Universities Accord (Opening the Doors of Opportunity) Bill 2026

The CHAIR (10:03): According to the statement of reasons for the government amendments on sheet HG147, the amendment (3) 'will change the destination of money appropriated, which will increase a burden in relation to an appropriation'. This reflects the advice to the government from the parliamentary counsel, but the Clerk's view is that this does not accord with precedents of the Senate.

The third paragraph of section 53 of the Constitution provides that: The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people. This has relevantly been taken to mean that the Senate may not amend a bill to increase the proposed expenditure under a standing appropriation. However, the amendment in question does not have that effect.

The advice of the Clerk, which is set out on the amendment sheet, is that: The amendment broadens the purposes for which higher education providers may spend the equity component of their needs-based funding grants. It does not change the provisions determining the amount of those grants or the total proposed expenditure under the standing appropriation. The fact that the grants may be used to support a larger class of persons does not itself increase the amount payable by the Commonwealth.

This is consistent with the approach the Senate took in relation to the Northern Australia Infrastructure Facility Bill 2016 and the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. I have considered the views of the parliamentary counsel and the Clerk and consider that the Clerk's view is consistent with the precedents of the Senate.

I therefore rule that the amendment should be framed as an amendment, not a request.