Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2016

Administered by Department of Education

Legislation au F2016L01998 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Determination made under section 46-40 of the Higher Education Support Act 2003

 

Issued by the authority of the Minister for Education and Training

 

Subject:  Higher Education Support Act 2003 (Act)

Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2016 (Determination)

 

Authority

Subsections 46-40(2), (3) and (4) of the Act provide that, the Minister may, by legislative instrument, determine the total payments made under Part 2-4 in respect of a year starting on or after 1 January 2013 but before 1 January 2017 and the Minister must determine, by legislative instrument, the total payments made under that Part in respect of a year starting on or after 1 January 2017 before the start of that year.

 

The Determination revokes the previous determination, the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015 as amended. Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Purpose

The Determination:

 

  • revokes the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015 as amended; and

 

  • sets out the maximum amount of all payments for Commonwealth Scholarships for the 2016 to 2020 calendar years.

 

Compared to the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015, this instrument increases the maximum total payments to be made under Part 2-4 for Commonwealth Scholarships, retaining the maximum amount for 2016, increasing the maximum amount for 2017 to 2019, and providing a maximum amount for 2020.

 

The maximum amount of payments for Commonwealth Scholarships for 2016 and 2017 reflect the current legislated program arrangements under the Act.

 

The amounts determined for 2017 to 2020 are expressed with the 2017 indexation factor applied. The indexation factors for 2018 to 2020 are yet to be determined.

 

Consultation

 

Consultation was not undertaken as the Determination implements a Government decision announced in the 2016–17 Budget.

 

Commencement

The Determination is a Legislative Instrument under the Legislation Act 2003. The instrument takes effect the day after it is registered on the Federal Register of Legislation.

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2016

 

This Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2016 (Determination) is compatible with 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

 

Subsections 46-40(2), (3) and (4) of the Higher Education Support Act 2003 (Act) provides that, the Minister may, by legislative instrument, determine the total payments made under Part 2-4 in respect of a year starting on or after 1 January 2013 but before 1 January 2017 and the Minister must determine, by legislative instrument, the total payments made under that Part in respect of a year starting on or after 1 January 2017 before the start of that year.

 

The Determination: 

  • revokes the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015 as amended; and
  • sets out the maximum amounts of all grants for Commonwealth Scholarships for the 2016 to 2020 calendar years.

 

Human Rights implications

 

Right to Education

 

The Determination engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights.

 

The Minister has the power to determine a maximum amount payable for Commonwealth Scholarships for the 2016 calendar year that differs from that already prescribed in the table in subsection 46‑40(1) of the Act. The Minister is required to determine the maximum amounts payable for the 2017 to 2020 calendar years. By doing so, the determination will support the payments of the Commonwealth Scholarships in accordance with the table in subsection 46-40(1) of the Act. As the purposes of the Commonwealth Scholarships include the payment of scholarships to students either directly, indirectly or for post graduate research scholarships, the Determination enables access to education and therefore is compatible with human rights. The maximum amounts are capped having regard to reasonable, necessary and proportionate constraints on spending.

 

This Determination is compatible with human rights because it provides clarity and surety of funding for programs that support access and equality in higher education.

 

Conclusion

 

This Determination enables access to education and is compatible with human rights.

 

Senator the Hon Simon Birmingham, Minister for Education and Training

 

Overview

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2016 was enacted to address the need for updating the maximum payments for Commonwealth Scholarships as mandated by the Higher Education Support Act 2003. This legislative instrument, issued by the authority of the Minister for Education and Training, serves to revoke the previous 2015 determination and establish new maximum payment limits for the 2016 to 2020 calendar years. The primary objective of this determination is to ensure the availability of adequate funding for Commonwealth Scholarships, thereby facilitating access to higher education for eligible students and supporting educational equity. By setting these limits, the government aims to provide clarity and assurance in funding for scholarship programs, ultimately enhancing opportunities for students in pursuit of higher education.

Scope and Application

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2016 applies to the maximum payments for Commonwealth Scholarships under the Higher Education Support Act 2003, specifically for the 2016 to 2020 calendar years. This Determination, issued by the authority of the Minister for Education and Training, revokes the previous determination of 2015 and sets new maximum amounts for scholarship payments, reflecting the current program arrangements and including indexation factors for subsequent years. The Determination applies nationally across Australia, as it pertains to the Commonwealth's legislative framework. The scope of the Determination is limited to the financial parameters of Commonwealth Scholarships and does not extend to other forms of financial assistance or education funding. The Determination does not specify exclusions or exemptions but adheres to the constraints imposed by the Act, ensuring that the maximum payments are reasonable, necessary, and proportionate. Subordinate instruments may further detail or adjust these maximum payments, subject to the provisions of the Higher Education Support Act 2003.

Key Provisions

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2016 (Determination) sets out the maximum payments for Commonwealth Scholarships for the years 2016 to 2020. This Determination is issued under the authority of the Minister for Education and Training, pursuant to subsections 46-40(2), (3) and (4) of the Higher Education Support Act 2003 (Act). It revokes the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2015 as amended and establishes the maximum total payments for Commonwealth Scholarships for each specified year. The maximum payments for 2016 and 2017 align with current legislated program arrangements, while the amounts for 2017 to 2020 include an indexation factor for 2017, with the factors for 2018 to 2020 yet to be determined. The Determination imposes a specific obligation on the Minister to set the maximum payments for Commonwealth Scholarships for each of the years 2017 to 2020 before the start of each respective year. This ensures that there is clarity and predictability in funding for Commonwealth Scholarships, facilitating planning and budgeting by educational institutions and scholarship recipients. The Minister is also required to ensure that the maximum payments are reasonable, necessary, and proportionate, taking into account budgetary constraints and the overall objectives of the Higher Education Support scheme. Failure to comply with the provisions of the Determination could potentially lead to a breach of the statutory obligations under the Higher Education Support Act 2003. However, the Determination itself does not explicitly state any specific offences, penalties, or consequences for non-compliance. Penalties or consequences would likely be addressed under the overarching Higher Education Support Act, which may include administrative actions, financial penalties, or other corrective measures to ensure compliance with the legislative requirements. The Act provides a framework for the administration and enforcement of the scholarship payments, ensuring that the provisions of the Determination are adhered to effectively.

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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.