Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-4 - COMMONWEALTH SCHOLARSHIPS  

Division 46 - Commonwealth scholarships  

SECTION 46-35   Rollover of grant amounts  

46-35(1)  


If a higher education provider 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 provider 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 provider and the original grant in a determination under subsection (1A) - the specified amount is taken to be granted to the provider under this Part in respect of the next following year.

46-35(1A)  


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

46-35(2)  


The amount taken to be granted under subsection (1) is taken to be granted:

(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.

46-35(3)  


Subsection (1) does not apply to a higher education provider in relation to a grant if the *Secretary specifies the provider in relation to the grant in a determination under subsection (4) .

46-35(4)  


The *Secretary may, in writing, make a determination for the purposes of subsection (3) specifying a higher education provider in relation to a grant.

46-35(5)  


A determination under subsection (1A) or (4) is not a legislative instrument.



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