{"id":"F2020L01617","name":"Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020","slug":"higher-education-support-maximum-payments-for-commonwealth-scholarships-determination-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":130848,"registerId":"commonwealth-F2020L01617-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n\n \n\nHigher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020\n\nmade under section 46-40 of the\n\nHigher Education Support Act 2003\n\nCompilation No. 4\n\nCompilation date: 12 December 2025 \n\nIncludes amendments up to: F2025L01534 \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nPrepared by the Department of Education\n\nAbout this compilation\n\n \n\nThis compilation\n\nThis is a compilation of the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 that shows the text of the law as amended and in force on 11 December 2025 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\n \n\n \n\n1 Name\n\n This instrument is the Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020.\n\n3 Authority\n\n This instrument is made under subsection 46-40(3) of the Act.\n\n4 Definitions\n\n In this instrument:\n\nAct means the Higher Education Support Act 2003.\n\n6 Determination of maximum payments\n\n For the purposes of item 14 of the table in subsection 46-40(1) of the Act, the total payments made under Part 2-4 of the Act in respect of a year referred to below must not exceed the amount specified:\n\n (a) for the year 2020—$1,045,572,000;\n\n (b) for the year 2021—$1,064,392,000;\n\n (c) for the year 2022— $1,074,000,000;\n\n (d) for the year 2023—$1,112,000,000;\n\n (e) for the year 2024—$1,199,000,000;\n\n (f) for the year 2025—$1,248,000,000;\n\n (g) for the year 2026—$1,263,000,000; and\n\n (h) for the year 2027—$1,274,000,000.\n\n \n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n \n\nEndnote 2—Abbreviation key\n\n \n\n| ad = added or inserted | orig = original |\n| --- | --- |\n| am = amended | par = paragraph(s)/subparagraph(s) |\n| amdt = amendment | /sub‑subparagraph(s) |\n| c = clause(s) | pres = present |\n| C[x] = Compilation No. x | prev = previous |\n| Ch = Chapter(s) | (prev…) = previously |\n| def = definition(s) | Pt = Part(s) |\n| Dict = Dictionary | r = regulation(s)/rule(s) |\n| disallowed = disallowed by Parliament | reloc = relocated |\n| Div = Division(s) | renum = renumbered |\n| exp = expires/expired or ceases/ceased to have | rep = repealed |\n| effect | rs = repealed and substituted |\n| F = Federal Register of Legislation | s = section(s)/subsection(s) |\n| gaz = gazette | Sch = Schedule(s) |\n| LA = Legislation Act 2003 | Sdiv = Subdivision(s) |\n| LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment | SR = Statutory Rules |\n| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |\n| mod = modified/modification | SubPt = Subpart(s) |\n| No. = Number(s) | underlining = whole or part not |\n| o = order(s) | commenced or to be commenced |\n| Ord = Ordinance | |\n\n\n \n\nEndnote 3—Legislation history\n\n \n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- |\n| Higher Education Support (Maximum Payments for Commonwealth Scholarships) Determination 2020 | 16 December 2020 (F2020L01617) | 17 December 2020 | |\n| Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2022 | 20 December 2022
(F2022L01716) | 21 December 2022
| |\n| Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2023 | 14 December 2023
(F2023L01661) | 15 December 2023 | |\n| Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2024 | 16 December 2024 (F2024L01689) | 17 December 2024 | |\n| Higher Education Support Amendment (Maximum Payments for Commonwealth Scholarships) Determination 2025 | 11 December 2025 (F2025L01534) | 12 December 2025 | |\n\n\n \n\nEndnote 4—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| s 2 | rep LA s 48D |\n| s 5 | rep LA s 48C |\n| s 6(c) | am F2022L01716 |\n| s 6(d) | am F2022L01716; am F2023L01661 |\n| s 6(e) | am F2023L01661; am F2024L01689 |\n| s 6(f) | ad F2023L01661; am F2024L01689; am F2025L01534 |\n| s 6(g) | ad F2024L01689; am F2025L01534 |\n| s 6(h) | ad F2025L01534 |\n\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It was always intended to be a simple annual cap-setting instrument for Commonwealth Scholarship payments. The amendments have only updated the dollar amounts for future years (2022-2027) and removed redundant provisions (sections 2 and 5), without expanding into new policy areas or adding regulatory complexity."},"complexity_factors":["Extremely short instrument: only 6 operative sections, with sections 2 and 5 repealed (removed), leaving just 4 substantive provisions","Minimal defined terms: only one definition ('Act') in section 4","No cross-references to other legislation beyond the enabling provision (section 46-40 of the Higher Education Support Act 2003)","Simple tabular structure in section 6: straightforward year-to-amount mapping with no conditions, exceptions, or nested logic","No discretionary powers, administrative processes, or compliance obligations established","Purely mechanical function: sets numerical caps only"],"plain_english_summary":"This instrument sets annual maximum spending limits for Commonwealth Scholarships under the Higher Education Support Act 2003 for 2020–2027, capping how much the government can pay each year to support students from disadvantaged, regional, or Indigenous backgrounds.\n\nIt affects eligible students, the universities that administer the awards, and taxpayers by constraining scholarship expenditure and potentially forcing rationing or later adjustments if demand outstrips the caps."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument’s subject matter—setting maximum total payments under item 14 of subsection 46‑40(1)—remains the same, but the numeric caps and the set of covered years were altered through successive amendment determinations (see Endnotes 3–4). Amendments updated amounts for specific years and added later years, so the monetary limits and temporal scope changed from the 2020 original text while the underlying regulatory purpose did not."},"complexity_factors":["Simple substantive effect: a short list of fixed annual monetary caps (s 6).","Legal cross-reference: operates by reference to item 14 of the table in subsection 46‑40(1) of the Higher Education Support Act 2003 (s 3; definition of Act at s 4).","Temporal coverage: caps specified year-by-year for 2020–2027, requiring year-specific compliance and budgeting (s 6(a)–(h)).","Amendment history: multiple subsequent amendment instruments updated values and added years, increasing interpretive and historical tracking needs (Endnotes 3–4).","Compilation material and uncommenced amendments: endnotes note possible uncommenced or modifying laws and transitional/application details that must be checked when applying the caps (About this compilation; Endnotes).","Administrative effect: creates an operational obligation for administrators to monitor aggregate Part 2‑4 payments so totals do not exceed the caps (s 6)."],"plain_english_summary":"This Determination sets fixed annual caps on total Commonwealth scholarship payments under Part 2‑4 of the Higher Education Support Act 2003 for the years 2020–2027. It requires the Commonwealth’s administrators to ensure total payments in each listed year do not exceed the dollar amounts specified. It matters because it constrains how much can be paid out in scholarships each year and therefore shapes how administrators allocate scholarship funding within those limits."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-support-maximum-payments-for-commonwealth-scholarships-determination-2020","history":"/api/acts/higher-education-support-maximum-payments-for-commonwealth-scholarships-determination-2020/history","analysis":"/api/acts/higher-education-support-maximum-payments-for-commonwealth-scholarships-determination-2020/analysis","conflicts":"/api/acts/higher-education-support-maximum-payments-for-commonwealth-scholarships-determination-2020/conflicts","importantCases":"/api/acts/higher-education-support-maximum-payments-for-commonwealth-scholarships-determination-2020/important-cases","documents":"/api/acts/higher-education-support-maximum-payments-for-commonwealth-scholarships-determination-2020/documents"}}