Contents
- 1 Short title
- 2 Commencement
- 3 Schedules
- Schedule 1 Amendments relating to the funding of higher education
- Schedule 1A Amendments relating to Table B providers
- Schedule 2 Amendments relating to allocations of international student places
- Schedule 3 Amendments relating to mission based compacts
- Schedule 4 Amendments relating to information management
2Commencement#
(1)Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 16 October 2026 |
| 2. Schedule 1, Part 1 | The day after this Act receives the Royal Assent. | 17 October 2026 |
| 3. Schedule 1, Part 2 | 1 January 2027. | 1 January 2027 |
| 4. Schedule 1, Part 3 | The day after this Act receives the Royal Assent. | 17 October 2026 |
| 4A. Schedule 1A | 1 January 2027. | 1 January 2027 |
| 5. Schedules 2 to 4 | The day after this Act receives the Royal Assent. | 17 October 2026 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3Schedules#
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 · Amendments relating to the funding of higher education
Part 1 · Managed growth funding system
Higher Education Support Act 2003#
1 Section 27-1 (paragraph beginning “Amounts of grants”)
After “repayable”, insert “, in some circumstances including”.
2 Division 30
Repeal the Division, substitute:
Division 30 · Eligibility for grants under this Part
Subdivision 30-A · Basic rules
30-1Eligibility for grants#
(1)A grant under this Part is payable, as a benefit to students, to a higher education provider, in respect of the year 2027 or a later year, if:
(a)the provider is:
(i)a *Table A provider; or
(ii)a higher education provider specified in the Commonwealth Grant Scheme Guidelines as a higher education provider that can be paid grants under this Part; and
(b)either of the following applies:
(i)the *ATEC has made an allocation under subsection 30-15(1) or (1A) to the provider for that year;
(ii)the Minister has made an allocation under subsection 30-55(1) or 30-65(1) to the provider for that year.
(2)However, a grant is payable to a higher education provider referred to in subparagraph (1)(a)(ii) only if the grant relates only to *priority classes of courses.
Subdivision 30-B · Allocation of places for higher education courses
30-5Determination of places available for allocation#
(1)The Minister must, by legislative instrument, make a determination (a total allocation pool determination) specifying the total number of Commonwealth supported places that may be allocated for *higher education courses for a specified year to the following:
(a)*Table A providers;
(b)higher education providers referred to in subparagraph 30-1(1)(a)(ii).
(1A)The total number of Commonwealth supported places specified for a year must be equal to or greater than the total number specified in the most recent total allocation pool determination.
When determination must be made
(2)The Minister must make a *total allocation pool determination:
(a)for 2027—before 1 January 2027; and
(b)for 2028 or a later year—before 1 June in the immediately preceding year.
(3)A failure to comply with subsection (2) does not affect the validity of the *total allocation pool determination.
Total number of places available for allocation
(4)The total number of Commonwealth supported places allocated under subsection 30-15(1) or (1A) for a year must not exceed:
(a)if the year is 2027—the number of Commonwealth supported places specified in the *total allocation pool determination for the year; or
(b)if the year is 2028 or a later year—the number of Commonwealth supported places specified in the most recent total allocation pool determination.
Minister may increase total allocation pool
(5)The Minister may, by legislative instrument, vary a *total allocation pool determination by increasing the number of Commonwealth supported places specified in the determination.
(7)In deciding whether to vary a *total allocation pool determination under subsection (5), the Minister:
(a)must consider:
(i)whether increasing the number of Commonwealth supported places specified in the determination would promote the objects of this Act; and
(ii)any advice received from the *ATEC; and
(b)may consider any other matter the Minister considers relevant.
Notice of determination or variation
(8)The Minister must notify the *ATEC in writing as soon as practicable after making or varying a *total allocation pool determination.
Disallowance
(9)Section 42 (disallowance) of the Legislation Act 2003 does not apply to:
(a)a *total allocation pool determination; or
(b)a variation of a total allocation pool determination.
30-10Higher education courses#
A higher education course is a *course of study other than the following:
(a)a course of study that is a *demand driven higher education course;
(b)a *course of study in medicine.
30-15Allocation of places for higher education courses#
Allocation to Table A providers
(1)The *ATEC must, in writing, allocate a specified whole number of Commonwealth supported places for *higher education courses for each year to each *Table A provider.
Allocation to providers other than Table A providers
(1A)The *ATEC may, in writing, allocate a specified whole number of Commonwealth supported places for *higher education courses for a specified year to a higher education provider referred to in subparagraph 30-1(1)(a)(ii).
Domestic student profile
(2)The number of Commonwealth supported places allocated under subsection (1) or (1A) to a higher education provider for a year is the provider’s domestic student profile for the year.
Allocation not a legislative instrument
(3)An allocation under subsection (1) or (1A) is not a legislative instrument.
30-20 Requirements for allocations to Table A providers#
Number of places that must be allocated
(1)A *Table A provider’s *domestic student profile for a year must be equal to:
(a)if at any time during the year, a mission based compact under Division 2 of Part 3 of the *ATEC Act was in force between the *ATEC and the provider—the sum of:
(i)the *core student load for the provider for the year; and
(ii)the *additional growth allocation (if any) for the provider for the year; or
(b)otherwise—the core student load for the provider for the year.
Places for particular higher education courses
(2)The allocation must not specify that a number of the Commonwealth supported places in the provider’s *domestic student profile are for a particular *higher education course or kind of higher education course.
30-25Core student load and additional growth allocation#
Core student load
(1)The core student load for a *Table A provider for a year (the reference year) is the number of Commonwealth supported places that is:
(a)if the reference year is 2027—specified in a determination under subsection (2) in relation to the provider; or
(b)if the reference year is 2028 or a later year—the lesser of the following:
(i)the provider’s *domestic student profile for the immediately preceding year;
(ii)the *number of Commonwealth supported places (rounded up to the nearest whole number) provided by the provider in *higher education courses during the most recent year for which, as at the time the *ATEC first made an allocation under subsection 30-15(1) for the reference year, there was *verified student data for any higher education provider.
(2)The *ATEC may, in writing, make a determination for the purposes of paragraph (1)(a) specifying a whole number of Commonwealth supported places in relation to a specified *Table A provider.
Additional growth allocation
(3)The additional growth allocation for a *Table A provider for a year is the number of Commonwealth supported places specified in a determination under subsection (4) in relation to the provider and the year.
(4)The *ATEC may, in writing, make a determination for the purposes of subsection (3) specifying a whole number of Commonwealth supported places in relation to a specified *Table A provider and a specified year.
Determinations are not legislative instruments
(5)A determination under subsection (2) or (4) is not a legislative instrument.
30-35Requirements for allocations to non-Table A providers#
An allocation under subsection 30-15(1A) to a higher education provider that is not a *Table A provider must specify:
(a)that it is only in respect of *priority classes of courses; and
(b)the number of Commonwealth supported places for each priority class of courses for which the provider is allocated places.
30-40Priority classes of courses#
A priority class of courses, in relation to a higher education provider, is a class of *higher education courses specified in the Commonwealth Grant Scheme Guidelines as a priority class of courses for:
(a)the provider; or
(b)a class of higher education providers that includes the provider.
30-45ATEC must take into account and publish strategic priorities etc.#
(1)In making a decision under this Subdivision in relation to a higher education provider, the *ATEC must take the following matters into account:
(a)any priorities notified by the Minister under subsection 15(1) of the *ATEC Act;
(b)whether the decision is likely to affect the ability of the provider to comply with section 36-25 of this Act (continued support for Commonwealth supported students);
(c)if the provider is a *Table A provider or *Table B provider—the most recent assessment of the provider made under subsection 30(1) of the ATEC Act (if any);
(d)student demand.
