Federal Register of Legislation
Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2021
I, Stephen Baz, Delegate of the Chief Executive Officer, make the following determination.
Dated 23 April 2021
Stephen Baz Senior Adviser, National Indigenous Australians Agency
Contents 1 Name 2 Commencement 3 Authority 4 Definitions 5 Rollover of grant amounts 6 Conditions on the Adelaide second rollover grant Schedule 1—Conditions
1 Name This instrument is the Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2021.
2 Commencement This instrument commences on the day after it is registered.
3 Authority This instrument is made under subsection 38-40(3) and subsection 38-40(4) of the Act for the purposes of Part 2-2A of the Act.
4 Definitions Note: A number of expressions used in this determination are defined in Schedule 1 of the Act, including the following: (a) annual financial reporting period; (b) higher education provider; and (c) Indigenous person. These expressions are identified in italics in this determination. Adelaide second rollover grant means the grant of the amount determined in paragraph 5(b) that, because of the combined operation of this instrument and section 38-40 of the Act, is taken to be granted under Part 2-2A of the Act to the University of Adelaide in respect of the 2021 calendar year. Act means the Higher Education Support Act 2003. administering officer means an employee in the National Indigenous Australians Agency. grant year means the 2020 calendar year. Guidelines means the Indigenous Student Assistance Grants Guidelines 2017. ISSP grant means the grant provided for under section 5 of the Guidelines in respect of the grant year.
5 Rollover of grant amounts For the purposes of subsection 38-40(1) of the Act, the following is determined under subsection 38-40(3) of the Act: (a) section 38-40 applies to the University of Adelaide in respect of the ISSP grant; and (b) $10,603.48 is the amount of the unspent amount of the ISSP grant. Note 1: If section 38-40 is determined to apply to a higher education provider in respect of a grant, then the effect of subsection 38‑40(1) of the Act is to rollover the amount of the unspent amount of the grant that is determined to the next following year as a new grant under Part 2-2A of the Act. Note 2: Section 164-15 of the Act provides that an overpayment of an amount made to a higher education provider may be deducted from a future amount payable or recovered as a debt due to the Commonwealth. Note 3: This instrument operates in addition to, and does not affect the amount of the unspent amount of the ISSP grant determined in relation to the University of Adelaide in, the Higher Education Support (Indigenous Student Success Program)(Rollover of Grant Amounts) Determination 2021.
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