This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 4) 2021.

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 2020 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 respect of the grant year.

University of Tasmania rollover grant means the amount of the unspent amount of the University of Tasmania’s ISSP 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 Tasmania under Part 2-2A of the Act in respect of the 2021 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 University of Tasmania in respect of the ISSP grant; and

(b) $1,210,191.87 is the amount of the unspent amount of the ISSP 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 as a grant made under Part 2-2A of the Act in respect of the next following year .

Note 2: The grant amount of the University of Tasmania 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 Tasmania 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 Tasmania 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.

Schedule 1—Conditions of University of Tasmania rollover grant

1 Using a grant

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

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

(b) in the 2021 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 Tasmania		a) Projects that enable the university to provide better support to Indigenous students; b) Create opportunities for Higher Degree by Research students to undertake further study (through bursaries and scholarships); c) Create internships and other scholarships for Indigenous students; d) Promote Indigenous cultural activities; e) Promote opportunities for Indigenous academics; f) Further embed Indigenous learnings in curriculum; and
			g) Enhance Indigenous employment opportunities in the university.

(2) The University of Tasmania must not use the University of Tasmania rollover grant to administer any aspect of the provider’s business other than delivery of the activities specified in column 3 of the table in sub-item (1).

2 Payment to a person to deliver activities

(1) Subject to sub-item (2), the University of Tasmania may use the University of Tasmania rollover grant to pay a person or organisation to deliver an activity specified for the provider in column 3 of the table in sub-item (1) of Schedule 1 to this instrument.

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

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

3 Reporting

(1) The University of Tasmania must give the reports specified in column 2 of the following table for activities delivered using the University of Tasmania 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 2022
2.	Performance report	Last business day of April of 2022

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 Tasmania 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 Tasmania 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 Tasmania rollover grant.

(5) The University of Tasmania rollover grant 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 the University of Tasmania rollover grant as if it were a grant provided for under section 5 of the Guidelines.