(2)Subsection (1) does not limit the matters that may be taken into account.
Statement to be published
(3)The *ATEC must, as soon as practicable after the ATEC has allocated the total number of Commonwealth supported places specified in a *total allocation pool determination for a year, publish on the ATEC’s website a summary of the matters the ATEC took into account when allocating those places for the year.
30-50Allocations etc. to be published#
(a)each allocation made under subsection 30-15(1) or (1A) for a year; and
(b)for an allocation made to a higher education provider that is a *transitioning Table A provider for the year—the provider’s *transitional commencing places limit for the year.
Subdivision 30-C · Allocation of places for demand driven and medical courses
30-55Allocation of places for demand driven higher education courses#
(1)The Minister may, in writing, allocate a specified whole number of Commonwealth supported places for *demand driven higher education courses for a specified year to a *Table A provider.
(2)The number of Commonwealth supported places allocated under subsection (1) to a *Table A provider for a year is the provider’s demand driven courses profile for the year.
Minimum number of places that may be allocated
(3)A *Table A provider’s *demand driven courses profile for a year (the reference year) must be no less than:
(a)if no allocation has previously been made to the provider under subsection (1)—the *number of Commonwealth supported places provided by the provider in *demand driven higher education courses during the most recent year for which, as at immediately before the reference year, there was *verified student data for the provider; or
(b)otherwise—the provider’s demand driven courses profile for the most recent year for which such an allocation was made.
Allocation not a legislative instrument
(4)An allocation under subsection (1) is not a legislative instrument.
30-60Demand driven higher education courses#
(1)Each of the following is a demand driven higher education course:
(a)a *course of study that:
(i)is undertaken by an *Indigenous person; and
(ii)is leading to a *higher education award that is a bachelor degree or bachelor honours degree; and
(iii)is not a *course of study in medicine;
(b)a course of study that:
(i)is undertaken by an *Indigenous person; and
(ii)is a course of study in medicine; and
(iii)is not a course, or a course of a kind, specified in an instrument under subsection (2);
(c)a course of study that is a course, or a course of a kind, specified in an instrument under subsection (3).
(2)The Minister may, by legislative instrument, specify either or both of the following for the purposes of subparagraph (1)(b)(iii):
(a)a *course of study;
(b)a kind of course of study.
(3)The Minister may, by legislative instrument, specify either or both of the following for the purposes of paragraph (1)(c):
(a)a *course of study;
(b)a kind of course of study.
30-65Allocation of places for medical courses#
(1)The Minister may, in writing, allocate a number of Commonwealth supported places for *medical courses for a specified year to the following:
(a)a *Table A provider;
(b)a higher education provider referred to in subparagraph 30-1(1)(a)(ii).
(2)The Minister may make the allocation by specifying:
(a)a whole number of places; or
(b)a method for determining the number of places.
(3)If a method is specified and the number of places determined using the method is not a whole number, the number is to be rounded up to the nearest whole number.
(4)The number of Commonwealth supported places allocated under subsection (1) to a higher education provider for a year is the provider’s medical courses profile for the year.
Allocation not a legislative instrument
(5)An allocation under subsection (1) is not a legislative instrument.
30-70Medical courses#
A medical course is a *course of study in medicine other than a *demand driven higher education course.
30-75Allocations to be published#
The Minister must cause to be published on the Department’s website:
(a)each allocation made under subsection 30-55(1) for a year; and
(b)each allocation made under subsection 30-65(1) for a year.
3 Subparagraph 33-1(1)(b)(iv)
Omit “year; and”, substitute “year.”.
4 Subparagraph 33-1(1)(b)(v)
Repeal the subparagraph.
5 Section 33-5
Repeal the section, substitute:
33-5Total basic grant amount—Table A providers#
(1)The total basic grant amount for a *Table A provider for a year is the sum of the following amounts:
(a)the amount for *higher education courses;
(c)the amount for *demand driven higher education courses (see subsection (8)).
(d)the amount for *medical courses (see subsection (10)).
Amount for higher education courses
(2)For the purposes of paragraph (1)(a), the amount for *higher education courses is:
(b)if subsection (3) applies—the amount worked out under that subsection; or
(c)if subsection (3) does not apply—the amount worked out for the year using the following method statement.
Method statement
Step 1. For each *funding cluster in which the provider has provided places in those courses in respect of *non-grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in those courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 3. For each *grandfathered funding cluster part in which the provider has provided places in those courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by
(b) the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.
Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.
(3)If the *number of Commonwealth supported places provided by the provider in *higher education courses during the year exceeds the provider’s *domestic student profile for the year, then the amount for those courses is the amount worked out by multiplying:
(a)the provider’s *domestic student profile for the year; by
(b)the provider’s *average cluster rate for those courses for the year.
Amount for demand driven higher education courses
(8)For the purposes of paragraph (1)(c), the amount for *demand driven higher education courses is:
(a)if an allocation under subsection 30-55(1) has been made to the provider for the year and subsection (9) applies—the amount worked out under that subsection; or
(b)otherwise—the amount worked out for the year using the following method statement.
Method statement
Step 1. For each *funding cluster in which the provider has provided places in those courses in respect of *non-grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in those courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 3. For each *grandfathered funding cluster part in which the provider has provided places in those courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by
(b) the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.
Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.
(9)If the *number of Commonwealth supported places provided by the provider in *demand driven higher education courses during the year exceeds the provider’s *demand driven courses profile for the year, the amount for those courses is the amount worked out for the year by multiplying:
(a)the provider’s demand driven courses profile; by
(b)the provider’s *average cluster rate for demand driven higher education courses.
Amount for medical courses
(10)For the purposes of paragraph (1)(d), the amount for *medical courses is:
(a)if no allocation under subsection 30-65(1) has been made to the provider for the year—nil; or
(b)if such an allocation has been made and subsection (11) applies—the amount worked out under that subsection; or
(c)if such an allocation has been made and subsection (11) does not apply—the amount worked out for the year using the following method statement.
Method statement
Step 1. For each *funding cluster in which the provider has provided places in those courses in respect of *non-grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in those courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 3. For each *grandfathered funding cluster part in which the provider has provided places in those courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by
(b) the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.
Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.
(11)If the *number of Commonwealth supported places provided by the provider in *medical courses during the year exceeds the provider’s *medical courses profile for the year, the amount for those courses is the amount worked out for the year by multiplying:
(a)the provider’s medical courses profile; by
(b)the provider’s *average cluster rate for medical courses.
33-6Total basic grant amount—non-Table A providers#
(1)The total basic grant amount for a higher education provider (other than a *Table A provider) for a year is the sum of the following amounts:
(a)the amount for *higher education courses (see subsection (2));
(b)the amount for *medical courses (see subsection (5)).
Amount for higher education courses
(2)For the purposes of paragraph (1)(a), the amount for *higher education courses is:
(a)if no allocation under subsection 30-15(1A) has been made to the provider for the year—nil; or
(b)otherwise—the sum of the following amounts:
(i)the sum of the amounts for each *priority class of courses in which the *number of Commonwealth supported places provided by the provider during the year does not exceed the number of places allocated to the provider for that priority class for that year (see subsection (3));
(ii)the sum of the amounts for each priority class of courses in which the number of Commonwealth supported places provided by the provider during the year exceeds the number of places allocated to the provider for that priority class for that year (see subsection (4));
(3)For the purposes of subparagraph (2)(b)(i), the amount for a *priority class of courses to which that subparagraph applies is the amount worked out for the year using the following method statement.
Method statement
Step 1. For each *funding cluster in which the provider has provided places in that *priority class of courses in respect of *non-grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in that *priority class of courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 3. For each *grandfathered funding cluster part in which the provider has provided places in that *priority class of courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by
(b) the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.
Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.
(4)For the purposes of subparagraph (2)(b)(ii), the amount for a *priority class of courses to which that subparagraph applies is the amount worked out for the year by multiplying:
(a)the number of Commonwealth supported places allocated to the provider for that priority class; by
(b)the provider’s *average cluster rate for that priority class.
Amount for medical courses
(5)For the purposes of paragraph (1)(b), the amount for *medical courses is:
(a)if no allocation under subsection 30-65(1) has been made to the provider for the year—nil; or
(b)if such an allocation has been made and subsection (6) applies—the amount worked out under that subsection; or
(c)if such an allocation has been made and subsection (6) does not apply—the amount worked out for the year using the following method statement.
Method statement
Step 1. For each *funding cluster in which the provider has provided places in those courses in respect of *non-grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in those courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 3. For each *grandfathered funding cluster part in which the provider has provided places in those courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by
(b) the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.
Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.
(6)If the *number of Commonwealth supported places provided by the provider in *medical courses during the year exceeds the provider’s *medical courses profile for the year, the amount for those courses is the amount worked out for the year by multiplying:
(a)the provider’s medical courses profile; by
(b)the provider’s *average cluster rate for medical courses.
33-7Funding clusters#
The funding clusters are:
| Funding clusters | |
|---|---|
| Item | Funding clusters |
| 1 | Law, Accounting, Administration, Economics, Commerce, Communications, Society and Culture |
| 2 | Education, Clinical Psychology, English, Mathematics, Statistics, Allied Health, Other Health, Built Environment, Computing, Visual and Performing Arts, Professional Pathway Psychology, Professional Pathway Social Work |
| 3 | Nursing, Indigenous and Foreign Languages, Engineering, Surveying, Environmental Studies, Science |
| 4 | Agriculture, Medicine, Dentistry, Veterinary Science, Pathology |
| 5 | *FEE-FREE Uni Ready courses |
6 After section 33-10
Insert:
33-15Average cluster rate#
(1)A higher education provider’s average cluster rate, for a class of *courses of study mentioned in subsection (2) for a year, is the amount worked out for the year using the following method statement.
Method statement
Step 1. For each *funding cluster in which the provider has provided places in those courses in respect of *non-grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 2. For each *funding cluster (other than the *first funding cluster and the *second funding cluster) in which the provider has provided places in those courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that funding cluster in respect of those students; by
(b) the *Commonwealth contribution amount for a place in that funding cluster.
Step 3. For each *grandfathered funding cluster part in which the provider has provided places in those courses in respect of *grandfathered students, multiply:
(a) the *number of Commonwealth supported places provided by the provider in those courses in that grandfathered funding cluster part in respect of those students; by
(b) the *grandfathered Commonwealth contribution amount for a place in that grandfathered funding cluster part.
Step 4. Add together all of the amounts worked out under steps 1, 2 and 3.
Step 5. Divide the amount worked out under step 4 by the total *number of Commonwealth supported places provided by the provider in those courses.
(2)For the purposes of subsection (1), the classes of *courses of study are as follows:
(a)*higher education courses;
(c)*demand driven higher education courses;
(d)*medical courses;
(e)a particular *priority class of courses.
7 Subsection 33-30(1) (method statement, step 1)
Omit “that the provider provided that had its *census date during the year”, substitute “*covered by the *verified student data for the provider for the year”.
8 Subsection 33-30(1A) (method statement, step 1)
Omit “that the provider provided that had its *census date during the year”, substitute “*covered by the *verified student data for the provider for the year”.
9 Subsection 33-30(3) (table item 1)
Repeal the table item.
11 Subsection 33-30(3) (table item 2, column 2)
Omit “provided by the provider”, substitute “*covered by the *verified student data for the provider”.
13 Subsection 33-30(3) (table items 3 and 4, column 2)
Omit “provided by the provider”, substitute “*covered by the *verified student data for the provider”.
14 Subsection 33-30(3) (at the end of the table)
Add:
| 5 | *medical courses in a *funding cluster or a *grandfathered funding cluster part | units *covered by the *verified student data for the provider in the funding cluster, or the grandfathered funding cluster part, in those courses. |
| 6 | a *priority class of courses in a *funding cluster or a *grandfathered funding cluster part | units *covered by the *verified student data for the provider in the funding cluster, or the grandfathered funding cluster part, in those courses. |
15 After section 33-30
Insert:
33-31Verified student data etc.#
Information that is verified student data
(1)Information about a higher education provider is verified student data for the provider for a year if:
(a)the information relates to the units of study provided by the provider that had a *census date during the year; and
(b)the provider has given the information to the Minister for the purposes of working out the amount of a grant payable to the provider under this Part in respect of the year; and
(c)the provider has verified the information as accurate and complete; and
(d)the period determined under subsection (2) has ended.
(2)The Minister may, by written notice given to the provider, determine a period for the purposes of paragraph (1)(d).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(3)A notice given under subsection (2) is not a legislative instrument.
Units covered by verified student data
(4)A unit of study is covered by the *verified student data for a higher education provider for a year if:
(a)the unit was provided by the provider; and
(b)the unit had a *census date during the year; and
(c)the verified student data includes information about the unit.
16 At the end of Subdivision 33-C
Add:
33-38Adjustments for places provided in excess of allocation#
(1)A higher education provider’s *total basic grant amount for a year (the reference year) is reduced by an adjustment in respect of the reference year if:
(a)the *number of Commonwealth supported places provided by the provider in *higher education courses during the reference year exceeds the provider’s *default deemed allocation for that year; or
(b)if the provider is a *transitioning Table A provider for the reference year—the provider’s *verified commencing places for the reference year exceeds the *transitional commencing places limit for that year.
(2)The adjustment under subsection (1) is an amount worked out using the following formula:
where:
amount charged means an amount equal to the sum of the *student contribution amounts charged by the provider for each unit of study that:
(a)forms part of a *higher education course in which the provider has provided Commonwealth supported places during the reference year; and
(b)is *covered by the *verified student data for the provider for the reference year.
over-enrolled places means:
(a)the number of places worked out under subsection (3); or
(b)if the provider is a *transitioning Table A provider—the number of places worked out under subsection (4).
places provided means the *number of Commonwealth supported places provided by the provider in *higher education courses during the reference year.
(3)For the purposes of paragraph (a) of the definition of over-enrolled places in subsection (2), the number of places is the difference between:
(a)the *number of Commonwealth supported places provided by the provider in *higher education courses during the reference year; and
(b)the higher of the following:
(i)the provider’s *default deemed allocation for the reference year;
(ii)the number of Commonwealth supported places provided by the provider in *higher education courses during 2025.
(4)For the purposes of paragraph (b) of the definition of over-enrolled places in subsection (2), the number of places is the lesser of the following:
(a)the number of places worked out under subsection (3);
(b)the total number of places by which the provider exceeded the transitional limit in relation to:
(i)the reference year; and
(ii)if the provider exceeded the transitional limit in relation to one or more consecutive years ending immediately before the start of the reference year—those consecutive years.
(5)For the purposes of paragraph (4)(b), the provider exceeds the transitional limit in relation to a year if the provider’s *verified commencing places for the year exceeds the provider’s *transitional commencing places limit for the year.
33-39 Default deemed allocation#
A higher education provider’s default deemed allocation for a year is 105% of the provider’s *domestic student profile for the year (rounded up to the nearest whole number).
33-39AKey concepts relating to deemed allocations for transitioning Table A providers#
Transitioning Table A provider
(1)A higher education provider is a transitioning Table A provider for a year (the reference year) if:
(a)the provider is a *Table A provider; and
(b)in relation to the following years, the *number of Commonwealth supported places provided by the provider in *higher education courses exceeded the provider’s *default deemed allocation:
(i)if the reference year is 2027—the reference year;
(ii)if the reference year is 2028 or a later year—each year from 2027 to the reference year (inclusive).
