Commonwealth Numbered Acts Commonwealth Numbered ActsHigher Education Support Act 2003
1 Subparagraph 30-1(1)(b)(ii)
Repeal the subparagraph, substitute:
(ii) the Minister has made an allocation under section 30-10 to the provider for that year;
2 Subsection 30-10(1)
Repeal the subsection, substitute:
(1) The Minister may allocate a specified number of Commonwealth support places for a year to:
(a) a * Table A provider in relation to * designated higher education courses; and
(b) a higher education provider referred to in subparagraph 30-1(1)(b)(i).
Note: The Minister does not allocate places to Table A providers in relation to higher education courses or demand driven higher education courses.
3 At the end of subsection 30-10(4)
Add:
; and (c) the number of places (if any) for each * funding cluster that are in respect of * non-grandfathered students; and
(d) the number of places (if any) for each funding cluster (other than the * first funding cluster and the * second funding cluster) that are in respect of * grandfathered students; and
(e) the number of places (if any) for each * grandfathered funding cluster part that are in respect of grandfathered students.
4 Section 30-12
Repeal the section, substitute:
30-12 Designated higher education courses
(1) Each of the following is a designated higher education course in relation to a * Table A provider:
(a) a * course of study in medicine;
(b) a * course of study of a kind determined under subsection (2).
(2) The Minister may, by legislative instrument, determine a kind of * course of study for the purposes of paragraph (1)(b).
5 Section 30-15
Repeal the section, substitute:
The funding clusters are:
| Funding clusters | |
| Item |
Funding clusters |
| 1 | Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture |
| 2 | Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology, Professional Pathway Social Work |
| 3 | Nursing, Foreign Languages, Engineering, Surveying, Environmental Studies, Science |
| 4 |
Agriculture, Medicine, Dentistry, Veterinary Science, Pathology |
6 Paragraph 30-25(3)(aa)
Omit "under section 30-10", substitute "for a * funding cluster, or a * grandfathered funding cluster part,".
7 Paragraph 30-25(3)(cb)
Repeal the paragraph.
8 Paragraph 30-25(3)(e)
Omit "transitional", substitute "transition fund".
9 Section 30-27
Repeal the section, substitute:
30-27 Specification of maximum basic grant amounts in funding agreements
Maximum basic grant amounts for Table A providers
(1) Subject to subsections (2), (3) and (5), a funding agreement for a higher education provider that is a * Table A provider:
(a) must specify an amount as the maximum basic grant amount payable to the provider for a * grant year for * higher education courses; and
(b) may specify an amount as the maximum basic grant amount payable to the provider for a * grant year for each of the following:
(i) * designated higher education courses;
(ii) * demand driven higher education courses.
Table A providers--maximum basic grant amount for higher education courses
(2) If a funding agreement for a * Table A provider is in respect of 2021, 2022 and 2023, the maximum basic grant amount for the provider for each of those years for * higher education courses must not be less than the amount specified in the Commonwealth Grant Scheme Guidelines for the purposes of this subsection for the provider for each of those years for those courses.
(3) If a funding agreement for a * Table A provider is in respect of other later years, the maximum basic grant amount for the provider for each of those years for * higher education courses must not be less than:
(a) for 2024--the amount specified in the Commonwealth Grant Scheme Guidelines for the purposes of this paragraph for the provider for that year for those courses; and
(b) for any other later year--the maximum basic grant amount specified in the provider's funding agreement for the preceding year for those courses.
(4) Without limiting subsection (2) and paragraph (3)(a), the Commonwealth Grant Scheme Guidelines may:
(a) specify different amounts for different years for the purposes of that subsection; and
(b) specify different amounts for different * Table A providers for the purposes of that subsection or paragraph.
Table A providers--maximum basic grant amount for designated higher education courses
(5) The max imum basic grant amount for a * Table A provider for a * grant year for * designated higher education courses must not be less than the amount worked out for the year for those courses using the method statement set out in paragraph 33-5(3)(b) with the following modifications:
(a) read a reference in step 1 of that statement to places provided by the provider in a * funding cluster as a reference to places allocated under section 30-10 to the provider in that funding cluster;
(b) disregard paragraph (a) of that step.
