Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015

Administered by Department of Education, Department of the Prime Minister and Cabinet

Legislation au F2015L00057 Not in force Legislative Instrument

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Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015

made under subsections 46-40(2) and (3) of the

Higher Education Support Act 2003

Compilation No. 1  

Compilation date:   7 August 2015

Includes amendments up to: Higher Education Support (Maximum Payments for Commonwealth Scholarships) Amendment Determination 2015 (No.1) (F2015L01232)

 

 

 

 

About this compilation

 

This compilation

This is a compilation of the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015 under subsections 46-40(2) and (3) that shows the text of the law as amended and in force on 7/08/15 (the compilation date).

This compilation was prepared on 27/08/2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

Part 1   Preliminary

1           Name

 

This instrument is the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015.

 

2 Authority

 

This instrument is made under subsections 46-40(2) and (3) of the Higher Education Support Act 2003.

 

3 Commencement

 

This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

4 Revocation

 

The Higher Education Support (Maximum Amounts for Commonwealth Scholarships) Determination 2013 (F2013L02164) is revoked.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part 2 Maximum Payments for Commonwealth Scholarships

 

5 Determination of the maximum payments

 

(i)                 For the purpose of item 12 of the table under subsection 46-40(1) of the Act, the maximum amount in respect of the year 2015 is $321,136,000.

(ii)               For the purpose of item 13 of the table under subsection 46-40(1) of the Act, the maximum amount in respect of the year 2016 is $326,497,000.

(iii)             For the purpose of item 14 of the table under subsection 46-40(1) of the Act, the maximum amount in respect of the year 2017 is $328,149,000.

(iv)             For the purpose of item 14 of the table under subsection 46-40(1) of the Act, the maximum amount in respect of the year 2018 is $329,417,000.

(v)               For the purpose of item 14 of the table under subsection 46-40(1) if the Act, the maximum amount in respect of the year 2019 is $329,417,000

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

A = Act

orig = original

ad = added or inserted

par = paragraph(s)/subparagraph(s)

am = amended

    /sub‑subparagraph(s)

amdt = amendment

pres = present

c = clause(s)

prev = previous

C[x] = Compilation No. x

(prev…) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

    effect

rs = repealed and substituted

F = Federal Register of Legislative Instruments

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LI = Legislative Instrument

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment

SR = Statutory Rules

mod = modified/modification

Sub‑Ch = Sub‑Chapter(s)

No. = Number(s)

SubPt = Subpart(s)

o = order(s)

underlining = whole or part not

Ord = Ordinance

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015

F2015L00057

20 January 2015

-

Higher Education Support (Maximum Payments for Commonwealth Scholarships) Amendment Determination 2015 (No.1)

F2015L01232

7 August 2015

-

Endnote 4—Amendment history

 

Provision affected

How affected

Paragraph 5

rs F2015l01232

 

 

 

 

 

 

 

 

 

Overview

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015 was made under subsections 46-40(2) and (46-40(3)) of the Higher Education Support Act 2003. This legislation was introduced to address the need for setting specific maximum payment amounts for Commonwealth scholarships, ensuring that the funds allocated for such scholarships are appropriately managed and utilised. The enactment of this determination was overseen by the Parliament of Australia, with the primary policy objective being to provide clear and updated guidelines for the maximum payments to be made in relation to Commonwealth scholarships. The determination specifically outlines the maximum amounts for the years 2015 to 2019, replacing the previous determination from 2013 and ensuring that the scholarship funding remains aligned with current fiscal and educational needs.

Scope and Application

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015, made under subsections 46-40(2) and (3) of the Higher Education Support Act 2003, sets the maximum payments for Commonwealth scholarships for the years 2015 to 2019. The instrument specifies the maximum amounts to be paid for scholarships in each of these years, namely $321,136,000 for 2015, $326,497,000 for 2016, $328,149,000 for 2017, and $329,417,000 for both 2018 and 2019. This determination applies to scholarship payments made under the Higher Education Support Act 2003 and supersedes the previous determination from 2013. The legislation is of Commonwealth jurisdiction, affecting entities and individuals involved in the administration and receipt of Commonwealth scholarships within Australia. The determination does not specify exclusions or exemptions, but its application is contingent on the provisions of the Higher Education Support Act 2003. The determination is subject to modification through subordinate instruments, as evidenced by the amendment made in 2015.

Key Provisions

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015, made under the Higher Education Support Act 2003, specifies the maximum payments for Commonwealth Scholarships for specific years. Specifically, section 5(i) sets the maximum payment for the year 2015 at $321,136,000, section 5(ii) sets it at $326,497,000 for the year 2016, section 5(iii) at $328,149,000 for the year 2017, section 5(iv) at $329,417,000 for the year 2018, and section 5(v) maintains the same amount for the year 2019. These determinations are crucial as they establish the financial ceiling for scholarship payments for each respective year, ensuring that the scholarship program operates within set budgetary constraints. The entities governed by this Act, primarily educational institutions and scholarship providers, are required to adhere to the specified maximum payment amounts for each year. They must ensure that their scholarship payments do not exceed the determined limits, which is vital for maintaining the financial integrity of the scholarship program. These institutions are also obligated to report their scholarship expenditures accurately to the relevant authorities to ensure compliance with the determinations. Failure to comply with the maximum payment limits set by this Determination can lead to various consequences. While the Determination itself does not explicitly list offences or penalties, breaches of the Higher Education Support Act 2003 or related regulations could result in legal actions. Potential penalties might include fines, corrective actions, or other enforcement measures as deemed appropriate by the relevant authorities. The exact penalties would depend on the specific nature of the breach and the provisions of the overarching 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.