Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

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 ).

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 .

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) ).

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.

30-25(3)  
Without limiting subsection (2), the agreement may specify:


(aa) the *number of Commonwealth supported places allocated to the provider under section 30-10 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) the maximum number of Commonwealth supported places provided by the provider which can have a regional loading in the grant years; and


(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) the maximum number of Commonwealth supported places provided by the provider which can have an enabling loading in the grant years; and


(cb) the maximum number of Commonwealth supported places provided by the provider which can have a transitional 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


(e) the maximum amount of transitional 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.

30-25(4)  
(Repealed by No 104 of 2011)




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