HIGHER EDUCATION FUNDING ACT 1988

CHAPTER 2 - GRANTS FOR HIGHER EDUCATION ASSISTANCE

[ 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

PART 2.2 - OPERATING AND OTHER GRANTS

View history note

SECTION 23 SPECIAL RESEARCH ASSISTANCE

23(1)
The Minister may, subject to such conditions as the Minister determines, approve a proposal, whether by an institution or otherwise, for expenditure by an institution to which this section applies on:

(a) a research program; or

(b) a program that supports:

(i) research training; or

(ii) the conduct of research programs;

as a proposal deserving financial assistance under this section in respect of a year to which this Chapter applies.

23(1A)
The Minister may approve a proposal for expenditure by a body, other than an institution, on:

(a) a research program; or

(b) a program that supports:

(i) research training; or

(ii) the conduct of research programs;

to be undertaken by the body as a proposal deserving financial assistance under this section in respect of a year to which this Chapter applies subject to such conditions as the Minister determines.

23(1B)
A proposal for expenditure by an institution or body cannot be approved under subsection (1) or (1A) in relation to the year starting on 1 January 2001 or a later year unless:

(a) there is an approved research and research training management plan for the institution or body and the year (see subsection (1C)); and

(b) the institution or body is an accredited higher education institution or body (see subsection (1D)); and

(c) the institution or body is listed in Schedule 1.

View history note

History

S 23(1B) inserted by No 9 of 2001, s 3 and Sch 1 item 4, effective 1 July 2001.

Act No 9 of 2001 contained the following transitional provisions, effective 1 July 2001.

Schedule 2 - Transitional provisions
Definitions
1
In this Schedule:
commencement
means the commencement of this Schedule.

new Act
means the Australian Research Council Act 2001 .

new ARC
means the body established by section 5 of the new Act.

old ARC
means the body established by section 23 of the old EET Act.

old ARC-administered scheme
means a research scheme in relation to which a reference under paragraph 27(1)(a) of the old EET Act was in force immediately before the commencement.

old EET Act
means the Employment, Education and Training Act 1988 as in force immediately before the commencement.

old HEF Act
means the Higher Education Funding Act 1988 as in force immediately before the commencement.
Matters referred to old ARC by Minister
2
If, before the commencement, the Minister referred a matter to the old ARC under paragraph 27(1)(b) of the old EET Act and the old ARC had not finished dealing with that reference by the commencement, the new ARC is to continue dealing with that reference after the commencement as if it were a request for advice in relation to the matter under subsection 6(2) of the new Act. Continued effect of Ministerial directions and guidelines
3
A direction or guideline in force under subsection 29(1) of the old EET Act immediately before the commencement has effect after the commencement as if it were a direction under subsection 7(1) of the new Act. Continued effect of funding approvals given in relation to old ARC-administered schemes
4
If, in relation to an old ARC-administered scheme, an approval under subsection 23(1) or (1A) of the old HEF Act was in force immediately before the commencement in respect of a year to which Division 1 of Part 7 of the new Act applies, that approval has effect after the commencement as if it were an approval under section 51 of the new Act that was made in accordance with the requirements of that Act. Continued effect of funding recommendations made in relation to old ARC-administered schemes
5(1)
If:

(a) in relation to an old ARC-administered scheme, the old ARC made a recommendation to the Minister before the commencement in relation to whether a particular approval under subsection 23(1) or (1A) of the old HEF Act should be given in respect of a year to which Division 1 of Part 7 of the new Act applies; and

(b) the Minister has not given the approval, or refused to give the approval, before the commencement;
the Minister must deal with the recommendation after the commencement as if the old HEF Act (and instruments made under it) were still in force.

