Higher Education Funding Act 1988

The Minister may, subject to such conditions as the Minister determines, approve a proposal, whether by an institution or otherwise, for expenditure by an institution to which this section applies on:

a research program; or

a program that supports:

research training; or

the conduct of research programs;

The Minister may approve a proposal for expenditure by a body, other than an institution, on:

a research program; or

a program that supports:

research training; or

the conduct of research programs;

A proposal for expenditure by an institution or body cannot be approved under subsection (1) or (1A) in relation to the year starting on 1 January 2001 or a later year unless:

there is an approved research and research training management plan for the institution or body and the year (see subsection (1C)); and

the institution or body is an accredited higher education institution or body (see subsection (1D)); and

the institution or body is listed in Schedule 1.

For the purposes of paragraph (1B)(a), there is an approved research and research training management plan for an institution or body and a year if (and only if):

the institution or body has, in writing, submitted a plan to the Minister that covers the year; and

the Minister has, in writing, declared that he or she is satisfied that the plan meets the requirements in force under subsection (1E).

For the purposes of paragraph (1B)(b), an institution or body is an accredited higher education institution or body if (and only if) the institution or body is included as a higher education institution on both of the following registers (as in force when the relevant expenditure proposal is being considered by the Minister):

the Australian Qualifications Framework Register of Authorities empowered by Government to Accredit Post‑Compulsory Education and Training Courses;

the Australian Qualifications Framework Register of Bodies with Authority to Issue Qualifications.

The Minister may, by instrument in writing, determine requirements to be satisfied for a plan to be approved under paragraph (1C)(b).

A determination under this subsection is a legislative instrument—see paragraph 110(b).

If the Minister approves a proposal under subsection (1) or (1A) in respect of a year, then, subject to section 23C:

the Minister must determine an amount as the estimated total expenditure on the proposal for the year; and

the Minister must determine an amount of approved expenditure in relation to the proposal for the year; and

the amount of approved expenditure on the proposal for the year must not be greater than the amount of estimated total expenditure on the proposal for the year.

There is payable to an institution or another body to which an approved proposal relates, for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the institution or other body in connection with the approved proposal in respect of the year to which the proposal relates, an amount equal to the amount of the approved expenditure in relation to the proposal.

Financial assistance is granted to an institution or another body under subsection (3) in relation to an approved proposal of the institution or body in respect of a year on the condition that:

the sum of the amounts spent by the institution or other body in connection with the proposal in respect of that year, being amounts spent before the end of that year or spent after that year in respect of commitments entered into before the end of that year;

the sum of the amounts of financial assistance paid to the institution or body under this section in relation to the proposal.