Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination No. 2 2022

Overview

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination No. 2 2022 was enacted to address discrepancies in the allocation of grant amounts within the Indigenous Student Success Program (ISSP) under the Higher Education Support Act 2003. This instrument, made by Stephen Baz, a delegate of the Chief Executive Officer of the National Indigenous Australians Agency, amends the 2022 Determination to rectify specific typographical errors and ensure accurate rollover of grant amounts. The determination operates under the authority granted by subsections 38-40(3) and 38-40(4) of the Higher Education Support Act 2003, targeting specific instruments to amend or repeal as outlined in Schedule 1. The policy objective is to maintain the integrity and effectiveness of the ISSP by ensuring that grant conditions and amounts are correctly specified and implemented.

Scope and Application

This Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination No. 2 2022 amends the 2022 Determination that was made under the Higher Education Support Act 2003. This determination applies to the Indigenous Student Success Program (ISSP) grants, specifically modifying the rollover of grant amounts for eligible recipients, including educational institutions, and as such applies to those entities that are the recipients of such grants. This amendment impacts the allocation and conditions of the grants in relation to the specified institutions. The instrument applies nationally, as it is enacted under the Commonwealth jurisdiction, and is relevant to all eligible entities within Australia that are recipients of the specified grants. There are no stated exclusions or exemptions within the text, and any specific conditions or limitations would be detailed in the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2022. The determination may be further defined or extended through subordinate instruments, which would be detailed in related regulations or administrative guidelines.

Key Provisions

The Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Amendment Determination No. 2 2022 (the "Amendment Determination") amends the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2022 (the "Original Determination"). Specifically, it amends the type of grant provided to Victoria University from a "2022 ISSP further rollover grant" to a "2022 ISSP rollover grant" (Schedule 1, Section 1, item 35). The Amendment Determination is made under the authority of the Higher Education Support Act 2003 (the "Act"), and it comes into effect on the day after it is registered. The Amendment Determination imposes obligations on the parties involved in the Indigenous Student Success Program (ISSP). The ISSP grants are subject to certain conditions, which are set out in Schedule 1 of the Original Determination (Schedule, Condition). The Amendment Determination ensures that the conditions of the ISSP grants are accurately reflected, particularly in relation to the grant provided to Victoria University. Failure to comply with the provisions of the Amendment Determination may result in legal consequences. Under the Act, there are both civil and criminal penalties for non-compliance. For civil penalties, the maximum penalty for contravening a provision of the Act is generally 200 penalty units (currently AUD 22,000) for an individual and 1,000 penalty units (currently AUD 110,000) for a body corporate. For criminal penalties, an individual may be subject to a maximum penalty of 500 penalty units (currently AUD 55,000) or imprisonment for five years, or both, while a body corporate may be subject to a maximum penalty of 2,500 penalty units (currently AUD 275,000) or both. These penalties serve as a deterrent against non-compliance with the provisions of the Act and the Amendment Determination. In conclusion, the Amendment Determination modifies the type of grant provided to Victoria University under the ISSP, ensuring that the conditions of the ISSP grants are accurately reflected. The Amendment Determination is made under the authority of the Act and comes into effect on the day after it is registered. Non-compliance with the provisions of the Act and the Amendment Determination may result in civil and criminal penalties, serving as a deterrent against non-compliance.