Verified commencing places
(2)A *transitioning Table A provider’s verified commencing places for a year is the *number of Commonwealth supported places provided by the provider during the year in *higher education courses in respect of *commencing students for those courses.
Transitional commencing places limit
(3)A *transitioning Table A provider’s transitional commencing places limit for a year is the number of Commonwealth supported places specified in a determination under subsection (4) in relation to the provider and the year.
(4)The *ATEC may, in writing, make a determination for the purposes of subsection (3) specifying a whole number of Commonwealth supported places in relation to a specified *transitioning Table A provider and a specified year.
(5)A determination under subsection (4) is not a legislative instrument.
17 Paragraph 36-10(1)(a)
Repeal the paragraph, substitute:
(a)the unit forms part of a *course of study:
(i)for which the provider has been allocated one or more Commonwealth supported places for the year in which the person is undertaking the unit; or
(ii)that is a *demand driven higher education course; and
18 Paragraphs 36-10(5)(a) to (c)
Repeal the paragraphs, substitute:
(a)the unit in which the person is enrolled forms part of a *priority class of courses; and
(b)the provider has received a grant under this Part in respect of that priority class for the year in which the person is undertaking the unit.
19 Paragraph 36-30(3)(a)
Repeal the paragraph, substitute:
(a)the unit forms part of a *priority class of courses; and
20 Paragraph 36-30(3)(b)
Omit “under section 30-10 in respect of that national priority”, substitute “for that priority class”.
21 Paragraph 36-30(4)(a)
Omit “the *number of Commonwealth supported places in respect of that *national priority”, substitute “the Commonwealth supported places allocated to the provider for that *priority class of courses”.
22 Section 36-65
Repeal the section, substitute:
36-65Medical course providers to comply with conditions determined by Minister#
(1)This section applies in relation to a higher education provider that has a *medical courses profile for a year.
(1A)The Minister may, in writing, determine conditions that a specified higher education provider must comply with in relation to *medical courses provided by the provider, for the purposes of this Division.
(2)The provider must comply with all such conditions in respect of any year for which the provider receives a grant under this Part.
Limits on conditions
(2A)The Minister must not determine a condition under subsection (1A) that:
(a)specifies a matter in respect of which the Minister could have made a determination under subsection 36-15(2) of this Act (or could have made such a determination but for subsection 36-15(4) of this Act or section 48 (remaking disallowed legislative instruments) of the Legislation Act 2003); or
(b)relates to industrial relations matters.
Note: The Minister has the power under subsection 36-15(2) to determine, by legislative instrument, that students are not to be enrolled as Commonwealth supported students in particular courses. Subsection 36-15(4) requires the determination to be made at least 6 months before students are able next to commence the courses.
Conditions to be published
(2B)The Minister must cause each determination made under subsection (1A) to be published on the Department’s website.
Determination not a legislative instrument
(3)A determination under subsection (1A) is not a legislative instrument.
23 Subsection 36-70(3)
Omit “on or after the day on which the provider entered into a funding agreement under section 30-25 in respect of a period that includes that year”, substitute “during that year”.
24 At the end of Part 2-2
Add:
Division 37 · Evaluation of operation of this Part
37-1Evaluation of operation of amendments to this Part#
(1)The Minister must cause an independent evaluation to be conducted of the operation of the amendments made to this Part by the Universities Accord (Opening the Doors of Opportunity) Act 2026.
(2)Without limiting subsection (1), the evaluation must include consideration of the exercise of powers and performance of functions by the *ATEC under this Part as amended.
Timing of evaluation
(3)The persons conducting the evaluation must commence the evaluation before 1 January 2030.
Minister to be given report of review
(4)The persons conducting the evaluation must give the Minister a written report of the evaluation.
25 Subparagraph 46-13(c)(ii)
Omit “subparagraph 30-1(1)(b)(i)”, substitute “subparagraph 30-1(1)(a)(ii)”.
26 Subsection 46-15(1)
Omit “subparagraph 30-1(1)(b)(i)”, substitute “subparagraph 30-1(1)(a)(ii)”.
27 Paragraph 238-5(1)(ab)
Repeal the paragraph, substitute:
238-5ADelegations by the ATEC#
(1)The *ATEC may, in writing, delegate all or any of the ATEC’s functions or powers under this Act to:
(a)an *ATEC Commissioner; or
(2)In performing functions or exercising powers under the delegation, the delegate must comply with any directions of the *ATEC.
29 Subclause 1(1) of Schedule 1
Insert:
additional growth allocation has the meaning given by subsection 30-25(3).
ATEC means the Australian Tertiary Education Commission.
ATEC Act means the Universities Accord (Australian Tertiary Education Commission) Act 2026.
ATEC Commissioner has the same meaning as in the *ATEC Act.
average cluster rate has the meaning given by subsection 33-15(1).
commencing student, for a *course of study for a higher education provider for a year, means a person who:
(a)commenced the course with the provider during the year; and
(b)is not a person included in a class of persons specified in an instrument under subclause (1AA).
core student load has the meaning given by subsection 30-25(1).
covered: see subsection 33-31(4) for when a unit of study is covered by *verified student data.
default deemed allocation has the meaning given by section 33-39.
demand driven courses profile has the meaning given by subsection 30-55(2).
30 Subclause 1(1) of Schedule 1 (definition of demand driven higher education course)
Repeal the definition, substitute:
demand driven higher education course has the meaning given by subsection 30-60(1).
31 Subclause 1(1) of Schedule 1
Insert:
domestic student profile has the meaning given by subsection 30-15(2).
32 Subclause 1(1) of Schedule 1 (definition of first funding cluster)
Omit “section 30-15”, substitute “section 33-7”.
33 Subclause 1(1) of Schedule 1 (definition of funding clusters)
Omit “section 30-15”, substitute “section 33-7”.
34 Subclause 1(1) of Schedule 1 (definition of grant year)
Repeal the definition.
35 Subclause 1(1) of Schedule 1 (definition of higher education course)
Repeal the definition, substitute:
higher education course has the meaning given by section 30-10.
36 Subclause 1(1) of Schedule 1 (definition of maximum basic grant amount)
Repeal the definition.
37 Subclause 1(1) of Schedule 1
Insert:
medical courses has the meaning given by section 30-70.
medical courses profile has the meaning given by subsection 30-65(4).
38 Subclause 1(1) of Schedule 1 (definition of national priority)
Repeal the definition.
39 Subclause 1(1) of Schedule 1 (paragraph (a) of the definition of number of Commonwealth supported places)
Repeal the paragraph.
40 Subclause 1(1) of Schedule 1
Insert:
priority class of courses has the meaning given by section 30-40.
41 Subclause 1(1) of Schedule 1 (definition of second funding cluster)
Omit “section 30-15”, substitute “section 33-7”.
42 Subclause 1(1) of Schedule 1
Insert:
total allocation pool determination: see subsection 30-5(1).
43 Subclause 1(1) of Schedule 1 (definition of total basic grant amount)
Omit “meaning given by section 33-5”, substitute “meanings given by subsections 33-5(1) and 33-6(1)”.
44 Subclause 1(1) of Schedule 1
Insert:
transitional commencing places limit has the meaning given by subsection 33-39A(3).
transitioning Table A provider has the meaning given by subsection 33-39A(1).
verified commencing places has the meaning given by subsection 33-39A(2).
verified student data has the meaning given by subsection 33-31(1).
