Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2017

Administered by Department of Education

Legislation au F2017L01702 Not in force Legislative Instrument

Legislation content

 

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 (the Act)

Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2017 (Determination)

 

Authority

Subsections 46-40(3) of the Act provide that, 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 2016 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 2016 as amended; and

 

  • sets out the maximum amount of all payments for Commonwealth Scholarships for the 2017 to 2021 calendar years.

 

Compared to the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2016, this instrument increases the maximum total payments to be made under Part 2-4 for Commonwealth Scholarships, retaining the maximum amount for 2017, increasing the maximum amount for 2018 to 2020, and providing a maximum amount for 2021.

 

The maximum amount of payments for Commonwealth Scholarships for 2017 and 2018 reflect the current legislated program arrangements under the Act.

 

The amounts determined for 2018 to 2021 are expressed with the 2018 indexation factor applied. The indexation factors for 2019 to 2021 are yet to be determined.

 

Consultation

 

Consultation was not undertaken on the Determination as it does not create new commitments, but implements Government decisions already announced.

 

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 2017

 

This Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2017 (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(3) and (4) of the Higher Education Support Act 2003 (the Act) provides that, the Minister must determine, by legislative instrument, the total payments made under Part 2-4 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 2016 as amended; and
     
  • sets out the maximum amounts of all grants for Commonwealth Scholarships for the 2017 to 2021 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 2017 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 2018 to 2021 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 grant measures in the Determination enable access to education and therefore is compatible with, and promotes, the right to education. The maximum amounts are capped having regard to reasonable, necessary and proportionate constraints on spending. The Determination is compatible with, and does not impermissibly limit, the right to education.

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 2017, issued under section 46-40 of the Higher Education Support Act 2003, was enacted to address the need for annual adjustments to the maximum payments for Commonwealth Scholarships, ensuring that the funding remains aligned with program requirements and economic conditions. This Determination, issued by the Minister for Education and Training, serves to revoke the previous year's determination and sets forth the updated maximum payments for Commonwealth Scholarships for the period from 2017 to 2021. The policy objective of this Determination is to provide clarity and surety of funding for Commonwealth Scholarships, thereby supporting access and equality in higher education by enabling students to pursue their academic goals. The Determination reflects the current legislated program arrangements and incorporates necessary indexation adjustments, thus facilitating the continued delivery of scholarship support in line with government priorities and fiscal constraints.

Scope and Application

The Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2017 is a legislative instrument issued under the Higher Education Support Act 2003. It applies to the Commonwealth of Australia and specifically concerns the maximum payments that can be made for Commonwealth Scholarships from 2017 to 2021. The Determination sets out the maximum total payments for these scholarships, replacing the previous 2016 determination and incorporating adjustments for subsequent years. It is designed to ensure that scholarship payments align with government funding decisions already announced. The Determination revokes the earlier Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2016 and specifies increased maximum amounts for the years 2018 to 2020, while maintaining the 2017 amount and providing an estimate for 2021. This legislative instrument takes effect the day after it is registered on the Federal Register of Legislation and does not require consultation as it does not create new commitments but rather implements existing government policy.

Key Provisions

The main operative sections of the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2017 (Determination) include sections 46-40(3) and (4) of the Higher Education Support Act 2003, which mandate that the Minister must determine, by legislative instrument, the total payments made under Part 2-4 in respect of a year starting on or after 1 January 2017 before the start of that year. The Determination revokes the previous Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2016 as amended and sets out the maximum amount of all payments for Commonwealth Scholarships for the 2017 to 2021 calendar years. The amounts determined for 2018 to 2021 are expressed with the 2018 indexation factor applied, while the indexation factors for 2019 to 2021 are yet to be determined. The obligations and requirements the Act imposes on the parties or entities it governs are primarily focused on the determination of maximum payments for Commonwealth Scholarships. The Minister for Education and Training is tasked with ensuring that the maximum payments for Commonwealth Scholarships are determined in accordance with the legislative requirements outlined in the Higher Education Support Act 2003. This includes revoking the previous Determination and setting out the new maximum amounts for the specified years. The Determination aims to provide clarity and surety of funding for programs that support access and equality in higher education. The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, any failure to comply with the legislative requirements of the Higher Education Support Act 2003 and the Determination could potentially result in legal actions or administrative consequences. The Determination's compatibility with human rights suggests that it is designed to support educational access and equality, thereby promoting the right to education as outlined in Article 13 of the International Covenant on Economic, Social and Cultural Rights. Any breach of these human rights considerations could also have legal or administrative repercussions, although the specific penalties are not detailed in the Determination itself.

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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.