Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2019

made under section 38-40 of the

Higher Education Support Act 2003

Compilation No. 1 

Compilation date: 27 October 2020

Includes amendments up to: F2020N00123

About this compilation

This compilation

This is a compilation of the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No.3) 2019 that shows the text of the law as amended and in force on 27 October 2020 (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.

Self‑repealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1  Name

3  Authority

4  Definitions

5  Rollover of ISSP grant amounts

6  Rollover of Flinders University of South Australia rollover grant amount

7  Conditions on ISSP rollover grants or Flinders University of South Australia  rollover grant

Schedule 1—ISSP rollover grants and Flinders University of South Australia rollover grant

1  Name

  This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2019.

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;

(b)  higher education provider;

(c)  officer;

(d)  postgraduate course of study;

(e)  student.

 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 grant means a grant provided for under section 5 of the Guidelines in the grant year.

ISSP rollover grant means the amount of the unspent amount of an ISSP grant received by a higher education provider listed in column 2 of the table in clause 5 for the grant year that, because of the combined operation of this Determination and section 38-40 of the Act, is taken to be granted to the higher education provider under Part 2-2A of the Act in respect of the 2020 calendar year.

Flinders University of South Australia rollover grant means the amount of the unspent amount of the ISSP rollover grant made under 38-40 received by Flinders University of South Australia for the grant year that, because of the combined operation of this Determination and section 38-40 of the Act, is taken to be granted to Flinders University of South Australia under Part 2-2A of the Act in respect of the 2020 calendar year.

5  Rollover of ISSP grant amounts

    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 following higher education providers in respect of the ISSP grant:

 (i) Charles Sturt University;

 (ii) University of South Australia

 (iii) University of Newcastle;

 (iv) University of New England; and

 (v) Central Queensland University

 (b) the amount specified in column 3 of the table is the amount of the unspent amount of the ISSP grant of a higher education provider specified in column 2 of the table.

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 ISSP rollover grant amount for a higher education provider listed in paragraph (a) is the amount specified in column 3 of the table for the provider.

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  Rollover of Flinders University of South Australia 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 Flinders University of South Australia in respect of the grant taken to have been provided to the Flinders University of South Australia  in respect of the grant year under the Higher Education Support (Indigenous Student Success Program)(Rollover of Grant Amounts) Determination 2019:

 (b) the amount specified in column 3 of the table 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 Flinders University of South Australia rollover grant amount for a higher education provider listed in paragraph (a) is the amount specified in column 3 of the table for the provider.

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.

7  Conditions on ISSP rollover grants or Flinders University of South Australia  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 an ISSP rollover grant or Flinders University of South Australia  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—ISSP rollover grants and Flinders University of South Australia rollover grant

1  Using an ISSP rollover grant or Flinders University of South Australia rollover grant

 (1) A higher education provider specified in column 2 of the table must use the provider’s ISSP rollover grant or Flinders University of South Australia rollover grant:

 (a) to administer and deliver the activity or activities specified in column 3 of the table for the provider; 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.

 (2) A higher education provider must not use an ISSP rollover grant or Flinders University of South Australia rollover grant to administer any aspect of the provider’s business other than delivery of the activity or activities specified for the provider in sub-item (1).   

2  Payment to a person to deliver activities

 (1) Subject to sub-item (2), a higher education provider may use an ISSP rollover grant or Flinders University of South Australia rollover grant to pay a person or organisation to deliver an activity specified for the provider in sub-item 1(1) of Schedule 1 to this instrument.

 (2) In recruiting a person to deliver an activity, a higher education provider must give priority to Indigenous persons.

 (3) In procuring an organisation to deliver an activity, a higher education provider must give priority to organisations that employ, or provide training opportunities for, Indigenous persons. 

3  Reporting

 (1) A higher education provider that receives an ISSP rollover grant or Flinders University of South Australia rollover grant must give the reports specified in column 2 of the table for activities delivered using the grant to the Minister by the day specified in column 3 of the table.

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), a higher education provider 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 a higher education provider 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 ISSP rollover grant or Flinders University of South Australia rollover grant.

 (5) A higher education provider 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 apply to an ISSP rollover grant or Flinders University of South Australia  rollover grant.

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

Endnote 3—Legislation history

Endnote 4—Amendment history