45 Subclause 1(1AA) of Schedule 1
Repeal the subclause, substitute:
Commencing student
(1AA)For the purposes of paragraph (b) of the definition of commencing student in subclause (1), the Minister may, by legislative instrument, specify a class of persons.
46 Before subclause 1(1A) of Schedule 1
Insert:
Eligible former permanent humanitarian visa holder
47 Before subclause 1(1C) of Schedule 1
Insert:
Grandfathered student
48 Before subclause 1(2) of Schedule 1
Insert:
Overseas student
49 Before subclause 1(4) of Schedule 1
Insert:
Pacific engagement visa holder
50 Application and saving provisions
Grants payable before 2027
(1) Part 2-2 of the Higher Education Support Act 2003, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a grant payable under that Part in respect of a year from 2005 to 2026 (inclusive).
(2) Section 33-31 of the Higher Education Support Act 2003, as inserted by this Part, applies in relation to a unit of study that has a census date on or after 1 January 2026.
Universities Accord (Australian Tertiary Education Commission) Act 2026#
51 At the end of section 11
Add:
Note: The functions mentioned in paragraph (i) include the allocation of Commonwealth supported places to certain higher education providers under Part 2-2 of the Higher Education Support Act 2003.
52 At the end of subsection 15(4)
Add:
Note: The ATEC must also take those priorities into account when performing its functions relating to the allocation of Commonwealth supported places under Part 2-2 of the Higher Education Support Act 2003 (see subsection 30-45(1) of that Act).
Part 2 · Needs-based funding
Higher Education Support Act 2003#
53 After paragraph 3-5(1)(aa)
Insert:
(ab)grants for needs-based funding;
54 After paragraph 5-1(4)(aa)
Insert:
(ab)Part 2-2B (Needs-based funding grants);
55 Section 8-1
Omit “4 kinds” (wherever occurring), substitute “5 kinds”.
56 Section 8-1 (after the paragraph beginning “grants under Part 2-2A”)
Insert:
• grants under Part 2-2B to higher education providers to support persons of certain backgrounds and to assist with the costs associated with having campuses in regional, remote and other high priority areas. Grants are made subject to conditions; and
57 Subparagraph 22-15(1)(a)(i)
After “2-2A,”, insert “2-2B,”.
58 Paragraph 33-31(1)(b)
After “under this Part”, insert “or Part 2-2B”.
59 After Part 2-2A
Insert:
Part 2-2B · Needs-based funding grants
Division 39 · Needs-based funding grants
Subdivision A · Overview and eligibility for grants under this Part
39-1What this Part is about#
Grants are payable under this Part to higher education providers to:
(a) support persons of certain backgrounds to access, participate in and complete courses of study, including Indigenous persons, persons from a low socioeconomic background and persons studying in regional, remote and other high priority areas; and
(b) assist with the costs, expenses or other obligations associated with establishing, operating, maintaining or administering campuses in regional, remote and other high priority areas.
Note: This Part does not apply to Table C providers: see section 5-1.
39-5Needs-based Funding Grants Guidelines#
Grants under this Part are also dealt with in the Needs-based Funding Grants Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.
Note: The Needs-based Funding Grants Guidelines are made by the Minister under section 238-10.
Subdivision B · Basic rules
39-10Eligibility for grants#
A grant under this Part is payable to a higher education provider, in respect of the year 2027 or a later year, if a grant under Part 2-2 is payable to the provider in respect of that year.
39-15How grant amount is worked out#
The amount of a grant payable to a higher education provider under this Part for a year is the sum of the following amounts:
(a)the *total equity component for the provider for that year;
(b)the *total regional component for the provider for that year.
Subdivision C · Total equity component
39-20Total equity component#
The total equity component for a higher education provider for a year is the sum of the *equity contribution amounts for all of the *eligible equity students of the provider for the year.
39-25Eligible equity students etc.#
(1)A person is an eligible equity student of a higher education provider for a year if:
(a)all of the following apply:
(i)the person is enrolled with the provider, as a *Commonwealth supported student, in a unit of study on the *census date for the unit;
(ii)the unit forms part of an *eligible equity course;
(iii)the unit is *covered by the *verified student data for the provider for the year; and
(b)any of the following applies:
(i)the person is an *Indigenous person;
(ii)the person is from a *low socioeconomic background;
(iii)the person is included in a class of persons specified in the Needs-based Funding Grants Guidelines; and
(c)the person satisfies any other requirements specified in the Needs-based Funding Grants Guidelines.
(2)A unit of study covered by paragraph (1)(a) is a relevant eligible equity unit in relation to the *eligible equity student for the year.
(3)Each of the following is an eligible equity course in relation to an *eligible equity student:
(a)if the student is an *Indigenous person—an *undergraduate course of study or a *postgraduate course of study;
(b)if the student is from a *low socioeconomic background—an undergraduate course of study;
(c)if the student is included in a class of persons specified in the Needs-based Funding Grants Guidelines for the purposes of subparagraph (1)(b)(iii)—a *course of study of a kind specified in the guidelines in relation to that class.
(4)A person is from a low socioeconomic background if the person satisfies the criteria specified in the Needs-based Funding Grants Guidelines.
39-30Equity contribution amount#
The equity contribution amount for an *eligible equity student of a higher education provider for a year is:
(a)if the student is a *commencing student for an *eligible equity course for the provider for the year—the amount worked out by multiplying:
(i)the *base equity amount; by
(ii)the *equity modifier amount for the student; or
(b)otherwise—the amount worked out for the year using the following method statement.
Method statement
Step 1. Multiply:
(a) the *base equity amount; by
(b) the *equity modifier amount for the student.
Step 2. Multiply the amount worked out under step 1 by the total *EFTSL value of all of the student’s *relevant eligible equity units.
39-35Base equity amount#
The base equity amount is $1,535.
Note: The base equity amount is indexed under Part 5-6.
39-40Equity modifier amount#
(1)Subject to subsection (2), the equity modifier amount for an *eligible equity student included in a class of eligible equity students is the number specified in the Needs-based Funding Grants Guidelines as the equity modifier amount for that class, which must not be less than 1.
(2)If an *eligible equity student is included in 2 or more classes of eligible equity students for which a number is specified in the Needs-based Funding Grants Guidelines for the purposes of subsection (1), the equity modifier amount for the student is the highest of those numbers.
(3)Without limiting subsection (1), the Needs-based Funding Grants Guidelines must specify an *equity modifier amount for the following classes of *eligible equity students:
(a)students who:
(i)are not *Indigenous persons; and
(ii)are from a *low socioeconomic background; and
(iii)have high academic preparedness;
(b)students who:
(i)are not Indigenous persons; and
(ii)are from a low socioeconomic background; and
(iii)have general academic preparedness;
(e)students included in a class of persons specified in the Needs-based Funding Grants Guidelines for the purposes of subparagraph 39-25(1)(b)(iii).
(4)The Needs-based Funding Grants Guidelines may specify:
(a)circumstances in which a person has high academic preparedness for the purposes of subparagraph (3)(a)(iii); and
(b)circumstances in which a person has general academic preparedness for the purposes of subparagraph (3)(b)(iii).
Subdivision D · Regional contribution amount
39-45Total regional component#
The total regional component for a higher education provider for a year is the sum of the *regional contribution amounts for all of the *eligible regional students of the provider for the year.
39-50Eligible regional students etc.#
(1)A person is an eligible regional student of a higher education provider for a year if:
(a)all of the following apply:
(i)the person is enrolled with the provider, as a *Commonwealth supported student, in a unit of study on the *census date for the unit;
(ii)the unit is an *eligible regional unit for the provider;
(iii)the unit is *covered by the *verified student data for the provider for the year; and
(b)the unit is, or is to be, delivered (by any mode) by the provider to the person from a campus:
(i)that is located in a *high priority area; and
(ii)that satisfies any other requirements specified in the Needs-based Funding Grants Guidelines; and
(c)the person satisfies any other requirements specified in the Needs-based Funding Grants Guidelines.
