S 19-110 substituted by No 26 of 2026, s 3 and Sch 1 item 1, effective 29 April 2026. No 26 of 2026, s 3 and Sch 2 item 1 contains the following transitional provision:
1 Transitional provision
-
mission based compacts
(1)
A mission based compact that was in force under section
19-110
of the
Higher Education Support Act 2003
immediately before the commencement of this item continues in force (and may be dealt with) on and after that commencement as if it were a mission based compact under section 27 of the
Universities Accord (Australian Tertiary Education Commission) Act 2026
.
…
…
3 Transitional rules
(1)
The Minister may, by legislative instrument, make rules prescribing matters:
(a)
required or permitted by this Act to be prescribed by the rules; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)
Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a)
the amendments or repeals made by this Act; or
(b)
the enactment of the
Universities Accord (Australian Tertiary Education Commission) Act 2026
.
(3)
To avoid doubt, the rules may not do the following:
(a)
create an offence or civil penalty;
(b)
provide powers of:
(i)
arrest or detention; or
(ii)
entry, search or seizure;
(c)
impose a tax;
(d)
set an amount to be appropriated from the Consolidated Revenue Fund;
(e)
directly amend the text of this Act or the
Universities Accord (Australian Tertiary Education Commission) Act 2026
.
(4)
This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).
S 19-110 formerly read:
SECTION 19-110 Table A providers and Table B providers must enter into mission based compacts
19-110(1)
A higher education provider that is a
*
Table A provider or a
*
Table B provider must, in respect of each year for which a grant is paid to the provider under this Act, enter into a mission based compact with the Commonwealth for a period that includes that year.
19-110(2)
The Minister may, on behalf of the Commonwealth, enter into a mission based compact with a
*
Table A provider or a
*
Table B provider.
19-110(3)
The mission based compact must include:
(a)
a statement of the provider
'
s mission; and
(b)
a statement of the provider
'
s strategies for teaching and learning; and
(c)
a statement of the provider
'
s strategies for:
(i)
undertaking research; and
(ii)
research training; and
(iii)
innovation; and
(d)
a statement of the provider
'
s strategies for engaging with industry; and
(e)
a statement of the provider
'
s strategies for improving equality of opportunity in higher education.
Note:
A mission based compact may include other matters.
History
S 19-110(3) amended by No 93 of 2020, s 3 and Sch 3 item 1, by inserting para (d) and (e), effective 28 October 2020 and applicable in relation to a mission based compact in respect of 2021 and later calendar years.
19-110(4)
The
*
Secretary must cause a copy of each mission based compact to be published on the Department
'
s website within 28 days after the making of the compact.
S 19-110 inserted by No 104 of 2011, s 3 and Sch 3 item 3, applicable in relation to the year commencing on 1 January 2012 or a later year. No 104 of 2011, s 3 and Sch 3 item 10 contains the following transitional provision:
10 Transitional
-
mission based compacts
(1)
This item applies if:
(a)
the Minister entered into a mission based compact with a Table A provider or a Table B provider before commencement; and
(b)
the compact satisfies the requirements of subsection 19-110(3) of the new Act; and
(c)
the compact is still in force immediately before commencement.
19-110(2)
The compact is taken to have been entered into under section 19-110 of the new Act.
19-110(3)
If it has not previously been published on the Department
'
s website, the Secretary must cause a copy of the compact to be published on the Department
'
s website within 28 days after commencement.
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