Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination (No. 2) 2020

Overview

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination (No. 2) 2020 was enacted to amend the existing determinations governing the rollover of unspent grant amounts within the Indigenous Student Success Program. This legislative instrument addresses the need to update and clarify the financial provisions for unspent grant amounts under the program. The determination was made by Stephen Baz, a delegate of the Chief Executive Officer of the National Indigenous Australians Agency, under the authority provided by paragraph 38-40(3)(b) of the Higher Education Support Act 2003. The primary policy objective of this amendment is to ensure that the financial provisions for unspent grant amounts are accurately reflected and managed within the Indigenous Student Success Program, thereby supporting the continued success and participation of Indigenous students in higher education.

Scope and Application

This determination, the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination (No. 2) 2020, pertains specifically to the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 4) 2020, amending the specified instrument. It is made under the authority of paragraph 38-40(3)(b) of the Higher Education Support Act 2003. The amendment affects the amount of unspent grant amounts for the Indigenous Student Success Program, setting it at $66,900. The determination applies to the relevant entities and programs governed by the Higher Education Support Act 2003, focusing on ensuring financial provisions are correctly allocated and managed within the Indigenous Student Success Program. The amendment is effective from the day after it is registered, thereby impacting the financial planning and administration of higher education support grants for Indigenous students across the Commonwealth. There are no stated exclusions, exemptions, or specific geographic restrictions in this determination, and its application is confined to the scope of the Higher Education Support Act 2003.

Key Provisions

The main operative sections of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination (No. 2) 2020 pertain to the amendment of the previously established determination (paragraph 5(b) of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 4) 2020). Specifically, the amendment replaces the existing unspent grant amount with a new figure of $66,900 (Schedule 1, item 1). This change is effective from the day after the instrument is registered, which is detailed in section 2 of the determination. The Act imposes several obligations on the entities governed by it. Primarily, institutions or entities that have unspent grant amounts under the Indigenous Student Success Program are now required to rollover the specific amount of $66,900 as stipulated by the amendment. This requirement ensures that these entities adhere to the financial parameters set forth by the determination, thereby maintaining the integrity of the funding process. Additionally, any reporting or documentation related to the rollover of these grant amounts must reflect this new figure to comply with the legislative requirements. In terms of legal consequences, breaches of the provisions outlined in the amendment determination could lead to various penalties or consequences. Although the specific penalties are not detailed in the determination, breaches of similar legislative provisions generally attract civil or criminal penalties under the Higher Education Support Act 2003. These could include fines or other sanctions, depending on the severity and intent of the breach. The precise penalties would be subject to the specific circumstances and the discretion of the courts or relevant authorities.