Note: For example, the mode of delivery of a unit may be online or face-to-face, or both.
(2)A unit of study covered by paragraph (1)(a) is a relevant eligible regional unit in relation to the *eligible regional student for the year.
(3)An eligible regional unit for a higher education provider is a unit of study of a kind specified in the Needs-based Funding Grants Guidelines in relation to the provider.
(4)An area is a high priority area if it is a Remoteness Area categorised under the *ABS Remoteness Structure as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia.
39-55Regional contribution amount—commencing students#
(1)This section applies to an *eligible regional student of a higher education provider for a year if:
(a)the student is a *commencing student for a *course of study for the provider for the year; and
(b)any of the student’s *relevant eligible regional units forms part of that course.
(2)The regional contribution amount for the *eligible regional student is the amount worked out by multiplying:
(a)the *base regional amount; by
(b)the *regional modifier amount for the student.
Base regional amount
(3)The base regional amount is $1,398.
Note: The base regional amount is indexed under Part 5-6.
Regional modifier amount
(4)The regional modifier amount for an *eligible regional student is the number specified in, or worked out in accordance with the method specified in, the Needs-based Funding Grants Guidelines, which must not be less than 0.5.
Note: The guidelines may specify different numbers, or methods, for different kinds of eligible regional students: see subsection 33(3A) of the Acts Interpretation Act 1901.
(5)In specifying a number or method for the purposes of subsection (4) in relation to an *eligible regional student, the Minister must take into account the following:
(a)the mode of delivery of each *relevant eligible regional unit of the student;
(b)the cost to higher education providers of delivering or administering *eligible regional units to *commencing students relative to other kinds of students.
Note: For example, the mode of delivery of a unit may be online or face-to-face, or both.
(6)Subsection (5) does not limit the matters that may be taken into account.
39-60Regional contribution amount—other than commencing students#
(1)This section applies to an *eligible regional student of a higher education provider for a year if:
(a)the student is not a *commencing student for a *course of study for the provider for the year; or
(b)if the student is a commencing student for a course of study for the provider for the year—none of the student’s *relevant eligible regional units form part of the course.
(2)The regional contribution amount for the *eligible regional student is the amount specified in, or worked out in accordance with the method specified in, the Needs-based Funding Grants Guidelines.
Note: The guidelines may specify different amounts, or methods, for different kinds of eligible regional students: see subsection 33(3A) of the Acts Interpretation Act 1901.
(3)In specifying a number or method for the purposes of subsection (2) in relation to an *eligible regional student, the Minister must take into account the following:
(a)the mode of delivery of each *relevant eligible regional unit of the student;
(b)the *base regional amount.
Note: For example, the mode of delivery of a unit may be online or face-to-face, or both.
(4)Subsection (3) does not limit the matters that may be taken into account.
Subdivision E · Conditions on and use of grants
39-65Conditions on grants#
A higher education provider receives a grant under this Part on the following conditions:
(a)that the provider complies with section 39-70 (providers to use amounts for certain purposes);
(b)that the provider meets the *quality and accountability requirements;
(c)the conditions (if any) specified in the Needs-based Funding Grants Guidelines.
39-70Providers to use amounts for certain purposes#
(1)This section applies in relation to a higher education provider that receives a grant under this Part in respect of a year.
Total equity component
(2)The higher education provider must spend an amount of the grant that is equal to or greater than the *total equity component for the provider for the year on the following activities:
(a)activities that are primarily for the purposes of supporting *eligible equity students to access, participate in and complete *eligible equity courses;
(b)activities that are primarily for the purposes of supporting persons mentioned in paragraph 39-25(1)(b) to access eligible equity courses.
(3)Subsection (2) does not apply in relation to an activity of a kind specified in the Needs-based Funding Grants Guidelines.
Total regional component
(4)The higher education provider must spend an amount of the grant that is equal to or greater than the *total regional component for the provider for the year for either or both of the following purposes:
(a)paying or discharging costs, expenses or other obligations associated with establishing, operating, maintaining or administering the provider’s campuses in *high priority areas;
(b)supporting *eligible regional students to access, participate in and complete *courses of study.
(5)The Needs-based Funding Grants Guidelines may specify circumstances in which, for the purposes of subsection (4), spending that would otherwise be for a purpose referred to in that subsection is not spending for such a purpose.
Provider to spend amount within specified period
(6)The higher education provider must spend the amounts referred to in subsections (2) and (4) before the end of the period specified in the Needs-based Funding Grants Guidelines.
Subdivision F · Evaluation of this Part
39-75Evaluation of operation of this Part#
(1)The Minister must cause an independent evaluation to be conducted of the operation of this Part.
Timing of evaluation
(2)The persons conducting the evaluation must commence the evaluation before 1 January 2030.
Minister to be given report of evaluation
(3)The persons conducting the evaluation must give the Minister a written report of the evaluation.
60 Section 51-1
After “2-2A,”, insert “2-2B,”.
61 Sections 54-1 and 164-15
After “2-2A,” (wherever occurring), insert “2-2B,”.
62 Paragraphs 180-25(5)(e) and (6)(e)
Omit “Part 2-2A”, substitute “Part 2-2A, 2-2B,”.
63 Subsection 198-5(1) (after table item 2)
Insert:
| 3A | *Base equity amount | Section 39-35 |
| 3B | *Base regional amount | Subsection 39-55(3) |
64 Subsection 238-10(1) (after table item 6A)
Insert:
| 6B | Needs-based Funding Grants Guidelines | Part 2-2B |
65 After subsection 238-10(3)
Insert:
Needs-based Funding Grants Guidelines
(3A)Despite subsection 14(2) of the Legislation Act 2003, the Needs-based Funding Grants Guidelines may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time.
66 Subclause 1(1) of Schedule 1
Insert:
base equity amount has the meaning given by section 39-35.
base regional amount has the meaning given by subsection 39-55(3).
eligible equity course has the meaning given by subsection 39-25(3).
eligible equity student has the meaning given by subsection 39-25(1).
eligible regional student has the meaning given by subsection 39-50(1).
eligible regional unit has the meaning given by subsection 39-50(3).
equity contribution amount has the meaning given by section 39-30.
equity modifier amount has the meanings given by subsections 39-40(1) and (2).
high priority area has the meaning given by subsection 39-50(4).
low socioeconomic background has the meaning given by subsection 39-25(4).
regional contribution amount has the meanings given by subsections 39-55(2) and 39-60(2).
regional modifier amount has the meaning given by subsection 39-55(4).
relevant eligible equity unit has the meaning given by subsection 39-25(2).
relevant eligible regional unit has the meaning given by subsection 39-50(2).
total equity component has the meaning given by section 39-20.
total regional component has the meaning given by section 39-45.
Part 3 · Other grants
41-45Maximum payments for other grants under this Part#
(1)The total payments made under this Part during 2020 and each later year must not exceed the amount determined by the Minister under subsection (2) for that year.
(2)The Minister must, by legislative instrument, determine the total payments made under this Part during a year starting on or after 1 January 2020.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(3)A determination under subsection (2) for a year:
(a)must be made before the start of that year; and
(b)may only be varied before the end of that year.
Division 2—Application and transitional provisions#
68 Definitions
In this Division:
amended Act means the Higher Education Support Act 2003 as amended by this Part.
old Act means the Higher Education Support Act 2003 as in force immediately before the commencement of this item.
69 Grants in respect of 2005 to 2019
Section 41-45 of the old Act continues to apply, on and after the commencement of this item, in relation to a year from 2005 to 2019 (inclusive).