Maximum basic grant amount for non-Table A providers
(6) Subject to subsection (7), a funding agreement for a higher education provider (other than a * Table A provider) may specify an amount as the maximum basic grant amount payable to the provider for a * grant year.
(7) The max imum basic grant amount for a higher education provider (other than a * Table A provider) for a * grant year must not be less than the amount worked out for the year using the method statement set out in paragraph 33-5(7)(b) with the following modifications:
(a) read a reference in steps 1, 2 and 3 of that statement to places provided by the provider in a * funding cluster or a * grandfathered funding cluster part as a reference to places allocated under section 30-10 to the provider in that funding cluster or grandfathered funding cluster part;
(b) disregard paragraph (a) of each of those steps.
10 Paragraph 33-1(1)(a)
Omit " * basic", substitute " * total basic".
11 Subparagraph 33-1(1)(b)(iv)
Omit "transitional", substitute "transition fund".
12 Subdivision 33-B (heading)
Repeal the heading substitute:
Subdivision 33-B -- Total basic grant amounts
13 Section 33-5
Repeal the section, substitute:
33-5 Total basic grant amounts
Total basic grant amount for Table A providers
(1) The total basic grant amount for a * Table A provider for a year is the sum of the following amounts:
(a) the amount for * higher education courses (see subsection (2));
(b) the amount for * designated higher education courses (see subsections (3) and (4));
(c) the amount for * demand driven higher education courses (see subsections (5) and (6)).
Table A providers--amount for higher education courses
(2) For the purposes of paragraph (1)(a), the amount for * higher education courses is the lesser of:
(a) the * maximum basic grant amount for the year for those courses that is specified in the * Table A provider's funding agreement; and
(b) the amount worked out for the year using the following method statement.
Step 1. For each * funding cluster in which the provider has provided places in those courses in respect of * non-grandfathered students, multiply:
(a) the * number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the * Commonwealth contribution amount for a place in that funding cluster.
Step 2. For each * funding cluster (other than the * first funding cluster and the * second funding cluster) in which the provider has provided places in those courses in respect of * grandfathered students, multiply:
(a) the * number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the * Commonwealth contribution amount for a place in that funding cluster.
Step 3. For each * grandfathered funding cluster part in which the provider has provided places in those courses in respect of * grandfathered students, multiply:
(a) the * number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by
(b) the * grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.
Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.
Table A providers--amount for designated higher education courses
(3) For the purposes of paragraph (1)(b) and subject to subsection (4), the amount for * designated higher education courses is the lesser of:
(a) the * maximum basic grant amount for the year for those courses that is specified in the * Table A provider's funding agreement; and
(b) the amount worked out for the year using the following method statement.
Method statement
Step 1. For each * funding cluster in which the provider has provided places in those courses, multiply the * Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:
(a) the number that is the sum of the * number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of * non-grandfathered students and in respect of * grandfathered students;
(b) the number of Commonwealth supported places allocated to the provider for that funding cluster.
Step 2. Add together all of the amounts worked out under step 1.
(4) If a * maximum basic grant amount for the year for the * designated higher education courses is not specified in the * Table A provider's funding agreement, the amount for those courses is the amount worked out for the year using the method statement set out in paragraph (3)(b).
Table A providers--amount for demand driven higher education courses
(5) For the purposes of paragraph (1)(c) and subject to subsection (6), the amount for * demand driven higher education courses is the lesser of:
(a) the * maximum basic grant amount for the year for those courses that is specified in the * Table A provider's funding agreement; and
(b) the amount worked out for the year using the following method statement.
Method statement
Step 1. For each * funding cluster in which the provider has provided places in those courses in respect of * non-grandfathered students, multiply:
(a) the * number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the * Commonwealth contribution amount for a place in that funding cluster.
Step 2. For each * funding cluster (other than the * first funding cluster and the * second funding cluster) in which the provider has provided places in those courses in respect of * grandfathered students, multiply:
(a) the * number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the * Commonwealth contribution amount for a place in that funding cluster.
Step 3. For each * grandfathered funding cluster part in which the provider has provided places in those courses in respect of * grandfathered students, multiply:
(a) the * number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by
(b) the * grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.
Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.
