Application

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2018 applies to the rollover of grant amounts within the Indigenous Student Success Program, specifically amending the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2018. The amendment adds the University of Tasmania to the list of institutions eligible for rollover of grant amounts under the program, thereby extending its applicability to this particular institution. This determination is made under the authority of subsection 38-40(3) of the Higher Education Support Act 2003 and subsection 33(3) of the Acts Interpretation Act 1901, indicating its legislative basis and the jurisdictional reach within the Commonwealth of Australia. The amendment does not specify any exclusions, exemptions, or thresholds but modifies the original determination by incorporating the University of Tasmania into its scope. The instrument comes into effect on the day after it is registered, and its application is limited to the amendment of the specified determination as outlined in Schedule 1.

Key Provisions

The main operative sections of this legislation, the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination 2018, specify amendments to the original determination under the Higher Education Support Act 2003. Section 1 names the determination and section 2 outlines its commencement, effective the day after registration. Section 3 identifies the authority under which the determination is made, referencing subsection 38-40(3) of the Higher Education Support Act 2003 and subsection 33(3) of the Acts Interpretation Act 1901. The Schedules, particularly Schedule 1, detail the specific amendments, including the addition of the University of Tasmania to subparagraph 5(a)(iv). The obligations and requirements imposed by this Act pertain primarily to the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2018, specifically as it affects the University of Tasmania. The determination allows the University of Tasmania to rollover unexpended grant amounts for the Indigenous Student Success Program, aligning it with other institutions under the same scheme. This alignment ensures consistency in how rollover amounts are managed across participating institutions, promoting equitable access to funding for Indigenous students. The Act does not impose additional obligations beyond the specified amendments but mandates adherence to the new provisions once in effect. The legislation does not explicitly outline specific offences or penalties for breaches. However, non-compliance with the Higher Education Support Act 2003 or any related regulations could potentially lead to legal consequences. Typically, breaches of such legislative instruments may result in civil or criminal penalties, fines, or other enforcement actions as prescribed by the primary Act or related regulations. The exact nature and severity of these penalties would depend on the specific breach and the provisions of the overarching legislation.