Higher Education Support (Maximum Payments for Other Grants) Determination 2016

Administered by Department of Education

Legislation au F2016L01996 Not in force Legislative Instrument

Legislation content

 

 

Higher Education Support (Maximum Payments for Other Grants) Determination 2016

made under subsections 4145(1A) and (1B) of the

Higher Education Support Act 2003

Compilation No. 1 

Compilation date:   9 September 2017

Includes amendments up to: Higher Education Support (Maximum Payments for Other Grants) Determination (Amendment) 2017 [F2017L01146]

 

About this compilation

 

This compilation

This is a compilation of the Higher Education Support (Maximum Payments for Other Grants) Determination 2016 that shows the text of the law as amended and in force on 09/09/17 (the compilation date).

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 the Legislation Register (www.legislation.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 the Legislation Register 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 the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

 

This determination is the Higher Education Support (Maximum Payments for Other Grants) Determination 2016.

 

2               Authority

 

This determination is made under subsections 41-45(1A) and (1B) of the Act.

 

3               Commencement

 

This determination commences on the day after it is registered on the Federal Register of Legislation.

 

4               Revocation

 

The Higher Education Support (Maximum Payments for Other Grants) Determination 2015 (No. 1) is revoked with effect from the date of the commencement of this instrument.

 

5               Definition

 

In this Determination:

 

Act means the Higher Education Support Act 2003.

 

 

 

 

Part 2 – Maximum Payments for Other Grants

 

6               Determination of the maximum payments

 

(1) The total payments made under Part 2-3 of the Act in respect of a year referred to below must not exceed the amount specified:

 

(a) for the purpose of item 12 of the table under subsection 41-45(1) of the Act, in respect of the year 2016, $2,241,956,000

(b) for the purpose of item 13 of the table under subsection 41-45(1) of the Act, in respect of the year 2017, $1,668,348,000

(c) for the purpose of item 13 of the table under subsection 41-45(1) of the Act, in respect of the year 2018, $1,816,308,000

(d) for the purpose of item 13 of the table under subsection 41-45(1) of the Act, in respect of the year 2019, $1,776,499,000

(e) for the purpose of item 13 of the table under subsection 41-45(1) of the Act, in respect of the year 2020, $1,867,614,000

 

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

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 abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /subsubparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Higher Education Support (Maximum Payments for Other Grants) Determination 2016

20 December 2016

(F2016L01996)

21 December 2016

The Higher Education Support (Maximum Payments for Other Grants) Determination 2015 (No.1) is revoked with effect from the date of the commencement of this instrument.

High Education Support (Maximum Payments for Other Grants) Determination (Amendment ) 2017

8 September 2017

(F2017L01146)

9 September 2017

-

 

Endnote 4—Amendment history

 

Provision affected

How affected

Paragraph 6(1)(b)

Paragraph 6(1)(c)

rs F2017L01146

rs F2017L01146

 

 

 

 

 

 

Overview

The Higher Education Support (Maximum Payments for Other Grants) Determination 2016 was introduced to set the maximum payments for other grants under the Higher Education Support Act 2003. This legislative instrument was enacted to ensure that the financial support provided to students and institutions through the Higher Education Support Act remains within specified limits, thereby maintaining the sustainability of the higher education system. The Determination is made under the authority of subsections 41-45(1A) and (1B) of the Act and was established by the Australian Parliament. The policy objective is to establish clear and consistent limits on financial support to ensure that the system remains equitable and manageable within the broader fiscal framework. The Determination specifies the maximum payments that can be made for other grants for specific years, starting from 2016 through to 2020, to ensure fiscal responsibility and transparency in the allocation of funds. This legislative instrument helps to address potential gaps in financial oversight and ensures that the funding for higher education is appropriately controlled and monitored.

Scope and Application

The Higher Education Support (Maximum Payments for Other Grants) Determination 2016, made under subsections 41-45(1A) and (1B) of the Higher Education Support Act 2003, establishes the maximum payments allowed for other grants under the Act for specific years, effective from the day after its registration on the Federal Register of Legislation. This determination revokes the Higher Education Support (Maximum Payments for Other Grants) Determination 2015 (No. 1) from the date of its commencement. It sets out the specific maximum payment amounts for the years 2016 to 2020, ensuring compliance with the financial caps outlined in the Act. The determination applies to entities and individuals involved in making payments under Part 2-3 of the Higher Education Support Act 2003, primarily targeting the higher education sector in Australia. The geographical reach of this determination is national, aligning with the jurisdiction of the Commonwealth in educational governance. Any uncommenced amendments affecting the law are accessible on the Legislation Register, though they are not reflected in this compilation. The compiled law operates as modified by other laws but does not amend the text of the law.

Key Provisions

The Higher Education Support (Maximum Payments for Other Grants) Determination 2016 sets out the maximum payments that can be made for other grants under the Higher Education Support Act 2003. Section 6 specifies the maximum payments for certain years: for 2016, the maximum is $2,241,956,000; for 2017, it is $1,668,348,000; for 2018, it is $1,816,308,000; for 2019, it is $1,776,499,000; and for 2020, it is $1,867,614,000. These figures are strictly adhered to in order to ensure that the total payments made under Part 2-3 of the Act do not exceed the specified amounts. The entities governed by this Determination, primarily the Commonwealth and educational institutions, are required to ensure that their payments do not surpass the stipulated maximums for the respective years. This involves meticulous record-keeping and reporting to comply with the financial limits set forth in the Act. The determination also requires adherence to any additional guidelines or conditions specified by the Department of Education and Training, which oversees the administration of these grants. Failure to comply with the provisions of this Determination can result in significant legal consequences. Breaches may be subject to scrutiny by the Department, potentially leading to financial penalties or other enforcement actions. While specific penalties are not detailed in the Determination itself, it is clear that any overpayments could be reclaimed by the Commonwealth, and entities may face administrative or legal penalties as outlined in the Higher Education Support Act 2003. The seriousness of these consequences underscores the importance of strict adherence to the specified maximum payment limits.

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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.