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This determination rolls over an unspent amount of a grant, made under Part 2-2A of the Higher Education Support Act 2003 in respect of the 2019 calendar year, as a new grant made under Part 2-2A of the Higher Education Support Act 2003 in respect of the 2020 calendar year.
Administered by: Prime Minister and Cabinet
Registered 27 May 2020
Table of contents.

 

Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 4) 2020

 

 

 

I, Stephen Baz, Delegate of the Chief Executive Officer, make the following determination.

Dated   26 May 2020

Stephen Baz

Senior Adviser, National Indigenous Australians Agency

 

 

 

 

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Rollover of ISSP rollover grant amount................................................................................... 1

6  Conditions on University of Canberra rollover grant............................................................... 2

Schedule 1— University of Canberra rollover grant                                                 3

           

 

 

 

 

 

 

 

 

 

 


1  Name

                   This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 4) 2020.

2  Commencement

                   This instrument commences on the day after it is registered.

3  Authority

                   This instrument is made under subsection 38-40(3) and subsection 38-40(4) of the Act for the purposes of Part 2-2A of the Act.

4  Definitions

Note:          A number of expressions used in this determination are defined in Schedule 1 of the Act, including the following:

(a)    annual financial reporting period; and

(b)    higher education provider.

                   These expressions are identified in italics in this determination.

Act means the Higher Education Support Act 2003.

administering officer means an employee in the National Indigenous Australians Agency.

grant year means the 2019 calendar year.

Guidelines means the Indigenous Student Assistance Grants Guidelines 2017.

ISSP rollover grant means a grant taken to have been granted to the University of Canberra under Part 2-2A of the Act in respect of the grant year because of the combined operation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2019 and section 38-40 of the Act.

University of Canberra rollover grant means the amount of the unspent amount of the ISSP rollover grant that, because of the combined operation of this instrument and section 38-40 of the Act, is taken to be granted to the University of Canberra under Part 2-2A of the Act in respect of the 2020 calendar year.

5 Rollover of ISSP rollover grant amount

                   For the purposes of subsection 38-40(1) of the Act, the following is determined under subsection 38-40(3) of the Act:

(a)    section 38-40 applies to the University of Canberra in respect of the ISSP rollover grant; and

(b)    $130,406 is the amount of the unspent amount of that grant.

 

Note 1:       If section 38-40 is determined to apply to a higher education provider in respect of a grant, then the effect of subsection 38‑40(1) of the Act is to rollover the amount of the unspent amount of the grant that is determined to the next following year as a new grant under Part 2-2A of the Act.

Note 2:       The grant amount of the University of Canberra rollover grant is the amount in paragraph 5(b) of this instrument.

Note 3:       Section 164-15 of the Act provides that an overpayment of an amount made to a higher education provider may be deducted from a future amount payable or recovered as a debt due to the Commonwealth.

6  Conditions on University of Canberra rollover grant

                   For the purposes of paragraph 38-40(2)(b) of the Act, the conditions in Schedule 1 to this instrument are determined under subsection 38‑40(4) of the Act to apply to the University of Canberra rollover grant.

Note 1:       A higher education provider’s approval may be revoked if, among other things, the provider breaches a condition of a grant made to the body under Part 2-2A of the Act: see section 22-15 of the Act.

Note 2:       Part 2-5 of the Act provides that a higher education provider may have their grants reduced, or be required to repay a grant, for breaches of conditions of grants, including grants under Part 2-2A of the Act.

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Schedule 1— University of Canberra rollover grant

1  Using the University of Canberra rollover grant

             (1)  The University of Canberra must use the University of Canberra rollover grant:

                     (a)  to administer and deliver the activity specified in column 3 of the table; and

                     (b)  in the 2020 calendar year, unless the Chief Executive Officer has made a determination under subsection 38-40 of the Act in relation to the provider in the next following year.

 

Description of activity

 

Column 1

Column 2

Column 3

Item

Higher education provider

Activity

1. 

University of Canberra

Contribution towards the Ngunnawal Centre refurbishment.

 

             (2)  The University of Canberra must not use the University of Canberra rollover grant to administer any aspect of the provider’s business other than delivery of the activity specified in sub-item (1).   

2  Payment to a person to deliver activities

             (1)  Subject to sub-item (2), the University of Canberra may use the University of Canberra rollover grant to pay a person or organisation to deliver an activity specified in sub-item 1(1) of Schedule 1 to this instrument.

             (2)  In recruiting a person to deliver an activity, the University of Canberra must give priority to Indigenous persons.

             (3)  In procuring an organisation to deliver an activity, the University of Canberra must give priority to organisations that employ, or provide training opportunities for, Indigenous persons. 

3  Reporting

             (1)  The University of Canberra must give the reports specified in column 2 of the table for activities delivered using the University of Canberra rollover grant to the Minister by the day specified in column 3 of the table.

 

Reporting

Column 1

Column 2

Column 3

Item

Report

Date

1. 

Acquittals report

Last business day of April of 2021

2.

Performance report

Last business day of April of 2021

Note:          In addition to the reports specified in column 2 of the table, paragraph 19-10(1)(a) of the Act provides that a higher education provider must give to the Minister a financial statement for each annual financial reporting period for the provider in which the provider receives assistance under Chapter 2 of the Act.

             (2)  In giving a report to the Minister under sub-item (1), the University of Canberra may:

                     (a)  give the acquittals report with the acquittals report for an ISSP grant the provider is required to give to the Minister under item 1 of the table in subsection 17(1) of the Guidelines; and

                     (b)  give the performance report with the performance report for an ISSP grant the provider is required to give to the Minister under item 2 of the table in subsection 17(1) of the Guidelines.

             (3)  An administering officer may request the University of Canberra revise a report described in column 2 of the table in sub-item (1) if the administering officer reasonably considers that the form or content of the report is unsatisfactory.

             (4)  An administering officer may request any additional information or reports about the use of the University of Canberra rollover grant.

             (5)  The University of Canberra must comply with a reasonable request under sub‑items (3) or (4) within 10 business days of the request, or a longer period specified by an administering officer in writing. 

4  Application of the Guidelines

                   The requirements of subsections 14(2) and (3), section 15 (other than paragraph (a)), section 16, section 35, section 36 and section 37 of the Guidelines are taken to apply to the University of Canberra rollover grant as if it were a grant provided for under section 5 of the Guidelines.