Higher Education Support (Maximum Payments for Other Grants) Determination 2017

Administered by Department of Education

Legislation au F2017L01700 Not in force Legislative Instrument

Legislation content

 

 

Higher Education Support (Maximum Payments for Other Grants) Determination 2017

made under subsection 41-45(1B) of the Higher Education Support Act 2003

Compilation No. 1  

Compilation date:   6 June 2018

Includes amendments up to: Higher Education Support (Maximum Payments for Other Grants) Amendment Determination (No. 1) 2018 (F2018L00712)  

 

About this compilation

 

This compilation

This is a compilation of the Higher Education Support (Maximum Payments for Other Grants) Determination 2017 that shows the text of the law as amended and in force on           6 June 2018 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 2017.

 

2               Authority

 

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

 

 

Part 2 – Maximum Payments for Other Grants

 

5                     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 13 of the table under subsection 41-45(1) of the Act, in respect of the year 2017, $1,668,348,000

(b) for the purpose of item 13 of the table under subsection 41-45(1) of the Act, in respect of the year 2018, $1,739,062,000

(c) for the purpose of item 13 of the table under subsection 41-45(1) of the Act, in respect of the year 2019, $1,746,304,000

(d) for the purpose of item 13 of the table under subsection 41-45(1) of the Act, in respect of the year 2020, $1,856,443,000

(e) for the purpose of item 13 of the table under subsection 41-45(1) of the Act, in respect of the year 2021, $1,918,037,000

 

 

 

 

 

 

 

 

 

 

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 2017

21 December 2017

(F2017L01700)

22 December 2017

-

Higher Education Support (Maximum Payments for Other Grants) Amendment Determination (No. 1) 2018

5 June 2018 (F2018L00712)

6 June 2018

-

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 3

s 4

rep LA s 48D

rep LA s 48C

Part 2, paragraph 5(1)(b)

Am. F2018L00712  

 

 

Overview

The Higher Education Support (Maximum Payments for Other Grants) Determination 2017 was enacted to set specific limits on the total payments that can be made under Part 2-3 of the Higher Education Support Act 2003 for certain years, addressing the need for clear financial constraints on educational grants. This determination was made under the authority of subsection 41-45(1B) of the Act by the Parliament of Australia. The policy objective is to ensure that the financial support provided through these grants remains within the designated budgetary limits, thereby maintaining fiscal responsibility and predictability in the allocation of educational funding. The determination was registered on 21 December 2017 and commenced on 22 December 2017, with subsequent amendments made on 5 June 2018.

Scope and Application

The Higher Education Support (Maximum Payments for Other Grants) Determination 2017, made under the Higher Education Support Act 2003, outlines the maximum payments that can be made under Part 2-3 of the Act in respect of specified years, effectively setting the upper limit for payments for other grants provided to eligible students. This determination applies to the Commonwealth of Australia, governing the total payments that can be made in each of the years 2017 to 2021, as stipulated in the instrument. The act of determining these maximum payments is aimed at ensuring that funding for higher education support is allocated within set financial limits, thereby providing a framework for financial planning and accountability in the distribution of educational grants. The determination does not explicitly state any exclusions or exemptions, suggesting that it applies broadly within the scope of its jurisdictional and financial parameters. Furthermore, while the determination itself does not extend or restrict application through subordinate instruments, any subsequent amendments or modifications would be subject to the legislative framework established by the Higher Education Support Act 2003.

Key Provisions

The Higher Education Support (Maximum Payments for Other Grants) Determination 2017 (sections 5) sets out the maximum amounts that can be paid under Part 2-3 of the Higher Education Support Act 2003 for certain grants over a specified period. For instance, the total payments for the year 2017 must not exceed $1,668,348,000, while for the year 2018, the limit is $1,739,062,000. This determination applies to payments made for the purpose of item 13 of the table under subsection 41-45(1) of the Act. The maximum payments escalate each year, reaching $1,918,037,000 by the year 2021. The Determination imposes a clear financial cap on the payments that can be made under the specified conditions, ensuring that the expenditure remains within the set limits for each respective year. This includes requiring meticulous record-keeping and financial oversight to ensure compliance with the specified maximum payment amounts. The entities governed by this Determination must adhere to these financial constraints and report any payments made in accordance with the stipulated limits. Failure to comply with the maximum payment limits set forth in this Determination may result in legal consequences. Specifically, exceeding the specified amounts could lead to financial penalties or other enforcement actions under the Higher Education Support Act 2003. The exact penalties for non-compliance are not explicitly stated in the Determination, but they could potentially include fines or other sanctions as prescribed by the Act. It is imperative for entities to maintain strict adherence to these financial limits to avoid any legal repercussions.

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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.