Federal Register of Legislation - Australian Government

Primary content

Lists as made
This instrument varies the List of Maximum Grant Amounts under Division 41 for 2017 to: • set out each purpose of grant specified in the table in section 41-10 of the Act; • increase the maximum total payments for item 8 of the table in section 41-10 by bringing forward grant payment amounts allocated in the 2017-2018 budget for 2018 calendar year to the 2017 calendar year. The funds are required earlier to provide the Australian Mathematical Sciences Institute (AMSI) with sufficient funds to achieve the target of 1400 new industry based PhD internships over 4 years and greater engagement between universities and industry at a national scale; and • vary the maximum amounts of all grants for each purpose of grant for the 2017 calendar year.
Administered by: Education and Training
Registered 08 Sep 2017
Tabling HistoryDate
Tabled HR11-Sep-2017
Tabled Senate12-Sep-2017
Date of repeal 10 Sep 2017
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

EXPLANATORY STATEMENT

 

List varied under subsection 41-50(2) 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)

List of Maximum Grant Amounts (Amendment) under Division 41 for 2017 (the Amendment Instrument)

 

Authority

Subsection 41-50(1) of the Act provides that before the start of a year, the Minister must, by legislative instrument, 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. Subsection 41-50(2) provides that the Minister may, in writing, vary a list for a year at any time before the end of the year.

 

Purpose

The List of Maximum Grant Amounts (Amendment) under Division 41 for 2017 (Amendment Instrument) sets out:

  • each purpose of grant specified in the table in section 41-10 of the Act;
  • increases the maximum total payments for item 8 of the table in section 41-10 by bringing forward grant payment amounts allocated in the 2017-2018 budget for 2018 calendar year to the 2017 calendar year. The funds are required earlier to provide the Australian Mathematical Sciences Institute (AMSI) with sufficient funds to achieve the target of 1400 new industry based PhD internships over 4 years and greater engagement between universities and industry at a national scale; and
  • varies the maximum amounts of all grants for each purpose of grant for the 2017 calendar year.

 

Consultation

Consultation was not undertaken on the Amendment Instrument as it does not create new commitments, but implements Government decisions already announced in the 2016–17 Budget.

 

Commencement

The Amendment 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

 

List of Maximum Grant Amounts (Amendment) under Division 41 for 2017 (Amendment Instrument)

 

The Amendment 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 Amendment Instrument

 

Subsection 41-50(1) of the Higher Education Support Act 2003 (Act) provides that before the start of a year, the Minister must, by legislative instrument, 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.

 

The List of Maximum Grant Amounts under Division 41 for 2017 sets out each purpose of grant specified in the table in section 41-10 of the Act as well as the maximum amounts of all grants for each purpose of grant for the 2017 calendar year. The Amendment Instrument varies the maximum amounts of all grants for each purpose of grant for the 2017 calendar year.

 

Human rights implications

 

Right to Education

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

 

The Amendment Instrument provides for an increase to the maximum amount which is payable by the Commonwealth in relation to item 8 of the table in section 41-10 of the Act which concerns grants to support the training of research students. The Amendment Instrument also provides for increases to the maximum grant amounts for national institutes and programs to support higher education institutions’ research capabilities. To the extent that the right to education is engaged, this right is promoted as the Amendment Instrument provides clarity of funding for programs that support access and equality in higher education and research.

 

As the purpose of the grants includes the promotion of equality of opportunity in higher education and supports the training of research students (amongst other purposes) the Amendment Instrument engages and promotes the right to education.

 

The maximum payment amounts are capped having regard to reasonable, necessary and proportionate constraints on spending. The Amendment Instrument is compatible with the right to education.

 

Conclusion

 

The Amendment Instrument is compatible with human rights because it provides clarity of funding for programs that support the financially viable provision of higher education, including research, or enhance access to higher education.

 

Senator the Hon Simon Birmingham, Minister for Education and Training