EXPLANATORY STATEMENT
List prepared under section 41-50 of the Higher Education Support Act 2003
Issued by the authority of the Minister for Education
Subject:- Higher Education Support Act 2003
List of grants under Division 41 for 2014
Authority
Section 41-50 of the Higher Education Support Act 2003 (the Act) provides that before the start of a year, the Minister must cause a list to be prepared setting out the maximum amounts of all grants which may be paid in the following year for each purpose of grant specified in the table in section 41-10 of the Act.
Purpose
The list prepared in accordance with section 41-50 of the Act of Maximum Amounts of Grants which may be paid in 2014 for each purpose of grant specified in section 41-10 of the Act, sets out:
- the purpose of each grant specified in the table in section 41-10 of the Act;
- the maximum amounts of all grants for each purpose of grant for the 2014 calendar year.
Consultation
Consultation was not undertaken as amounts for other grants have been determined according to measures included in the Budget.
Commencement
The list is a Legislative Instrument under the Legislative Instruments Act 2003. The list takes effect the day after it is registered on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
List of Grants under Division 41
This Legislative Instrument 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
Subsection 41-50(1) of the Higher Education Support Act 2003 (the Act) provides that before the start of a year, the Minister must cause a list to be prepared setting out the maximum amounts of all Other Grants which may be paid in the following year for each purpose of grant specified in the table in section 41-10 of the Act.
The list sets out the purpose of each grant specified in the table in section 41-10 of the Act as well as the maximum amount of all grants for each purpose of grant for the 2014 calendar year.
Human Rights implications
Right to Education
The Instrument engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights.
In accordance with subsection 41-50(1) of the Act, the Minister must cause a list to be prepared to set out the maximum amounts of all Other Grants. By doing so, the Legislative Instrument will support the payments of the Other Grants for the purposes specified in the table in section 41-10 of the Act. As the purposes of the Other Grants include the promotion of equality of opportunity in higher education, the support of diversity and structural reform and the support of the training of research students (amongst other purposes) the Legislative Instrument enables access to education and therefore is compatible with human rights.
Conclusion
This Legislative Instrument is compatible with human rights.
The Hon Christopher Pyne MP, Minister for Education