Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-3 - OTHER GRANTS  

Division 41 - Other grants  

SECTION 41-40   Rollover of grant amounts  

41-40(1)  


If a body to which a grant (the original grant ) under this Part has been made in respect of a year fails to spend an amount (the unspent amount ) of the grant before the end of the year, then:

(a)  unless paragraph (b) applies - the unspent amount is taken to be granted to the body under this Part in respect of the next following year; or

(b)  if the *Secretary specifies an amount (not greater than the unspent amount) in relation to the body and the original grant in a determination under subsection (1A) - the specified amount is taken to be granted to the body under this Part in respect of the next following year.

41-40(1A)  


The *Secretary may, in writing, make a determination for the purposes of paragraph (1)(b) specifying an amount in relation to a body and a grant.

41-40(2)  


The amount taken to be granted under subsection (1) is taken to be granted for the same purpose as the original grant.

41-40(3)  


The grant taken to be made under subsection (1) is taken to be made:

(a)  under the same conditions as the conditions of the original grant - except the grant is taken to be made in respect of the next following year; or

(b)  under such other conditions as are determined by the *Secretary.

41-40(4)  


Subsection (1) does not apply to a body in relation to a grant if the *Secretary specifies the body in relation to the grant in a determination under subsection (5) .

41-40(5)  


The *Secretary may, in writing, make a determination for the purposes of subsection (4) specifying a body in relation to a grant.

41-40(6)  


A determination under subsection (1A) or (5) is not a legislative instrument.



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