70 Determinations in force at commencement
(1) This item applies if:
(a)a determination is made under subsection 41-45(1B) of the old Act in relation to the total payments made in respect of a year; and
(b)the determination is in force immediately before the commencement of this item.
(2) The determination continues in force (and may be dealt with) on and after that commencement as if it were a determination made under subsection 41-45(2) of the amended Act, before the start of that year, in relation to the total payments made during that year.
Schedule 1A · Amendments relating to Table B providers
Higher Education Support Act 2003#
1 Subsection 16-20(1) (table)
Before:
| Avondale University |
insert:
| Alphacrucis University CollegeAustralian University of Theology |
2 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments made by this Schedule.
(2) 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 under an appropriation in this Act;
(e)directly amend the text of this Act.
Schedule 2 · Amendments relating to allocations of international student places
Universities Accord (Australian Tertiary Education Commission) Act 2026#
1 Section 4 (after the paragraph beginning “The purpose of”)
Insert:
If the Minister determines the number of overseas students that may commence a course of education with ESOS registered higher education providers during a particular period, the ATEC must allocate places for those students to one or more such providers for the period.
2 Section 5
Insert:
allocation means an allocation made under subsection 46C(1).
course of education: see section 5A.
3 Section 5 (definition of course of study)
Repeal the definition.
4 Section 5
Insert:
ESOS registered higher education provider means a registered higher education provider (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011) that is registered under Part 2 of the Education Services for Overseas Students Act 2000.
5 Section 5 (definition of ESOS registered provider)
Repeal the definition.
6 Section 5
Insert:
international allocation pool determination: see subsection 46B(1).
7 Section 5 (definition of international student commencement)
Repeal the definition.
8 Section 5
Insert:
international student profile: see subsection 46C(4).
5AMeaning of course of education#
(1)Subject to subsection (2), a course of education is a course that satisfies one or both of the following:
(a)the course leads to a qualification recognised in the Australian Qualifications Framework (within the meaning of the Higher Education Support Act 2003);
(b)the course is offered by a registered higher education provider (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011).
(2)A course is not a course of education if it is any of the following:
(a)a course of education at a level that, under section 15 of the Australian Education Act 2013, constitutes primary education or secondary education;
(b)a course to which the Foundation Program Standards (within the meaning of the Education Services for Overseas Students Act 2000) apply;
(c)a course to which the ELICOS Standards (within the meaning of the Education Services for Overseas Students Act 2000) apply;
(d)a VET course (within the meaning of the National Vocational Education and Training Regulator Act 2011).
10 Paragraph 11(h)
Repeal the paragraph, substitute:
(h)to allocate numbers of international student places to ESOS registered higher education providers in accordance with a determination of the Minister;
11 Subsection 29(4)
Omit “compact must”, substitute “compact”.
12 Paragraph 29(4)(a)
Omit “include”, substitute “must include”.
13 Paragraph 29(4)(b)
Omit “set”, substitute “must set”.
14 At the end of subsection 29(4)
Add:
; and (c) must not include the international student profile for the provider as a term of the compact.
Note: See subsection 46C(4) for the meaning of international student profile.
15 After Part 4
Insert:
Part 4A · Allocation of international student places
46ASimplified outline of this Part#
This Part deals with the allocation of international student places to ESOS registered higher education providers.
The Minister may make a determination (called an international allocation pool determination) specifying the number of overseas students that may commence a course of education with ESOS registered higher education providers during a period. The ATEC must then allocate places for those students to one or more ESOS registered higher education providers for the period.
The number of places allocated to a provider is the number of overseas students that may commence a course of education with the provider during the period. The ATEC cannot allocate places for more students than the number specified in the international allocation pool determination.
The ATEC must take into account certain matters when making an allocation to a provider, including the provider’s current and previous performance against the terms of the provider’s mission based compact (if any). Consultation requirements also apply for allocations to providers that are Table A or Table B providers.
An international allocation pool determination may also specify matters that the ATEC must comply with when making an allocation, including the kinds of providers to which an allocation may be made and any other matters the ATEC must take into account.
An allocation may be varied, either on the ATEC’s own initiative or if the Minister directs the ATEC to consider doing so.
46BDetermination of international allocation pool#
(1)The Minister may, by legislative instrument, make a determination (an international allocation pool determination) specifying:
(a)the number of overseas students that may commence courses of education with ESOS registered higher education providers during a specified period; and
(b)matters that the ATEC must comply with in relation to making an allocation for the period.
Note: The Minister may vary an international allocation pool determination (see subsection 33(3) of the Acts Interpretation Act 1901).
(2)The international allocation pool determination may provide that overseas students of a specified class are not to be counted for the purposes of an allocation made to a specified class of ESOS registered higher education providers for the period.
(3)Without limiting paragraph (1)(b), the international allocation pool determination may specify the following matters:
(a)the kind or kinds of ESOS registered higher education providers to which the ATEC may make an allocation;
(b)matters that the ATEC must take into account when making an allocation.
Notice of international allocation pool determination
(4)The Minister must notify the ATEC in writing as soon as practicable after making or varying an international allocation pool determination.
Disallowance
(5)Section 42 (disallowance) of the Legislation Act 2003 does not apply to:
(b)a variation of an international allocation pool determination.
46CAllocation of number of international student places#
(1)If the Minister makes an international allocation pool determination relating to a period, the ATEC must, in writing, allocate a number of international student places to one or more ESOS registered higher education providers for the period.
Note: The ATEC must consult certain providers and consider certain matters before making an allocation (see section 46D).
(2)The ATEC may make the allocation by specifying the number of, or a method for determining the number of, international student places.
(3)The number of international student places allocated under subsection (1) to an ESOS registered higher education provider for a period is the number of overseas students that may commence a course of education with the provider during the period.
(4)If the provider is a Table A or Table B provider, the number of international student places allocated under subsection (1) to the provider is the provider’s international student profile for the period.
Allocations must not exceed international allocation pool
(5)The total number of international student places allocated under subsection (1) for a period must not exceed the number specified under paragraph 46B(1)(a) in the international allocation pool determination relating to that period.
Publication of allocations
(6)The ATEC must publish an allocation on the ATEC’s website within 28 days after the allocation is made.
Note: The publication of certain information contained in an allocation may be restricted (see section 70).
Allocation not a legislative instrument
(7)An allocation is not a legislative instrument.
46DRequirements relating to allocation#
(1)Before making an allocation to an ESOS registered higher education provider that is a Table A or Table B provider, the ATEC must:
(a)consult with the provider; and
(b)give the provider a notice, in writing, of the proposed allocation and invite the provider to respond to the notice within 10 business days from the day the notice is given.
(2)When making an allocation to an ESOS registered higher education provider for a period, the ATEC:
(a)must comply with any matter specified in the international allocation pool determination relating to that period; and
(b)must take into account the following:
(i)any response by the provider to a notice given to the provider under paragraph (1)(b);
(ii)if a mission based compact was in force between the ATEC and the provider at any time prior to the making of the allocation—the provider’s performance against the terms of the compact and whether, and for how long, the compact was suspended;
(iii)whether a default mission based compact is, or has been, in force between the ATEC and the provider;
(iv)if the ATEC previously made an allocation to the provider—the extent to which the provider exceeded, or did not exceed, that allocation; and
(c)may take into account any other matter the ATEC considers relevant.
46EMinister may direct ATEC to consider varying allocation#
(1)At any time before the end of the period to which an allocation relates, the Minister may, by legislative instrument, direct the ATEC to consider varying the allocation.
Note: The ATEC may also vary an allocation without being directed by the Minister (see section 46F).
