Higher Education Legislation Amendment (Miscellaneous Measures) Act 2015 (160 of 2015)

Schedule 4   Constitutional bases for other grants

Higher Education Support Act 2003

1   At the end of Division 41

Add:

41-95 Alternative constitutional bases

(1) In addition to the effect that it has apart from this section, this Part has the effect it would have if each reference in this Part to a grant were expressly confined to a grant:

(a) to a corporation to which paragraph 51(xx) of the Constitution applies for the purposes of carrying out the corporation's activities; or

(b) for one or more of the following purposes (as well as for a purpose described in section 41-10):

(i) a purpose related to trade or commerce with another country, among the States, between a State and a Territory, between 2 Territories or within a Territory;

(ii) a purpose involving the use of postal, telegraphic, telephonic, and other like services;

(iii) a purpose relating to astronomical or meteorological observations;

(iv) a purpose relating to census or statistics;

(v) a purpose relating to aliens;

(vi) a purpose relating to old-age pensions;

(vii) a purpose relating to the provision of benefits to students or sickness benefits;

(viii) a purpose relating to Aboriginal or Torres Strait Islander people;

(ix) a purpose relating to external affairs;

(x) a purpose relating to the executive power of the Commonwealth;

(xi) a purpose relating to a matter that is peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or

(c) in or in relation to a Territory.

(2) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.