(6) If a * maximum basic grant amount for the year for the * demand driven higher education courses is not specified in the * Table A provider's funding agreement, the amount for those courses is the amount worked out for the year using the method statement set out in paragraph (5)(b).
Total basic grant amount for non-Table A providers
(7) Subject to subsection (8), the total basic grant amount for a higher education provider (other than a * Table A provider) for a year is the lesser of:
(a) the * maximum basic grant amount for the year that is specified in the provider's funding agreement; and
(b) the amount worked out for the year using the following method statement.
Method statement
Step 1. For each * funding cluster in which the provider has provided places in respect of * non-grandfathered students, multiply the * Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:
(a) the * number of Commonwealth supported places provided by the provider in that funding cluster in respect of those students;
(b) the number of Commonwealth supported places allocated to the provider for that funding cluster in respect of those students.
Step 2. For each * funding cluster (other than the * first funding cluster and the * second funding cluster) in which the provider has provided places in respect of * grandfathered students, multiply the * Commonwealth contribution amount for a place in that funding cluster by the lesser of the following:
(a) the * number of Commonwealth supported places provided by the provider in that funding cluster in respect of those students;
(b) the number of Commonwealth supported places allocated to the provider for that funding cluster in respect of those students.
Step 3. For each * grandfathered funding cluster part in which the provider has provided places in respect of * grandfathered students, multiply the * grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part by the lesser of the following:
(a) the * number of Commonwealth supported places provided by the provider in that part in respect of those students;
(b) the number of Commonwealth supported places allocated to the provider for that part in respect of those students.
Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.
(8) If a * maximum basic grant amount for the year is not specified in the funding agreement of the higher education provider referred to in subsection (7), the total basic grant amount for the provider is the amount worked out for the year using the method statement set out in paragraph (7)(b).
14 Section 33-10
Repeal the section, substitute:
33-10 Commonwealth contribution amounts and grandfathered Commonwealth contribution amounts
(1) The Commonwealth contribution amount for a place in a * funding cluster is the amount specified in the following table in relation to a place in the funding cluster.
| Commonwealth contribution amounts | ||
| Item | For a place in this funding cluster: | The amount is: |
1 | Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture | $1,100 |
| 2 | Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology, Professional Pathway Social Work | $13,250 |
| 3 | Nursing, Foreign Languages, Engineering, Surveying, Environmental Studies, Science |
$16,250 |
| 4 | Agriculture, Medicine, Dentistry, Veterinary Science, Pathology | $27,000 |
Note: Commonwealth contribution amounts are indexed under Part 5-6.
(2) The grandfathered Commonwealth contribution amount for a place in a * grandfathered funding cluster part is the amount specified in the following table in relation to a place in the grandfathered funding cluster part.
| Grandfathered Commonwealth contribution amounts | ||
| Item | For a place in this grandfathered funding cluster part: | The amount is: |
1 | Law, Accounting, Administration, Economics or Commerce | $2,237 |
|
2 | Communications | $13,547 |
| 3 | The Social Studies or Behavioural Science subpart of the Society and Culture part of the first funding cluster | $11,015 |
| 4 | Any other subpart of the Society and Culture part of the first funding cluster | $6,226 |
| 5 | Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment or Computing | $13,250 |
| 6 | Visual and Performing Arts | $13,547 |
| 7 | Professional Pathway Psychology or Professional Pathway Social Work | $11,015 |
Note: Grandfathered Commonwealth contribution amounts are indexed under Part 5-6.
15 Subsection 33-30(1)
After "has provided", insert "in respect of * non-grandfathered students".
16 Subsection 33-30(1) (method statement)
Omit "a unit of study that wholly consists of * work experience in industry", substitute "any unit that is an * ineligible work experience unit for a * non-grandfathered student".
17 Subsection 33-30(1) (method statement, paragraph (b) of step 1)
Omit "persons", substitute "non-grandfathered students".
18 After subsection 33-30(1)
Insert:
(1A) The number of Commonwealth supported places that a higher education provider has provided in respect of * grandfathered students during a particular year is a number equal to the number worked out as follows:
Method statement
Step 1. For each unit of study (other than any unit that is an * ineligible work experience unit for a * grandfathered student) that the provider provided that had its * census date during the year, multiply:
(a) the * EFTSL value of the unit; by
(b) the number of grandfathered students enrolled with the provider in that unit as * Commonwealth supported students.