(2)Without limiting subsection (1), the direction may specify:
(a)matters that the ATEC must take into account when considering whether to vary the allocation; and
(b)matters that the ATEC must comply with if the ATEC varies the allocation as a result of the direction.
46FVariation of allocation#
(1)Subject to subsections (2) and (3), the ATEC may vary an allocation at any time before the end of the period to which the allocation relates.
Varying an allocation if the Minister varies international allocation pool determination
(2)If the Minister varies an international allocation pool determination relating to a period, and the ATEC subsequently varies an allocation for that period, the ATEC must comply with any matter specified in the varied determination when varying the allocation.
Varying an allocation if the Minister directs the ATEC to consider variation
(3)If the Minister directs the ATEC to consider varying an allocation under subsection 46E(1), and the ATEC varies the allocation as a result of the direction, the ATEC must comply with any matter specified in the direction when varying the allocation.
Notice before variation
(4)Before the ATEC varies an allocation made to an ESOS registered higher education provider, the ATEC must give the provider a notice of the proposed variation, in writing, at least 10 business days before the proposed variation is made.
(5)However, the ATEC is not required to give the provider a notice under subsection (4) if any of the following applies:
(a)the provider has waived the requirement in writing;
(b)the provider is no longer an ESOS registered higher education provider;
(c)the variation will increase the number of international student places allocated to the provider;
(d)the variation will be made in the circumstances mentioned in subsection (2) or (3).
(6)In making the variation, the ATEC must take into account any response by the provider to the notice given under subsection (4).
Publication of varied allocations
(7)The ATEC must publish the varied allocation on the ATEC’s website within 28 days after the variation is made.
Note: The publication of certain information contained in a varied allocation may be restricted (see section 70).
16 Paragraph 71(2)(b)
After “or the ATEC”, insert “(other than a decision made under Part 4A)”.
17 Paragraph 71(2)(c)
After “higher education providers”, insert “(other than for the purposes of a function of the ATEC under Part 4A)”.
18 After subsection 73(1)
Insert:
(1A)The ATEC may, in writing, delegate all or any of the ATEC’s functions or powers under this Act to:
(a)an ATEC Commissioner; or
(b)an SES employee, or acting SES employee, of the Department whose services are made available to the ATEC under section 22.
19 Subsection 73(4)
After “the ATEC Commissioner,”, insert “the ATEC,”.
Schedule 3 · Amendments relating to mission based compacts
Universities Accord (Australian Tertiary Education Commission) Act 2026#
1 Section 26 (paragraph beginning “The ATEC may”)
2 Paragraph 29(2)(a)
Repeal the paragraph, substitute:
(a)consider the strategic priorities and outcomes set out in any statement of strategic priorities prepared under section 43, which relates to a calendar year during which the compact is to be in force; and
3 Paragraph 29(2)(d)
Repeal the paragraph, substitute:
(d)consider any assessment made under subsection 30(1) in relation to the provider; and
4 Subsection 30(1)
Repeal the subsection, substitute:
(1)The ATEC must assess, at least once every calendar year starting on or after 1 January 2028, a Table A or Table B provider’s outcomes against the terms of at least one mission based compact that:
(a)comes into force on or after 1 January 2027; and
(b)is either of the following:
(i)the mission based compact currently in force for the provider;
(ii)the last mission based compact in force for the provider before the compact mentioned in subparagraph (i) came into force.
5 Section 35
Omit “the day the compact is entered into”, substitute “the day specified in the compact”.
6 Application provision
The amendment made by this Part to section 35 of the Universities Accord (Australian Tertiary Education Commission) Act 2026 does not apply in relation to a mission based compact that continues in force under subitem 1(1) of Schedule 2 to the Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Act 2026.
Schedule 4 · Amendments relating to information management
Part 1 · Amendment of the Education Services for Overseas Students Act 2000
Education Services for Overseas Students Act 2000#
1 Section 5A
Omit “paragraphs 11(d)”, substitute “paragraphs 11(1)(d)”.
2 After subsection 109(1)
Insert:
Access for the purposes of this Act
3 After subsection 109(2)
Insert:
Access for persons given information under section 175
(2A)The Secretary may also give access to the system, or a part of the system, to any person who is given information under section 175.
4 Subsection 109(3)
Omit “The access may be given”, substitute “The access given under subsection (2) or (2A) may be”.
5 Subsection 109(3)
After “use of the system”, insert “, or the part of the system,”.
6 At the end of subsection 109(3)
Add “, or the part of the system”.
7 Subsection 109(4)
Omit “the person”, substitute “a person given access under subsection (2) or (2A)”.
8 Subsection 175(1) (note)
Omit “Note”, substitute “Note 1”.
9 At the end of subsection 175(1)
Add:
Note 2: Information can also be provided by giving access to a system or a part of a system under section 109.
10 After subsection 175(1A)
Insert:
Giving information to the Australian Tertiary Education Commission and certain other people
(1B)The Secretary, or the ESOS agency for a provider or registered provider, may give information obtained or received for the purposes of this Act to the following, for the purposes of enabling the administration of the Universities Accord (Australian Tertiary Education Commission) Act 2026:
(a)the Australian Tertiary Education Commission;
(b)a person mentioned in section 22 or 23 of that Act;
(c)a contractor engaged under section 24 of that Act.
Giving information to the Commonwealth Ombudsman and certain other people
(1C)The Secretary, or the ESOS agency for a provider or registered provider, may give information obtained or received for the purposes of this Act to the following, for the purposes of enabling the administration of the Ombudsman Act 1976:
(a)the Commonwealth Ombudsman;
(b)another officer within the meaning of subsection 35(1) of that Act.
11 Application of amendments
(1) The amendments made by this Part of section 109 of the Education Services for Overseas Students Act 2000 apply in relation to giving a person access to a system, or a part of a system, on or after the commencement of this item, if the person has been given information under section 175 of that Act on or after that commencement.
(2) The amendments made by this Part of section 175 of the Education Services for Overseas Students Act 2000 apply in relation to the giving of information on or after the commencement of this item, whether the information was obtained or received before, on or after that commencement.
Part 2 · Other amendments
Ombudsman Act 1976#
12 Subsection 3(1)
Insert:
ATEC Commissioner has the same meaning as in the Universities Accord (Australian Tertiary Education Commission) Act 2026.
13 At the end of subsection 21AV(6)
Add:
; (d) an ATEC Commissioner.
14 After subsection 21AZG(3)
Insert:
Disclosure to ATEC Commissioners
(3A)An official may, subject to subsection (5), disclose relevant information to an ATEC Commissioner if the disclosure is for the purposes of assisting the ATEC Commissioner to perform the functions or duties, or to exercise the powers, of the ATEC Commissioner.
15 Subsection 21AZG(5)
After “(3)”, insert “, (3A)”.
Tertiary Education Quality and Standards Agency Act 2011#
16 Section 5
Insert:
ATEC Commissioner has the same meaning as in the Universities Accord (Australian Tertiary Education Commission) Act 2026.
17 After section 194A
Insert:
194BDisclosing information to ATEC Commissioners#
TEQSA may disclose higher education information and personal information to an ATEC Commissioner if the disclosure is for the purposes of assisting the ATEC Commissioner to perform the functions or duties, or to exercise the powers, of the ATEC Commissioner.
Division 2—Application and transitional provisions#
18 Application provision
The following provisions, as inserted by Division 1 of this Part, apply in relation to the disclosure of information on or after the commencement of this item, whether the information was obtained or received before, on or after that commencement:
(a)subsection 21AZG(3A) of the Ombudsman Act 1976;
(b)section 194B of the Tertiary Education Quality and Standards Agency Act 2011.
[Minister’s second reading speech made in—
House of Representatives on 25 June 2026
Senate on 7 September 2026]
(82/26)
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.