Universities Accord (Opening the Doors of Opportunity) Bill 2026

Senator WALSH (Victoria—Minister for Early Childhood Education and Minister for Youth) (10:32): by leave—I move government amendments (1) to (6) on sheet HG147 together: (1) Schedule 1, item 2, page 4 (after line 10), after subsection 30-5(1), insert: (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.

(2) Schedule 1, item 2, page 4 (lines 24 to 29), omit paragraph 30-5(4)(b), substitute: (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. (3) Schedule 1, item 59, page 47 (lines 21 to 26), omit subsection 39-70(2), substitute: 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.

(4) Schedule 1, item 67, page 51 (after line 12), at the end of subsection 41-45(2), add: Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (5) Schedule 1, item 67, page 51 (lines 13 to 14), omit subsection 41-45(3), substitute: (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.

(6) Schedule 1, item 67, page 51 (lines 15 to 16), omit subsection 41-45(4). PARLIAMENTARY COUNSEL Universities Accord (Opening the Doors of Opportunity) Bill 2026 HG147 Statement of reasons: why certain amendments should be moved as requests Section 53 of the Constitution is as follows: Powers of the Houses in respect of legislation 53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate.

But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law. The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people. The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws. Amendment (3) The effect of this amendment is to allow for higher education providers who will receive a certain grant under the Higher Education Support Act 2003 to spend part of the grant in relation to a larger class of persons.

This will change the destination of money appropriated, which will increase a burden in relation to an appropriation. Universities Accord (Opening the Doors of Opportunity) Bill 2026 . SHEET HG147 Statement by the Clerk of the Senate pursuant .to the order of the Senate of 26 June 2000 Amendment (3) According to the statement of reasons for the government amendments on sheet HG147, amendment (3) is covered by section 53 of the Constitution because it "will change the destination of money appropriated, which will increase a burden in relation to an appropriation".

This does not accord with the precedents of the Senate. The third paragraph of section 53 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.

The amendment in question does not have that effect. 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. It is therefore in accordance with the precedents of the Senate for the amendment to be treated as an amendment, rather than a request. This is the same approach that 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.