Step 2. Add together all of the amounts worked out under step 1.
19 Subsection 33-30(3)
Before "to the units", insert "or (1A) (as the case requires)".
20 Subsection 33-30(3) (table)
Repeal the table, substitute:
Working out the number of Commonwealth supported places provided | ||
| Item |
Column 1 To work out the number of Commonwealth supported places provided in ... | Column 2 apply the method statement in subsection (1) or (1A) (as the case requires) to ... |
| 1 | a * funding cluster or a * grandfathered funding cluster part | units provided by the provider in the funding cluster or the grandfathered funding cluster part. |
| 2 | * higher education courses in a * funding cluster or a * grandfathered funding cluster part | units provided by the provider in the funding cluster, or the grandfathered funding cluster part, in those courses. |
3 | * designated higher education courses in a * funding cluster | units provided by the provider in the funding cluster in those courses. |
| 4 |
* demand driven higher education courses in a * funding cluster or a * grandfathered funding cluster part | units provided by the provider in the funding cluster, or the grandfathered funding cluster part, in those courses. |
21 Subsection 33-37(1)
Omit " * basic grant amount for the grant year", substitute " * total basic grant amount for a year".
22 Subsection 33-37(1)
Omit "grant" (second and third occurring).
23 Subsection 33-37(2) (definition of total places provided )
Repeal the definition, substitute:
"total places provided " is the sum of the following:
(a) the * number of Commonwealth supported places that the higher education provider has provided in respect of * non-grandfathered students for the year;
(b) the number of Commonwealth supported places that the higher education provider has provided in respect of * grandfathered students for the year.
24 Paragraph 33-37(4)(d)
Omit " * basic grant amount for the grant year", substitute " * total basic grant amount for the year".
25 Subsection 33-37(6)
Omit " * basic grant amount for a grant year", substitute " * total basic grant amount for a year".
26 Subsection 198-5(1) (table item 1)
Repeal the item, substitute:
| 1 | * Commonwealth contribution amount | Subsection 33-10(1) |
| 2A | * Grandfathered Commonwealth contribution amount | Subsection 33-10(2) |
27 Paragraph 238-10(1)(a)
Omit "Chapter, Part or section", substitute "provision (or a term defined in the Dictionary in Schedule 1 that is required for the purposes of the provision)".
28 Paragraph 238-10(1)(b)
Omit "Chapter, Part or section", substitute "provision".
29 Subsection 238-10(1) (table, heading to column headed "Chapter/Part/section")
Repeal the heading, substitute:
Provision
30 Subsection 238-10(1) (table item 1)
After "section 19-37;", insert "section 33-30;".
31 Subclause 1(1) of Schedule 1 (definition of basic grant amount )
Repeal the definition.
32 Subclause 1(1) of Schedule 1 (definition of Commonwealth contribution amount )
Omit "section 33-10", substitute "subsection 33-10(1)".
33 Subclause 1(1) of Schedule 1
Insert:
"demand driven higher education course " means a * course of study that:
(a) is undertaken by an * eligible Indigenous person for the course of study with a * Table A provider; and
(b) is leading to a * higher education award that is a bachelor degree or bachelor honours degree; and
(c) is not a * designated higher education course.
34 Subclause 1(1) of Schedule 1 (definition of designated courses of study )
Repeal the definition.
35 Subclause 1(1) of Schedule 1
Insert:
"designated higher education course " has the meaning given by subsection 30-12(1).
eligible Indigenous person : an Indigenous person is an eligible Indigenous person for a * course of study with a * Table A provider if, at the time the person first enrols in a course of study with that provider, the person's permanent residential address is in a * regional area or a * remote area.
"first funding cluster " means the * funding cluster referred to in item 1 of the table in section 30-15.
"grandfathered Commonwealth contribution amount" has the meaning given by subsection 33-10(2).
"grandfathered funding cluster part " means:
(a) any part of the * first funding cluster other than the Society and Culture part of that cluster; or
(b) the Social Studies or Behavioural Science subpart of the Society and Culture part of the first funding cluster; or
(c) any other subpart of the Society and Culture part of the first funding cluster; or
(d) any part of the * second funding cluster.
