Higher Education Support Act 2003
View history note
Hide history noteCh 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part 2-4 of the Higher Education Support Act 2003 in respect of the year 2008 or a later year. The heading formerly read:
Chapter 2 - Grants for higher education assistance
Subdiv 33-B heading substituted by No 93 of 2020, s 3 and Sch 1 item 12, effective 28 October 2020. For application provisions, see note under s 30-12 . The heading formerly read:
Subdivision 33-B - Basic grant amounts
(Repealed by No 104 of 2011)
S 33-25 repealed by No 104 of 2011, s 3 and Sch 1 item 16, applicable in relation to the year commencing on 1 January 2012 or a later year. For transitional provisions see note under s 33-1(1) .
S 33-25 formerly read:
S 33-25(1) substituted by No 119 of 2007, s 3 and Sch 4 item 3, effective 1 January 2008. No 119 of 2007, s 3 and Sch 4 item 5 contains the following transitional provision:
S 33-25(1) formerly read:
S 33-25(2) substituted by No 119 of 2007, s 3 and Sch 4 item 3, effective 1 January 2008. No 119 of 2007, s 3 and Sch 4 item 5 contains the following transitional provision:
S 33-25(2) formerly read:
where:
excess places
whichever is higher.
places provided
student contributions
S 33-25(3) substituted by No 119 of 2007, s 3 and Sch 4 item 3, effective 1 January 2008. No 119 of 2007, s 3 and Sch 4 item 5 contains the following transitional provision:
S 33-25(3) formerly read:
S 33-25(4) substituted by No 119 of 2007, s 3 and Sch 4 item 3, effective 1 January 2008. No 119 of 2007, s 3 and Sch 4 item 5 contains the following transitional provision:
S 33-25(4) formerly read:
S 33-25(6) and (7) substituted for s 33-25(5A), (5B) and (6) by No 119 of 2007, s 3 and Sch 4 item 4, effective 1 January 2008. No 119 of 2007, s 3 and Sch 4 item 5 contains the following transitional provision:
S 33-25(5A) formerly read:
S 33-25(6) and (7) substituted for s 33-25(5A), (5B) and (6) by No 119 of 2007, s 3 and Sch 4 item 4, effective 1 January 2008. No 119 of 2007, s 3 and Sch 4 item 5 contains the following transitional provision:
S 33-25(5B) formerly read:
S 33-25(6) and (7) substituted for s 33-25(5A), (5B) and (6) by No 119 of 2007, s 3 and Sch 4 item 4, effective 1 January 2008. No 119 of 2007, s 3 and Sch 4 item 5 contains the following transitional provision:
S 33-25(6) formerly read:
S 33-25(7) amended by No 86 of 2009, s 3 and Sch 3 item 1, by substituting
"
10%
"
for
"
5%
"
in para (b), applicable to adjustments of basic grant amounts for 2011 and later years. S 33-25(6) and (7) substituted for s 33-25(5A), (5B) and (6) by No 119 of 2007, s 3 and Sch 4 item 4, effective 1 January 2008. No 119 of 2007, s 3 and Sch 4 item 5 contains the following transitional provision:
SECTION 33-25 Adjustments
Corrected basic amount is less than the basic grant amount (Table A and B providers)
33-25(1)
The *basic grant amount for a *Table A provider or a *Table B provider for a year is reduced by an adjustment if the provider
'
s *corrected basic amount for the preceding year was less than 99% of the provider
'
s basic grant amount for that year.
5 Transitional provision
5
For the purposes of working out if and how a higher education provider
'
s basic grant amount for the year 2008 or an earlier year is to be adjusted under Subdivision
33-C
of the
Higher Education Support Act 2003
, disregard the amendments made by this Schedule.
Number of places provided exceeds allocated places by 5% or higher agreed percentage
33-25(1)
A higher education provider
'
s *basic grant amount for the grant year is reduced by an adjustment if:
(a)
the Commonwealth Grant Scheme Guidelines neither:
(i)
provide for an adjustment when the *number of Commonwealth supported places provided by a higher education provider during the preceding year exceeds a number specified in, or worked out under, those guidelines; nor
(ii)
provide that there is to be no adjustment in those circumstances; and
(b)
in the preceding year, the number of Commonwealth supported places provided by the provider exceeds:
(i)
105% of the total number of Commonwealth supported places allocated to the provider for that year under section
30-10
; or
whichever is higher.
(ii)
the percentage of that total number that is the percentage specified for the purpose in the funding agreement entered into with the provider in respect of that year;
33-25(2)
The adjustment under subsection (1) is the lower of the following amounts:
(a)
an amount equal to the difference between:
(i)
99% of the basic grant amount; and
(ii)
the *corrected basic amount;
(b)
4% of the basic grant amount.
5 Transitional provision
5
For the purposes of working out if and how a higher education provider
'
s basic grant amount for the year 2008 or an earlier year is to be adjusted under Subdivision
33-C
of the
Higher Education Support Act 2003
, disregard the amendments made by this Schedule.
