HIGHER EDUCATION FUNDING ACT 1988
CHAPTER 2
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GRANTS FOR HIGHER EDUCATION ASSISTANCE
PART 2.2
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OPERATING AND OTHER GRANTS
SECTION 18
CONDITIONS OF GRANTS
18(1)
Financial assistance is granted to an institution under section 15 or 16 in respect of a year on the conditions that:
(b) the institution will spend each amount of financial assistance received by it only in accordance with the educational profile of the institution provided to the Minister as at the time of the making of the determination under section 15 or 16 that resulted in the payment; and
(c) the sum of the amounts spent by the institution for operating purposes or for limited operating purposes, as the case may be, in respect of that year is not less than the sum of the following amounts:
(d) subject to subsection (2), the institution does not charge any student fees in respect of that year or a part of that year except as provided by section 13 ; and
(e) (Repealed by No 86 of 2001)
(f) (Repealed by No 78 of 2002)
(g) the institution gives to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires from the institution in respect of the provision of higher education by the institution during that year.
18(2)
Paragraph (1)(d) does not apply in relation to:
(a) (Repealed by No 150 of 2003)
(aa) The University of Notre Dame Australia; or
(b) a course of study at Avondale College that is not funded in whole or in part by the Commonwealth.
18(3)
(Repealed by No 111 of 2009)
18(4)
(Repealed by No 111 of 2009)
[ CCH Note: Act No 150 of 2003, s 3 and Sch 1 items 19 and 24, contain the following transitional provisions:
``Rollover of 2004 grants made under the Higher Education Funding Act 1988
19
If:
(a) a body receives a grant of financial assistance under Chapter 2 of the old Act during the year 2004; and
(b) the body fails to spend all of that grant in accordance with the old Act in respect of the year 2004; and
(c) the Secretary determines in writing that this paragraph applies to the body;then so much of the unspent grant amount as the Secretary specifies in relation to the grant will be taken to have been granted to the body under the new Act in respect of the year 2005:
(d) under the section of the new Act that the Secretary specifies in the determination; and
(e) on such conditions as the Secretary specifies in the determination. Definitions
24
In this Schedule:new Act
means the Higher Education Support Bill 2003 .old Act
means the Higher Education Funding Act 1988 .'']
View history note
Hide history noteFinancial assistance is granted to an institution under section 15 or 16 in respect of a year on the conditions that:
(b) the institution will spend each amount of financial assistance received by it only in accordance with the educational profile of the institution provided to the Minister as at the time of the making of the determination under section 15 or 16 that resulted in the payment; and
(c) the sum of the amounts spent by the institution for operating purposes or for limited operating purposes, as the case may be, in respect of that year is not less than the sum of the following amounts:
(i) the amount determined by the Minister under the section concerned in relation to the institution in respect of that year;
(ii) any amounts paid to the institution by students under subparagraph 41(1)(a)(i) , paragraph 41(1A)(a) or 56(b) in that year less any amounts paid to students by the institution under paragraph 56(a) in that year;
(iii) any amounts paid to the institution by the Commonwealth under subsection 57(2) or (3) in that year; and
(d) subject to subsection (2), the institution does not charge any student fees in respect of that year or a part of that year except as provided by section 13 ; and
(e) (Repealed by No 86 of 2001)
(f) (Repealed by No 78 of 2002)
(g) the institution gives to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires from the institution in respect of the provision of higher education by the institution during that year.
18(2)
Paragraph (1)(d) does not apply in relation to:
(a) (Repealed by No 150 of 2003)
(aa) The University of Notre Dame Australia; or
(b) a course of study at Avondale College that is not funded in whole or in part by the Commonwealth.
[ CCH Note: Act No 150 of 2003, s 3 and Sch 1 Pts 4 and 5, contains the following provisions:
``Part 4 - The University of Notre Dame Australia
Allocation of Commonwealth Grant Scheme funding to The University of Notre Dame Australia
15
Until the end of the year 2008, Parts 2-2 and 2-5 of the Higher Education Support Act 2003 apply in relation to The University of Notre Dame Australia as if:
(a) subparagraph 30-1(1)(a)(i) and subsections 36-30(1) and 36-35(1) of that Act included a reference to The University of Notre Dame Australia; and
(b) subsections 30?1(2), 30?10(4), 36?10(5) and 36?30(3) of that Act did not apply. Funding agreements with The University of Notre Dame Australia
16
Without limiting section 30-25 of the Higher Education Support Act 2003 , a funding agreement with The University of Notre Dame Australia in respect of the year 2008 or an earlier year may specify conditions relating to the enrolment of persons in places that are not allocated in respect of national priorities.Part 5 - Avondale College
Allocation of Commonwealth Grant Scheme funding to Avondale College
16
Until the end of the year 2008, Parts 2-2, 2-5 and 3-2 of the Higher Education Support Act 2003 apply in relation to Avondale College as if Avondale College were a higher education provider, but not a Table A provider.'']
18(3)
(Repealed by No 111 of 2009)
18(4)
(Repealed by No 111 of 2009)
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