"grandfathered student " : a person is a grandfathered student if:
(a) any of the following apply in relation to the person:
(i) the person commenced a * course of study (the ongoing course ) with a higher education provider before 1 January 2021 but has not completed the ongoing course immediately before that day;
(ii) the person completed a course of study (the earlier course ) with a higher education provider before 1 January 2021 and, on or after that day, the person commences another course of study (the honours course ) that relates to the earlier course and that is leading to a * higher education award that is an h onours degree;
(iii) the person was undertaking, in 2020, an * enabling course and, on or after 1 January 2021, the person commences another course of study (the later course ) that is leading to a higher education award;
(iv) the person was undertaking, in 2020, a course of study (the UC course ) leading to a higher education award that is an undergraduate certificate and, on or after 1 January 2021, the person commences another course of study (the higher qualification course ) that relates to the UC course and that is leading to a higher education award that is a bachelor degree; and
(b) the person was, at any time before 1 January 2021, a * Commonwealth supported student in relation to a unit of study in the ongoing course, earlier course, enabling course or UC course (as the case may be); and
(c) the person undertakes a unit of study as part of the ongoing course, honours course, later course or higher qualification course (as the case may be) that has a * census date that is on or after 1 January 2021.
Note: An undergraduate certificate is an award conferred by higher education providers under the Australian Qualifications Framework.
grant year has the meaning given by subsection 30-25(1).
higher education course means a * course of study other than the following:
(a) a course of study that is a * designated higher education course;
(b) a course of study that is a * demand driven higher education course.
"Indigenous person " has the same meaning as in the Indigenous Education (Targeted Assistance) Act 2000 .
"ineligible work experience unit " for a * non-grandfathered student or a * grandfathered student means a unit of study that the student is enrolled in that meets the following conditions:
(a) the unit wholly consists of * work experience in industry;
(b) either:
(i) the student is exempt from paying his or her * student contribution amount in relation to the unit; or
(ii) the unit does not meet the requirements specified by the Administration Guidelines for the purposes of this subparagraph.
36 Subclause 1(1) of Schedule 1 (definition of maximum basic grant amount )
Omit "subsection 30-27(1)", substitute "section 30-27".
37 Subclause 1(1) of Schedule 1 (definition of non-designated courses of study )
Repeal the definition.
38 Subclause 1(1) of Schedule 1
Insert:
"non-grandfathered student " means a person other than a * grandfathered student.
39 Subclause 1(1) of Schedule 1 (definition of number of Commonwealth supported places )
Repeal the definition, substitute:
"number of Commonwealth supported places " means:
(a) in relation to an allocation of a number of Commonwealth supported places for a * funding cluster or a * grandfathered funding cluster part--the number of places allocated under section 30-10 for that funding cluster or that grandfathered funding cluster part; or
(b) in relation to the provision of a number of Commonwealth supported places in respect of * non-grandfathered students--the number worked out under subsection 33-30(1); or
(c) in relation to the provision of a number of Commonwealth supported places in respect of * grandfathered students--the number worked out under subsection 33-30(1A).
40 Subclause 1(1) of Schedule 1
Insert:
"regional area " means an area that is classified as inner regional Australia, or outer regional Australia, under the * ABS Remoteness Structure.
"remote area " means an area that is classified as remote Australia, or very remote Australia, under the * ABS Remoteness Structure.
"second funding cluster " means the * funding cluster referred to in item 2 of the table in section 30-15.
"total basic grant amount " has the meaning given by section 33-5.
Part 2 -- Application provisions
41 Application of amendments
The amendments of the Higher Education Support Act 2003 made by this Schedule apply in relation to the following:
(a) funding agreements entered into under Part 2-2 of that Act in respect of 2021 and later calendar years;
(b) grants payable under that Part for 2021 and later calendar years.
42 Indexation
Despite anything in Division 198 of Part 5-6 of the Higher Education Support Act 2003 , an amount specified in subsection 33-10(1) or (2) of that Act, as amended by this Schedule, is not to be indexed on 1 January 2021.