5(2)
If, after the commencement, the Minister decides to give the approval, that approval has effect as if it were an approval under section 51 of the new Act that was made in accordance with the requirements of that Act.
Funding rules for 2001
6(1)
If, in relation to an old ARC-administered scheme, guidelines developed by the old ARC and approved by the Minister for the year 2001 (whether those guidelines also cover a later year or years) were in force immediately before the commencement, those guidelines have effect after the commencement as if they were funding rules made by the Board and approved by the Minister under and in accordance with Subdivision D of Division 1 of Part 7 of the new Act.

6(2)
Subsection 59(1) does not apply to require the new ARC to make guidelines under that section for the year 2001.
Funding split determination for 2001
7
The Minister's obligation under section 50 of the new Act applies in relation to the year 2001 as if subsection (2) of that section required the determination for that year to be made as soon as practicable after the start of that year. Final report on operations of old ARC
8(1)
The first report under section 46 of the new Act must include a report on the operations of the old ARC during the period:

(a) starting at the beginning of the financial year after the last financial year for which a report has been given to the Minister under subsection 30(1) of the old EET Act; and

(b) ending on the commencement.

8(2)
The report required by subitem (1) must include the information that would have been required for that period by subsections 30(1) and (2) of the old EET Act.
References in other Commonwealth laws to kinds of institution defined in the old EET Act
9
If a law of the Commonwealth in force immediately before the commencement refers to a kind of institution and defines that kind of institution by reference to a definition in the Employment, Education and Training Act 1988, then, despite its repeal, Part 1 of that Act is taken to continue in force after the commencement for the purposes of that law of the Commonwealth.

23(1C)
For the purposes of paragraph (1B)(a), there is an approved research and research training management plan for an institution or body and a year if (and only if):

(a) the institution or body has, in writing, submitted a plan to the Minister that covers the year; and

(b) the Minister has, in writing, declared that he or she is satisfied that the plan meets the requirements in force under subsection (1E).

View history note

23(1D)
For the purposes of paragraph (1B)(b), an institution or body is an accredited higher education institution or body if (and only if) the institution or body is included as a higher education institution on both of the following registers (as in force when the relevant expenditure proposal is being considered by the Minister):

(a) the Australian Qualifications Framework Register of Authorities empowered by Government to Accredit Post-Compulsory Education and Training Courses;

(b) the Australian Qualifications Framework Register of Bodies with Authority to Issue Qualifications.

View history note

23(1E)
The Minister may, by instrument in writing, determine requirements to be satisfied for a plan to be approved under paragraph (1C)(b).

Note:

A determination under this subsection is a legislative instrument - see paragraph 110(b) .

View history note

23(2)
If the Minister approves a proposal under subsection (1) or (1A) in respect of a year, then, subject to section 23C :

(a) the Minister must determine an amount as the estimated total expenditure on the proposal for the year; and

(b) the Minister must determine an amount of approved expenditure in relation to the proposal for the year; and

(c) the amount of approved expenditure on the proposal for the year must not be greater than the amount of estimated total expenditure on the proposal for the year.

23(3)
There is payable to an institution or another body to which an approved proposal relates, for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the institution or other body in connection with the approved proposal in respect of the year to which the proposal relates, an amount equal to the amount of the approved expenditure in relation to the proposal.

23(5)

View history reference

Financial assistance is granted to an institution or another body under subsection (3) in relation to an approved proposal of the institution or body in respect of a year on the condition that:

(a) the sum of the amounts spent by the institution or other body in connection with the proposal in respect of that year, being amounts spent before the end of that year or spent after that year in respect of commitments entered into before the end of that year;

is not less than:

(b) the sum of the amounts of financial assistance paid to the institution or body under this section in relation to the proposal.

View history note

[ CCH Note: Act No 150 of 2003, s 3 and Sch 1 items 18 and 24, contains the following transitional provisions:

``Rollover of 2003 grants made under section 23 of the Higher Education Funding Act 1988
18
If:

(a) a body receives a grant of financial assistance under section 23 of the old Act during the year 2003; and

(b) the body fails to spend all of that grant in accordance with the old Act in respect of the year 2003; 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 2004:

(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 .'']

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