33-25(2)
The adjustment under subsection (1) is an amount worked out using the formula:
Excess places
×
Student contributions
Places provided
is the *number of Commonwealth supported places that the provider provided during the preceding year in excess of:
(a)
105% of the total number of Commonwealth supported places allocated to the provider for that year under section
30-10
; or
(b)
the percentage of that total number that is the percentage specified for the purpose in the funding agreement entered into with the provider in respect of that year;
is the *number of Commonwealth supported places that the provider provided during the preceding year.
is the sum of all of the students
'
*student contribution amounts that the provider has received, or is entitled to receive, for all of the units of study undertaken with the provider during the preceding year.
Corrected basic amount is less than the basic grant amount (non-Table A and B providers)
33-25(3)
The *basic grant amount for a higher education provider that is not a *Table A provider or a *Table B provider is reduced by an adjustment if the provider
'
s *corrected basic amount for the preceding year was less than the provider
'
s basic grant amount for that year.
5 Transitional provision
5
For the purposes of working out if and how a higher education provider
'
s basic grant amount for the year 2008 or an earlier year is to be adjusted under Subdivision
33-C
of the
Higher Education Support Act 2003
, disregard the amendments made by this Schedule.
Corrected basic amount is less than the basic grant amount
33-25(3)
A higher education provider
'
s *basic grant amount for the grant year is reduced by an adjustment if:
(a)
the Commonwealth Grant Scheme Guidelines neither:
(i)
provide for an adjustment when the provider
'
s *corrected basic amount for the preceding year is less than the provider
'
s basic grant amount for that year; nor
(ii)
provide that there is to be no adjustment in these circumstances; and
(b)
the provider
'
s corrected basic amount for the preceding year was less than 99% of the provider
'
s basic grant amount for that year.
33-25(4)
The adjustment under subsection (3) is an amount equal to the difference between:
(a)
the basic grant amount; and
(b)
the *corrected basic amount.
5 Transitional provision
5
For the purposes of working out if and how a higher education provider
'
s basic grant amount for the year 2008 or an earlier year is to be adjusted under Subdivision
33-C
of the
Higher Education Support Act 2003
, disregard the amendments made by this Schedule.
33-25(4)
The adjustment under subsection (3) is an amount equal to the difference between:
(a)
99% of the *basic grant amount; and
(b)
the *corrected basic amount.
Meaning of corrected basic amount
33-25(5)
The provider
'
s
corrected basic amount
for a year is what would have been the provider
'
s *basic grant amount for the year if:
(a)
the *number of Commonwealth supported places allocated to the provider for that year under section
30-10
had equalled the number of Commonwealth supported places provided by the provider during that year; and
(b)
the places allocated had been distributed under subsection
30-10(2)
between the *funding clusters in a way that reflected:
(i)
the units of study in which *Commonwealth supported students were enrolled with the provider during that year; and
(ii)
the funding clusters in which those units are included.
33-25(5A)
(Repealed by No 119 of 2007)
5 Transitional provision
5
For the purposes of working out if and how a higher education provider
'
s basic grant amount for the year 2008 or an earlier year is to be adjusted under Subdivision
33-C
of the
Higher Education Support Act 2003
, disregard the amendments made by this Schedule.
Corrected basic amount exceeds the basic grant amount
33-25(5A)
A higher education provider
'
s *basic grant amount for the grant year is increased by an adjustment if:
(a)
the Commonwealth Grant Scheme Guidelines neither:
(i)
provide for an adjustment when the provider
'
s *corrected basic amount for the preceding year exceeds the provider
'
s basic grant amount for that year; nor
(ii)
provide that there is to be no adjustment in these circumstances; and
(b)
the provider
'
s corrected basic amount for the preceding year exceeded the provider
'
s basic grant amount for that year; and
(c)
the Minister determines that the provider
'
s basic grant amount for that year should be increased by an adjustment under this subsection.
33-25(5B)
(Repealed by No 119 of 2007)
5 Transitional provision
5
For the purposes of working out if and how a higher education provider
'
s basic grant amount for the year 2008 or an earlier year is to be adjusted under Subdivision
33-C
of the
Higher Education Support Act 2003
, disregard the amendments made by this Schedule.
33-25(5B)
The adjustment under subsection (5A) is an amount equal to the lesser of the following:
(a)
1% of the *basic grant amount;
(b)
the difference between the *corrected basic amount and the basic grant amount.
Corrected basic amount is more than the basic grant amount (Table A and B providers)
33-25(6)
The *basic grant amount for a year for a *Table A provider or a *Table B provider is increased by an adjustment if the provider
'
s *corrected basic amount for the preceding year was more than the provider
'
s basic grant amount for the year.
5 Transitional provision
5
For the purposes of working out if and how a higher education provider
'
s basic grant amount for the year 2008 or an earlier year is to be adjusted under Subdivision
33-C
of the
Higher Education Support Act 2003
, disregard the amendments made by this Schedule.
No adjustment for 2005
33-25(6)
No adjustments are to be made under this section to *basic grant amounts for the year 2005.
33-25(7)
The adjustment under subsection (6) is the lower of the following amounts:
(a)
an amount equal to the difference between:
(i)
the *corrected basic amount; and
(ii)
the *basic grant amount;
(b)
10% of the basic grant amount.
5 Transitional provision
5
For the purposes of working out if and how a higher education provider
'
s basic grant amount for the year 2008 or an earlier year is to be adjusted under Subdivision
33-C
of the
Higher Education Support Act 2003
, disregard the amendments made by this Schedule.
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