Commonwealth Numbered Regulations - Explanatory Statements

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HIGHER EDUCATION FUNDING REGULATIONS 2002 2002 NO. 306

Statutory Rules 2002 No. 306

Issued by the authority of the Minister for Education, Science and Training

Higher Education Funding Act 1988

Higher Education Funding Regulations 2002

The Higher Education Funding Act 1988 (HEFA) makes provision for grants of financial assistance to higher education institutions and other bodies for higher education purposes.

Section 120 of the HEFA allows the Governor-General to make regulations to prescribe all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Higher Education Legislation Amendment Act (No.3) 2002 (the Amendment Act) amends the HEFA to extend the application of the National Protocols for Higher Education Approval Processes to Australia's external territories.

Subsection 106ZQ(2) of the Amendment Act provides that regulations may prescribe fees to be paid in respect of applications made to the Minister for accreditation.

Subsection106ZQ(3) of the Amendment Act provides that a person making an application for accreditation under subsection 106ZQ(1) must pay such fees as are provided for in the regulations at such times as the regulations provide.

The purpose of the proposed Regulations is to prescribe the fees to be paid in respect of applications made under subsection 106ZQ(1) of the Amendment Act and the timing of the payment of such fees.

The effect of the Regulations is to provide for a fee of $40,000 to be paid in respect of an application to the Minister for approval of a person as a self accrediting entity, or a fee of $10,000 in respect of an application by a person for accreditation in relation to that Territory for each course it proposes to offer.

The Regulations commenced on gazettal.

A Regulation Impact Statement was not prepared because the Regulations have a minimal impact on business.