Higher Education Support Act 2003
Chapter 2
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Grants for higher education assistance etc
PART 2-4
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COMMONWEALTH SCHOLARSHIPS
Division 46
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Commonwealth scholarships
SECTION 46-35
Rollover of grant amounts
46-35(1)
If a higher education provider to which a grant (the original grant ) under this Part has been made in respect of a year fails to spend an amount (the unspent amount ) of the grant before the end of the year, then: (a) unless paragraph (b) applies - the unspent amount is taken to be granted to the provider under this Part in respect of the next following year; or (b) if the *Secretary specifies an amount (not greater than the unspent amount) in relation to the provider and the original grant in a determination under subsection (1A) - the specified amount is taken to be granted to the provider under this Part in respect of the next following year.
46-35(1A)
The *Secretary may, in writing, make a determination for the purposes of paragraph (1)(b) specifying an amount in relation to a higher education provider and a grant.
46-35(2)
The amount taken to be granted under subsection (1) is taken to be granted: (a) under the same conditions as the conditions of the original grant - except the grant is taken to be made in respect of the next following year; or (b) under such other conditions as are determined by the *Secretary.
46-35(3)
Subsection (1) does not apply to a higher education provider in relation to a grant if the *Secretary specifies the provider in relation to the grant in a determination under subsection (4) .
46-35(4)
The *Secretary may, in writing, make a determination for the purposes of subsection (3) specifying a higher education provider in relation to a grant.
46-35(5)
A determination under subsection (1A) or (4) is not a legislative instrument.
View history note
Hide history noteIf a higher education provider to which a grant (the original grant ) under this Part has been made in respect of a year fails to spend an amount (the unspent amount ) of the grant before the end of the year, then: (a) unless paragraph (b) applies - the unspent amount is taken to be granted to the provider under this Part in respect of the next following year; or (b) if the *Secretary specifies an amount (not greater than the unspent amount) in relation to the provider and the original grant in a determination under subsection (1A) - the specified amount is taken to be granted to the provider under this Part in respect of the next following year.
46-35(1A)
The *Secretary may, in writing, make a determination for the purposes of paragraph (1)(b) specifying an amount in relation to a higher education provider and a grant.
46-35(2)
The amount taken to be granted under subsection (1) is taken to be granted: (a) under the same conditions as the conditions of the original grant - except the grant is taken to be made in respect of the next following year; or (b) under such other conditions as are determined by the *Secretary.
46-35(3)
Subsection (1) does not apply to a higher education provider in relation to a grant if the *Secretary specifies the provider in relation to the grant in a determination under subsection (4) .
46-35(4)
The *Secretary may, in writing, make a determination for the purposes of subsection (3) specifying a higher education provider in relation to a grant.
46-35(5)
A determination under subsection (1A) or (4) is not a legislative instrument.
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