Chapter 2
-
Grants for higher education assistance etc
History
Ch 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
PART 2-2
-
COMMONWEALTH
GRANT SCHEME
Division 30
-
Which higher education providers are eligible for
a grant?
Subdivision 30-C
-
Funding agreements
SECTION 30-25
Funding agreements
30-25(1)
The Minister may, on behalf of the Commonwealth, enter into a funding agreement with a higher education provider relating to grants under this Part in respect of each year in a period of 3 years (the
grant years
).
History
S 30-25(1) substituted by No 119 of 2007, s 3 and Sch 3 item 11, applicable:
(a) to funding agreements entered into under subsection
30-25(1)
of the
Higher Education Support Act 2003
in relation to grants in respect of 2009 and later years; and
(b) to funding agreements entered into under subsection
30-25(1)
of the
Higher Education Support Act 2003
in respect of each year in a period of 3 years that includes 2008.
S 30-25(1) formerly read:
30-25(1)
The Minister may, on behalf of the Commonwealth, enter into a funding agreement with a higher education provider:
(a)
relating to a grant under this Part in respect of a year (the
grant year
); or
(b)
relating to grants under this Part in respect of each year in a period of 3 years (the
grant years
).
S 30-25(1) substituted by No 119 of 2007, s 3 and Sch 3 item 2, applicable to funding agreements entered into under subsection 30-25(1) of the
Higher Education Support Act 2003
in relation to grants in respect of 2008 or in respect of a period that includes 2008. S 30-25(1) formerly read:
30-25(1)
The Minister may, on behalf of the Commonwealth, enter into a funding agreement with a higher education provider relating to a grant under this Part in respect of a year (the grant year).
30-25(1A)
In negotiating the agreement the Minister must have regard to all of the types of matters that the provider has indicated to the Minister it wishes to be specified in the agreement.
30-25(2)
The agreement may specify conditions to which the grants are subject, that are additional to the conditions that apply under Division
36
.
Note:
It is a condition of the grants that the provider comply with the agreement: see section
36-65
.
History
S 30-25(2) amended by No 119 of 2007, s 3 and Sch 3 items 12 and 13, by substituting
"
the grants are
"
for
"
the grant is, or the grants are,
"
and omitting
"
grant or
"
after
"
condition of the
"
in the note, applicable:
(a) to funding agreements entered into under subsection
30-25(1)
of the
Higher Education Support Act 2003
in relation to grants in respect of 2009 and later years; and
(b) to funding agreements entered into under subsection
30-25(1)
of the
Higher Education Support Act 2003
in respect of each year in a period of 3 years that includes 2008.
S 30-25(2) amended by No 119 of 2007, s 3 and Sch 3 items 3 and 4, by inserting
"
, or the grants are,
"
after
"
the grant is
"
and inserting
"
or grants
"
after
"
the grant
"
in the note, applicable to funding agreements entered into under subsection 30-25(1) of the
Higher Education Support Act 2003
in relation to grants in respect of 2008 or in respect of a period that includes 2008.
30-25(2A)
However, the agreement must not specify as a condition to which the grants are subject a matter in respect of which the Minister could have made a determination under subsection
36-15(2)
(or could have made such a determination but for subsection
36-15(3)
).
Note:
The Minister has the power under subsection
36-15(2)
to determine that students are not to be enrolled as Commonwealth supported students in particular courses. The determination is disallowable (see subsection
36-15(3)
).
History
S 30-25(2A) amended by No 119 of 2007, s 3 and Sch 3 item 14, by substituting
"
the grants are
"
for
"
the grant is, or the grants are,
"
, applicable:
(a) to funding agreements entered into under subsection
30-25(1)
of the
Higher Education Support Act 2003
in relation to grants in respect of 2009 and later years; and
(b) to funding agreements entered into under subsection
30-25(1)
of the
Higher Education Support Act 2003
in respect of each year in a period of 3 years that includes 2008.
S 30-25(2A) amended by No 119 of 2007, s 3 and Sch 3 item 5, by inserting
"
, or the grants are,
"
after
"
the grant is
"
, applicable to funding agreements entered into under subsection 30-25(1) of the
Higher Education Support Act 2003
in relation to grants in respect of 2008 or in respect of a period that includes 2008.
30-25(2B)
Where the agreement specifies conditions to which the grants are subject, that are additional to the conditions that apply under Division
36
, those conditions must not relate to industrial relations matters.
History
S 30-25(2B) amended by No 119 of 2007, s 3 and Sch 3 item 14, by substituting
"
the grants are
"
for
"
the grant is, or the grants are,
"
, applicable:
(a) to funding agreements entered into under subsection
30-25(1)
of the
Higher Education Support Act 2003
in relation to grants in respect of 2009 and later years; and
(b) to funding agreements entered into under subsection
30-25(1)
of the
Higher Education Support Act 2003
in respect of each year in a period of 3 years that includes 2008.
S 30-25(2B) amended by No 119 of 2007, s 3 and Sch 3 item 5, by inserting
"
, or the grants are,
"
after
"
the grant is
"
, applicable to funding agreements entered into under subsection 30-25(1) of the
Higher Education Support Act 2003
in relation to grants in respect of 2008 or in respect of a period that includes 2008.
30-25(3)
Without limiting subsection (2), the agreement may specify:
(aa)
the *number of Commonwealth supported places allocated to the provider for a *funding cluster, or a *grandfathered funding cluster part, for the grant year; and
(a)
in relation to one or more of the following:
(i)
places in *undergraduate courses of study;
(ii)
places in non-research *postgraduate courses of study;
(iii)
places in courses of study in medical programs;
(iv)
places in courses of study in *enabling courses;
the minimum *number of Commonwealth supported places that the provider must provide in the grant year or grant years, or the maximum number of Commonwealth supported places that the provider may provide in the grant year or grant years, or both; and
(b)
(Repealed by No 93 of 2020)
(c)
the maximum number of Commonwealth supported places provided by the provider which can have a medical student loading in the grant years; and
(ca)
(Repealed by No 93 of 2020)
(cb)
(Repealed by No 93 of 2020)
(d)
(Repealed by No 93 of 2020)
(da)
(Repealed by No 93 of 2020)
(e)
the maximum amount of transition fund loading that will be payable to the provider, under the Commonwealth Grant Scheme Guidelines, in the grant years; and
(g)
adjustments that will apply to the amount of a grant payable to the provider under this Part if the provider breaches a condition of the grant.
History
S 30-25(3) amended by No 93 of 2020, s 3 and Sch 3 item 4, by repealing para (b), (ca), (d) and (da), effective 1 January 2021. Para (b), (ca), (d) and (da) formerly read:
(b)
the maximum number of Commonwealth supported places provided by the provider which can have a regional loading in the grant years; and
(ca)
the maximum number of Commonwealth supported places provided by the provider which can have an enabling loading in the grant years; and
(d)
the maximum amount of regional loading that will be payable to the provider, under the Commonwealth Grant Scheme Guidelines, in the grant years; and
(da)
the maximum amount of enabling loading that will be payable to the provider, under the Commonwealth Grant Scheme Guidelines, in the grant years; and
S 30-25(3) amended by No 93 of 2020, s 3 and Sch 1 items 6
-
8, by substituting
"
for a *funding cluster, or a *grandfathered funding cluster part,
"
for
"
under section 30-10
"
in para (aa), repealing para (cb) and substituting
"
transition fund
"
for
"
transitional
"
in para (e), effective 28 October 2020. For application provisions, see note under s
30-12
. Para (cb) formerly read:
(cb)
the maximum number of Commonwealth supported places provided by the provider which can have a transitional loading in the grant years; and
S 30-25(3) amended by No 104 of 2011, s 3 and Sch 1 item 9, by inserting para (aa), applicable in relation to the year commencing on 1 January 2012 or a later year.
S 30-25(3) amended by No 43 of 2008, s 3 and Sch 2 items 3 and 4, by inserting paras (ca) and (e), applicable in respect of the year 2009 or a later year.
S 30-25(3) amended by No 119 of 2007, s 3 and Sch 3 item 15, by omitting
"
grant year or
"
before
"
grant years
"
in paras (b) to (da), applicable:
(a) to funding agreements entered into under subsection
30-25(1)
of the
Higher Education Support Act 2003
in relation to grants in respect of 2009 and later years; and
(b) to funding agreements entered into under subsection
30-25(1)
of the
Higher Education Support Act 2003
in respect of each year in a period of 3 years that includes 2008.
S 30-25(3) amended by No 119 of 2007, s 3 and Sch 3 items 6 and 7, by inserting
"
, or grant years
"
after
"
grant year
"
in para (a) (wherever occurring), applicable to funding agreements entered into under subsection 30-25(1) of the
Higher Education Support Act 2003
in relation to grants in respect of 2008 or in respect of a period that includes 2008.
30-25(4)
(Repealed by No 104 of 2011)
History
S 30-25(4) repealed by No 104 of 2011, s 3 and Sch 3 item 4, applicable in relation to the year commencing on 1 January 2012 or a later year. S 30-25(4) formerly read:
30-25(4)
The Minister must cause a copy of the agreement to be laid before each House of the Parliament within 15 sitting days of that House after the making of the agreement.
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